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Security Interests in Energy Conservation and Performance Leases and Loans
Section 30 of the Housing Act states that the Secretary of the U.S. Department of Housing and Urban Development (“HUD”) “may authorize a public housing agency to mortgage or otherwise grant a security interest in any public housing project or other property of the public housing agency,” which raises the question of how important a Section 30 approval should be to lenders participating in Energy Conservation Contract or Energy Performance Contract lending to Housing Authorities (“HA”).
The answer depends on the lessor's full understanding of what benefits a Section 30 approval provides them and their risk tolerance, as it relates to their security interest position in contract financing transactions.
This article examines whether a HUD Section 30 approval is necessary to perfect the lessor's security interest in property (the energy conservation project (“ECP”) equipment, the guaranty or related payments due from the ESCO and HUD subsidy funds) associated with the lease of an ECP lease, in addition to what other benefits might accrue to the lessor with this approval. Section 30 has never been interpreted in a reported court case, making any conclusions we reach on the impact tentative.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
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Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.