Highlights of the latest commercial leasing cases from around the country.
November 01, 2005ALM Staff | Law Journal Newsletters |
Landlords frequently run into unexpected problems — which I call "icebergs" — with their tenants, some of which were discussed in last month's Spotlight, ie, hazmat remediation. Here are a few more icebergs to watch out for.
November 01, 2005Jack GarsonLandlords and tenants occasionally ask whether they should bother to negotiate and execute a letter of intent to lease. Many wonder whether it might be more efficient to launch right into negotiating the lease itself. The investment in negotiating a letter of intent to lease will almost always pay quick dividends for landlords and tenants. The dividends may be in the form of an early discovery of a lack of agreement on an important issue that will allow the parties either to resolve it quickly or decide to terminate further negotiations and part ways. The more details sorted out during the letter of intent phase, the greater the likelihood of a smoother and successful consummation of the lease. Finding the proper balance of detail to include at the letter of intent phase is often a function of the nature and size of the transaction and the sophistication and leverage of the parties involved. This article is intended to help landlords and tenants consider what they may want to include in their letters of intent to lease.
November 01, 2005Jay A. GitlesPart One of this article discussed the Penn Central multifactor takings test. The conclusion addresses the "whole parcel" rule announced in Penn Central as well as the two-part takings test established by Agins v. City of Tiburon, 447 U.S. 255 (1980) and suggests strategies to redress loss of property values due to regulations.
November 01, 2005Brian W. BlaesserEverything in this issue, in an easy-to-follow format.
November 01, 2005ALM Staff | Law Journal Newsletters |In-depth analysis of a recent key case.
November 01, 2005ALM Staff | Law Journal Newsletters |Recent rulings of importance to you and your practice.
November 01, 2005ALM Staff | Law Journal Newsletters |Recent rulings of interest to you and your practice, with key analysis.
November 01, 2005ALM Staff | Law Journal Newsletters |Present-day real estate financing is significantly more complex than traditional financing. Sobered by borrower bankruptcies and compelled by rating agency requirements in the modern day era of mortgage securitizations, lenders are now looking to "mezzanine loans" to bridge the gap between senior debt and borrower equity. A mezzanine loan will often cover 50% to 90% of the equity required to acquire a property. In order to secure the repayment of a mezzanine loan, a lender customarily requires a pledge of the partnership or membership interests of the property owning entity.
November 01, 2005Christine McGuinness