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Recently, the Eleventh Circuit considered whether future rent under a lease was "debt" for purposes of bankruptcy, and held that a tenant becomes "indebted" to the landlord for all future rental payments for the life of the lease at the moment the lease is executed.
Features
Highlights of the latest franchising cases from around the country.
Features
This article covers one important issue that can be problematic for both landlord and restaurant tenant if not thoughtfully addressed within the lease: the "use" clause.
Based on what the author has heard since franchisors have updated their FDDs, there are mixed feelings as to whether changes to the Franchise Rule have improved or complicated the sales process from the perspective of franchisors.
Recently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.
The authors identify some practical "watch out for's" when attempting to restructure a CRE entity against the backdrop of today's unprecedented market conditions.
Features
Highlights of the latest equipment leasing news from around the country.
Salaries in the equipment finance sector remained largely unchanged in 2009, while total compensation declined across functions within the industry, according to the Equipment Leasing and Finance Association's 2010 Equipment Finance Compensation Survey.
In Part One of this article, the authors explored two recent Chapter 11 bankruptcy cases for the Chicago Cubs and the Texas Rangers. The conclusion herein discusses the Chapter 11 experience of the NHL's Phoenix Coyotes.