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May 25, 2010

Part One of this article discussed how the economy has impacted the flexibility and control of REAs, nontraditional occupants, consolidation and conveyance of improvements. Part Two described operating covenants and monetization of real estate. The conclusion herein focuses on parking, site plan and use restrictions.

In the Spotlight: A Practical Guide to Negotiating Data Center Leases

May 25, 2010

Leases of real property are rarely good candidates for a one-size-fits-all approach. Avoiding this is especially critical when attorneys are preparing or reviewing leases of real property that will include space that will be used as a data center.

Using Ground Leases in a Difficult Economy

May 25, 2010

Particularly given the dramatic shifts in the real estate market in recent years, and the unpredictability of interest rates, inflation, taxes and other economic factors going forward, greater attention is being focused on ground leases. Here's why.

Secured Lenders Do Not Have an Absolute Right to Credit Bid at Bankruptcy Plan Sales

May 25, 2010

In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.

Landlord & Tenant

April 29, 2010

The latest rulings of interest.

Adult Uses: Adequate Alternative Sites

April 29, 2010

When municipalities enact zoning ordinances that restrict the location of adult uses, they must take care to assure that adequate alternative sites remain available.

The Leasing Hotline

April 28, 2010

Recent rulings of importance.

Tax Issues for Real Estate Leasing by Tax-Exempt Organizations

April 28, 2010

This article, the last in a four-part series, examines the issues involved when a tax-exempt organization carries or incurs debt with respect to real estate from, or to which, it receives income unrelated to its exempt purposes.

In the Spotlight: Landlords and Tenants Mediate Conflicts

April 28, 2010

Whether or not tenants have protective lease provisions, conflicts frequently arise with landlords facing economic stresses, and more often arise with the successor landlord, foreclosure purchaser. These conflicts threaten ' and often result in ' litigation.

Reevaluating REAs

April 28, 2010

Part one of this three-part article discussed how the economy has impacted the flexibility and control of REAs. Part Two herein focuses on operating covenants and monetization of real estate.

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