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We found 2,447 results for "Commercial Leasing Law & Strategy"...

Converting Debt to Equity: An Alternative to Modification or Extension of Loans
July 01, 2023
Historically, lenders have been unwilling to go into business with their borrowers, preferring to observe a rigid separation between debtor and creditor. However, if an office property can be repositioned for another use, there is a path between extending the term of a loan and hoping for the best, and taking the property back and realizing a catastrophic loss.
Economic Stability Could Lead to Significant Increase In CRE Activity In 2024
July 01, 2023
Before deal activity in the commercial real estate lending sector can approach anywhere close to returning to its 2021 highs, many commercial real estate borrowers, investors and lenders will look for stable interest rates — either a cessation of rate hikes, or, at the very least, a clear ceiling.
Mass. Appeals Court Holds That Email to Landlord Constituted 'Effective Notice' to Prevent Automatic Lease Renewal
July 01, 2023
Despite a provision in a commercial lease that prohibited electronic notice, the Massachusetts Appeals Court sided with a tenant in holding that an email to its landlord constituted effective notice to opt out of an automatic five-year lease extension.
The Fed Worries About Bank CRE Loans for a Good Reason
July 01, 2023
The Federal Reserve and other regulators have been focused of late on bank problems, and well they should. But concern is now spreading to commercial real estate and the possibility that interplays between CRE borrowers and lenders could, under current conditions, create a positive feedback loop that could increasingly hurt both.
Landlord & Tenant Law
July 01, 2023
Tenant's Failure to Restore Premises At End of Lease Constitutes Breach Fraud Exception to Four-Year Lookback Period Inapplicable Guaranty Clause Did Not Bind Tenant's Principal
CRE Has Survived Crises In the Past and It Will Overcome This One Too
July 01, 2023
Since the 1980s, the country has been through numerous recessions and real estate crashes. Whenever these downturns or crashes occur, the distressed side of the industry, which is usually dormant until the crash occurs, rises to the challenge and mobilizes its resources to acquire, renovate, release, and sell these foreclosed and vacant properties.
Landlord & Tenant Law
June 01, 2023
Local Law Prohibiting No-Cause Evictions Pre-Empted By State Law Contractual Indemnification Unenforceable Indemnification Clause Enforced Good Faith Efforts to Cure Extend Cure Period for Yellowstone Injunction
Third Circuit: Pre-Bankruptcy Commercial Lease Termination Not Fraudulent Transfer
June 01, 2023
Is an insolvent debtor's pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.
Municipality's Refusal to Permit Expansion of a Pre-Existing Nonconforming Use Doesn't Violate Constitution
June 01, 2023
Can a municipality's refusal to permit expansion of a pre-existing nonconforming use constitute a federal constitutional violation? The federal district court for the Eastern District of New York faced that question and awarded summary judgment to the municipality, rejecting the landowner's substantive due process and takings claims.
5 Most Commonly Required Guaranties In Commercial Real Estate Loans
June 01, 2023
In general, commercial real estate loans are non-recourse in nature and the lenders ultimately look to their collateral for the satisfaction of the borrowers' obligations if the loan goes into default. However, lenders typically require guaranties from individuals or entities, making the guarantors personally liable for certain obligations.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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