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

In the Spotlight: A 'Down-and-Dirty' Guide to Drafting Basic Landlord's Work Provisions
October 26, 2010
If a tenant fails to specify where installations should be placed, a landlord may install them in a manner that will minimize its costs even if such installations make little sense from an operational point of view. Savvy tenants will not let this happen.
Lease Termination Fees May Be an Avoidable Preference Under the Bankruptcy Code
October 26, 2010
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.
Court Watch
October 26, 2010
Highlights of the latest franchising cases from around the country.
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.
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.
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.
Guarantee Alternatives to Improve Your Close Rate
September 30, 2010
If you are providing financing or bonding to small and mid-sized businesses, your firm will likely require personal guarantees from the principals of the client company. A competitive strategy to soften the perceived impact to those making the guarantees and to allow your company to mitigate its risk may be one of the keys to winning new business.
Real Property Law
September 29, 2010
Recent rulings of interest to you and your practice.

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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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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