Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Matters that Require Careful Consideration When Structuring the Continuing Co-Tenancy

By D. Albert Daspin and James H. Marshall
August 18, 2003

Parts One and Two of this article described what a co-tenancy provision is and discussed the issues involved, for both the landlord and tenant, when drafting one. The conclusion will address the continuing co-tenancy.

The Continuing Co-Tenancy

The principal difference between the continuing co-tenancy and the opening co-tenancy is the period of time addressed by each. The opening co-tenancy clause is triggered when the opening co-tenancy conditions have not occurred on or before the date the tenant's rental obligations commence. The continuing co-tenancy clause, on the other hand, provides the tenant relief if one or more of the continuing co-tenants or a certain portion of the project goes dark after the tenant opens. Otherwise, the structure of the two clauses is substantially similar. The continuing co-tenants are either named or are to occupy a certain portion of the floor area at the project (floor area is the typical yardstick), and the tenant would be permitted to exercise similar remedies upon the occurrence of the continuing co-tenancy event, including terminating the lease after the expiration of a cure period. As a result of the timing differences between the two co-tenancies, two additional matters should be considered and warrant careful consideration in structuring the continuing co-tenancy.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

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.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

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.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.