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The Use of 'Use' Clauses in Restaurant Leases
October 26, 2010
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.
How the New FDD Has Affected the Franchise Sales Process
October 26, 2010
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.
Developments in Distressed Lending
October 26, 2010
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.
Unprecedented Challenges in Commercial Real Estate Restructuring
October 26, 2010
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.
In the Marketplace
October 26, 2010
Highlights of the latest equipment leasing news from around the country.
League Impact on the Sports Team Bankruptcy Process
October 26, 2010
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.
ELFA Survey
October 26, 2010
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.
New Brunswick's New Cost of Credit Disclosure Act
October 26, 2010
The Canadian Province of New Brunswick recently brought into force a new Cost of Credit Disclosure Act and New Brunswick Regulation 2010-104 under the Cost of Credit Disclosure Act. The provisions of the Act and the Regulation change significantly the disclosure requirements applicable in New Brunswick.
Civil Liability of Rating Agencies
October 26, 2010
The Dodd-Frank Act greatly increases rating agencies' potential liability under the securities laws. One impact is almost certain: In the future, rating agencies are unlikely to fare as well in the courts as they have in the past.
Developments in Distressed Lending
October 26, 2010
Recently, in <i>In re TOUSA Inc.</i> and <i>In re Capmark Fin. Group Inc.</i>, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.

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