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We found 2,436 results for "Commercial Leasing Law & Strategy"...

A Cure By Any Other Name
January 31, 2016
Section 1123 (a)(5)(G) of the Bankruptcy Code provides that, "[n]otwithstanding any otherwise applicable nonbankruptcy law, a plan shall ' provide adequate means for the plan's implementation, such as ' curing or waiving of any default." But what, exactly, does it mean to cure a default?
A Cure By Any Other Name
January 31, 2016
Section 1123 (a)(5)(G) of the Bankruptcy Code provides that, "[n]otwithstanding any otherwise applicable nonbankruptcy law, a plan shall ' provide adequate means for the plan's implementation, such as ' curing or waiving of any default." But what, exactly, does it mean to cure a default?
Measurement Standards in Commercial Leases and the Right to Remeasure
December 31, 2015
Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests sample lease language for both landlords and tenants.
What's New in the Law
December 31, 2015
True Lease Versus Security Interest
<b><i>In the Spotlight:</i></b> Restaurant Leasing
December 31, 2015
Restaurant lease agreements represent a highly unique subcategory in commercial leasing. This article highlights a variety of lease provisions that are particularly germane to restaurant tenants.
Chapter 11 Plans of Reorganization and Equipment Lessors
December 31, 2015
Filing Chapter 11 is a very expensive proposition these days. The filing fees, coupled with the astronomical attorneys' and special litigation counsels' fees, plus the accountants' fees, are just a few of the expenses for a debtor-in-possession ("DIP"). So what does this mean for us as equipment lessors?
New FASB/IASB Lease Accounting Rules to Be Issued Soon
December 31, 2015
The IASB and the FASB have completed decision-making meetings and the respective staffs are drafting the final rules, which will be signed and issued this month. The IASB and FASB will issue separate rules as they have chosen two different models for lessee accounting. They both have adopted the same lessor model with a few minor differences.
<b><i>In Re Revel AC, Inc.:</i></b> The Third Circuit's Roadmap Around Equitable Mootness
December 31, 2015
Recently, in <I>In re Revel AC, Inc.</I>, the Third Circuit provided guidance on "how to conduct a balancing of the stay factors." While the court's analysis in <I>Revel</I> was not a shocking revelation, it provides significant guidance on the most effective way to avoid losing appeal rights to the hard-to-pin-down doctrine of equitable mootness.
Leasing and Finance Industry Economic Outlook
December 31, 2015
The Equipment Leasing &amp; Finance Foundation's 2016 Equipment Leasing &amp; Finance U.S. Economic Outlook reports that investment in equipment and software is expected to grow by a modest 4.4% in 2016.
The Voluntary Payment Doctrine Strikes Again
December 31, 2015
The voluntary payment doctrine, which supposedly bars a party from recovering payments made erroneously but voluntarily, has reared its head once again in the real estate context, this time in <I>Drmak Realty, LLC v. Progressive Credit Union.</I>

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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • The Anti-Assignment Override Provisions
    UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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