In the Spotlight: Use It or Lose It!
Can a landlord who fails to collect rental payment increases recover the unpaid amounts years after such amounts should have been due, or even after the expiration of the lease, despite the fact that the landlord failed to seek such payments throughout the term of the lease?
The Enforceability of Make-Whole Premiums in Bankruptcy
The treatment of prepayment premiums in bankruptcy has gained substantial attention in several recent bankruptcy cases. But in a situation where the borrower has the funds to repay the loan, there is frequently a dispute between lenders and unsecured creditors or equityholders who are looking at less than a full recovery on their claims.
How a Lessor of Cows Can Ensure a 'True Lease'
Most lawyers in the equipment financing business in urban areas have never handled a deal involving animals, such as livestock. So this article is dedicated to those equipment leasing specialists ' and their attorneys ' who represent dairy producers, ranchers, or those who plan to retire to a farm or dude ranch.
Peer-to-Peer Networks
Peer-to-peer e-commerce platforms seem to be popping up almost daily, touching nearly every vertical ripe for disruption, or at least providing just a little grease for the wheel.
Peer-to-Peer Networks
Peer-to-peer e-commerce platforms seem to be popping up almost daily, touching nearly every vertical ripe for disruption, or at least providing just a little grease for the wheel. So what does that have to do with commercial leasing?
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?
Planning a Merger? Avoid Pitfalls through Proper Due Diligence
After reaching an all-time high in 2013, the pace of U.S. law firm mergers and acquisitions is showing no signs of slowing down. With all of these deals in the news of late, you may be considering whether a merger or acquisition might be an appropriate growth strategy for your firm.
Exhibits: Details and Timing
The first part of this article discussed the purpose of, need for and some of the items included in, the exhibits to a lease. The conclusion herein addresses finalizing the lease and the exhibits.
Dealing with Stub Rent After <i>In re Oreck</i>
A bankruptcy judge recently held that lessors of a debtor's corporate headquarters were not entitled to administrative expense priority under 11 U.S.C. ' 365(d)(3) for 25 days of unpaid "stub rent" for the period between the Chapter 11 petition and the first postpetition rent payment.
