A Practical Guide to Software Leasing
September 01, 2003
Although the demand for software financing and leasing continues to grow at a tremendous rate, software financing and leasing remains one of the most challenging and least understood areas of leasing. The focus of this article is on the financing and leasing of 100% software, although there is some discussion of mixed leases of equipment and software. The goal is to provide lessors with a practical guide to the issues arising in a typical software financing or leasing transaction. The emphasis is on direct leases between a lessor and a lessee, as opposed to a vendor finance arrangement where the software licensor is also a party.
Plan Ahead: Third Circuit Denies Tax Exemption for Asset Sales Made Before Chapter 11 Plan
September 01, 2003
It has been often said that Chapter 11 of the Bankruptcy Code can be summarized as the "Three Rs," precisely "reorganize, restructure, and rehabilitate." In practicality, this includes steps such as "reducing headcount," (firing people, without the euphemism), streamlining operations, reordering debt, and so on. One of the most critical components of such lifesaving steps is the divestiture of assets, in plain English, selling off assets that are either unprofitable and unwanted burdens or those items that can fetch high prices that can add quickly to the cash reserves of a troubled company.
The Leasing Hotline
September 01, 2003
Highlights of the latest commercial leasing cases from around the country.
Out of Bounds: Radius Restrictions in Shopping Center Leases
September 01, 2003
A common restrictive covenant in shopping center leases is the so-called "radius restriction," a lease provision that prohibits a tenant from opening a competing establishment within a proscribed distance from the present location. Typically, a radius restriction goes hand in hand with a percentage rent provision, which allows the landlord to participate in the tenant's gross sales after a certain threshold or "break point" is achieved.
Strategies for Securing Against Tenant Defaults
September 01, 2003
Part One of a Two-Part Series. This two-part article describes some of the strategies that a landlord might utilize to protect itself from the impact of a tenant default or bankruptcy as it structures leasing transactions. The realization that landlords have become more security conscious will cause tenants to prepare themselves better to structure a deal that will accommodate the landlord's needs with the least possible burden.<p><i>Part One of a Two-Part Series</i>
In the Spotlight: Subtenants Should Arrange for Parking Spaces
September 01, 2003
Subtenants that sublease space in buildings where parking is made available by the prime landlord for an additional charge should make the proper arrangements with the prime landlord prior to the execution of the sublease in order to ensure that such parking is available as of the commencement of the sublease and will remain available during the term of the sublease.
Federalizing Real Estate Transactions
August 27, 2003
Most real estate transactions are governed by state law and local custom, not federal law. But a massive federal law enacted shortly after the 9/11 terrorist attacks raises the specter that the federal government may intrude into commercial real estate transactions in ways heretofore thought unimaginable. Known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism ('USA Patriot Act'), the legislation has led the federal government to propose rules designed to combat money laundering and terrorist financing in these types of transactions.
