Commercial Lease Diligence
This article reviews the recommended due diligence efforts of the purchaser's counsel with respect to leased commercial property, and elaborates on the pre- and post-closing rationales for completing such diligence review. The main focus of this article is the due diligence activities and rationale of counsel to a potential purchaser of all of the stock of a selling entity. Where relevant, it incorporates the alternate considerations that might arise in the context of an asset purchase or merger structure.
Alimony Reform in 2014: A Review
After almost three years of legislative debate over proposed versions of the law, alimony reform has now come to New Jersey. This article reviews the reform of the New Jersey Alimony Statute, and discusses how those changes compare with the reform of alimony laws in other states.
Time to Define InsiderTrading
The average person probably believes it is illegal for a corporate insider to purchase or sell stock based on confidential information or provide the information to an outside trader. However, a bombshell ruling by an influential federal appeals court could make such conduct perfectly legal.
Will That Restriction Hold Up?
Given their critical nature to both parties, use clauses, exclusives and prohibited uses are among the most heavily negotiated provisions of any retail lease. As a result, the final draft may contain a number of compromises and vagaries that are understood only by the original parties involved.
Cramdown Interest Rates in Chapter 11
Recently, the United States Bankruptcy Court for the Southern District of New York held, among other things, that debtors could cram down their plan of reorganization on their secured lenders under section 1129(b)(2)(A)(i) of the Bankruptcy Code by providing them with replacement notes paying a below-market interest rate using a formula approach to calculate the applicable interest rate. This article analysis this decision.
Trends in Enterprise Legal Management
In this roundtable conversation, Marcus Hartmann , General Counsel, RB (formerly known as Reckitt Benckiser) and Jason Parkman, CEO, Mitratech, discuss trends in enterprise legal management, the tools it provides users, and the increased controls brought to legal departments using this technology.
In the Spotlight: Credit Tenant Lease Financing
While credit tenant loans represent a relatively small scope of overall financing transactions, they are a noteworthy addition to the finance realm due to their creative structures and strong performance. As various financial sources predict that the commercial real estate finance sector is expected to continue on its upward swing, there is a sense that a wider breath of financing structures will be attractive to lenders.
