Common And Uncommon Assignment/Subletting Problems
June 23, 2009
Part One of this article, which ran in the May 2009, issue of this newsletter, discussed the differences between assignment and subletting and assignments pro tanto. Part Two herein explores some of the problems that can arise in a transaction involving assignment or subletting.
In the Spotlight: Commercial Tenant Considerations in a Troubled Economy
June 23, 2009
This article addresses certain terms, provisions and concerns that should be covered in a tenant's lease transaction, which will not only be important if the landlord experiences financial difficulties, but will also assist the tenant if it should confront a difficult financial situation on its own account.
Trouble in Lease Land
June 23, 2009
Part One of this article in last month's issue discussed a variety of methods to keep the tenant operating. The article herein continues the discussion.
Seventh Circuit Vindicates Secured Lenders' Right to Full Payment
June 23, 2009
The U.S. Court of Appeals for the Seventh Circuit held on May 5, 2009, that two secured lenders were fully secured, "entitled to a full recovery" from the debtor ("UAL") despite the bankruptcy court's improper valuation of the collateral (improved airport terminal space) securing the lenders' underlying $60 million loan.
Developments, Risks and Advanced Structures in the Lease Syndication Market
May 29, 2009
Part One of this article provided an overview of the three common structures typically used in connection with syndication of equipment finance transactions, as well as addressed UCC issues and syndication of motor vehicle leases. This second installment discusses types of recourse to the seller; allocation of taxes, costs, and expenses; servicing; remarketing and residual support; and securities laws issues.
e-Commerce Activity Makes Gains, Though Still Down Since Economy Crunch
May 28, 2009
Rock-solid numbers on economic activity are tough to come by, but if the U.S. Census Bureau's preliminary estimates of retail e-commerce sales can be considered the closest thing to rock-solid numbers, then the nation's economy may be starting the long recovery economists said would come.
Will Your New Tenant Bail Out?
May 26, 2009
With so many vacancies popping up in shopping centers around the country, landlords are willing to entertain creative solutions to placing tenants in these empty spaces. However, before signing the leases and dropping off the keys, landlords should make certain they follow some very simple procedures and perform routine due diligence.
