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We found 2,436 results for "Commercial Leasing Law & Strategy"...

Recovery of Make-Whole Premiums
April 30, 2013
A lender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case has been the subject of considerable judicial debate over the past number of years, with some courts allowing recovery and others denying it. Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate by denying bondholders the right to payment of a make-whole premium in connection with the debtor's refinancing of the bond debt.
Regulation and Innovation in Leasing
April 29, 2013
Are the imperatives of innovation and compliance always mutually exclusive? This article explores these very different but perhaps not always incompatible concerns.
Presto Change-Oops: Unexpected Challenges in Converting a Lease into an Equipment Finance Agreement
April 29, 2013
As many practitioners have found, taking a client's standard-form equipment lease and creating an equipment finance agreement is more complicated than it appears.
Outparcels in Retail Projects
April 26, 2013
The key to being able to sell or lease an outparcel successfully may often turn on the care that was taken by the initial developer of the subject project.
In the Spotlight: The Assignment Clause in an Agreement of Sale
April 26, 2013
No party may assign this agreement: If this is the clause in an agreement of sale, the negotiating attorneys have not sufficiently protected their clients' interests.
Parking: It's Not Just About the Ratios Anymore
April 26, 2013
New approaches to parking are offering retailers and developers greater flexibility and the opportunity to reduce costs and environmental impacts.
Landlord & Tenant
March 29, 2013
Professional analysis of several recent rulings of importance.
The Scope of Indemnification in DIP Financing Agreements
March 28, 2013
This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and examines the effect of pre-petition indemnifications on the bankruptcy estate.
The Mutual Benefits of Trust: Building an Attorney-Client Relationship in Collections Work
March 28, 2013
With a commitment to some fundamental operating principles and a focus on building a mutually beneficial relationship, both the collections attorney and his or her client can develop and maintain a long-term working relationship that really is, for all intents and purposes, a partnership.
Con Ed Reversal Ends LILO/SILO Saga ' And Then Some
March 28, 2013
In January, the U.S. Court of Appeals for the Federal Circuit handed down its decision in <i>Consolidated Edison Company of New York, Inc. v. United States.</i> The decision reverses the only lower court case that had decided a LILO or SILO transaction in favor of the taxpayer, and likely ends the decade-long litigation of these contentious leveraged lease cases.

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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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