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We found 2,403 results for "Commercial Leasing Law & Strategy"...

Making Your Leases Work with Your Loan Documents
October 25, 2012
Among the various reasons for complying with your loan documents, the most compelling is the fact that the typical non-recourse carve-out for unpermitted "transfers" may include leases that are not approved in accordance with your loan documents.
In the Marketplace
October 24, 2012
Highlights of the latest equipment leasing news.
Economic Outlook Report
October 24, 2012
The Equipment Leasing & Finance Foundation has released the fourth quarter update to its 2012 Equipment Leasing & Finance U.S. Economic Outlook, which projects growth in equipment and software investment for 2012 at 6.7%, down from the 2011 growth rate of 11%.
Recent Developments in Enforcement of Forum Selection Clauses
October 24, 2012
This article highlights several practical tips that will increase the probability that a forum selection clause will be enforced to its maximum effect.
To Participate or Not to Participate: A Secured Party's Question
October 24, 2012
This article considers what might happen to a secured claim if the creditor fails, or elects not, to participate in its debtor's bankruptcy case.
Creditor Recoupment
September 26, 2012
The U.S. Court of Appeals for the Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping of amounts owed to it by a Chapter 7 debtor.
Perfection and Priority of a Security Interest in Internationally Mobile Goods
September 26, 2012
Even if a loan to a borrower is made by the Cayman Islands branch of a lender, and thus neither lender nor borrower has any "presence" in New York (other than, not atypically, lender's counsel), the parties' choice of New York law should be effective, as New York permits parties to commercial agreements involving not less than $250,000 to "agree that the law of this state shall govern their rights and duties in whole or in part, whether or not such contract, agreement or undertaking bears a reasonable relation to this state."
Mall's 'Minimal Precautions' Spare It Liability for Murder
September 25, 2012
Since the owners of an Ulster County, NY, mall took at least "minimal precautions to protect tenants from foreseeable harm," they cannot be held liable for the brutal after-hours murder of the night manager of a restaurant, an appellate court has held.
In the Spotlight: Should You Consider a Sale-Leaseback?
September 25, 2012
This article looks at some of the benefits and downsides of sale-leasebacks, and discusses some of the factors to consider to achieve optimum results in structuring one.
Adding a Fuel Facility to Boost Sales
September 25, 2012
This brief review of some of the issues that may be encountered in leasing a fuel facility clearly establishes that adding a fuel facility to a retailer's portfolio of properties is anything but easy.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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