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We found 2,407 results for "Commercial Leasing Law & Strategy"...

The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses
January 01, 2019
<b><i>Part One of a Two-Part Article</b></i><p>This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.
Case Notes
January 01, 2019
Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass<br>Resulting Trust Found Where Commercial Property Held in Just One Partner's Name
Landlord & Tenant
December 01, 2018
Video Surveillance an Adequate Substitute for Lobby Attendants<br>Yellowstone Injunction Unavailable When Tenant Could Not Establish Willingness to Cure<br>Landlord Prevails In Nonprimary Residence Proceeding
A Little Knowledge Goes a Long Way: A High-Level Overview of Liability Insurance Provisions in a Retail Lease Agreement
December 01, 2018
Despite their seemingly lackluster nature, well-drafted insurance provisions in a contract between a landlord and tenant can be extremely important when it comes to mitigating potential exposure and protecting a shopping center's assets.
Fifth Circuit Holds Asset Purchaser Unable to Acquire Rejected License Agreement
December 01, 2018
A license agreement "deemed rejected by operation of law" could not be acquired under a court-approved asset purchase agreement, held the U.S. Court of Appeals for the Fifth Circuit
Due Diligence in Distressed Community Hospitals
December 01, 2018
Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.
The Gold Rush of NJ Cannabis Leasing: Avoiding a Few Traps for the Unwary
December 01, 2018
In this ever-evolving space, where 30 states have permitted medical cannabis and nine states have permitted adult-use cannabis, there are many issues that come into play in a lease tailored to cannabis dispensing or grow facilities. This article sensitizes the reader to the notion that these types of leases are not “business as usual,” and that they have their own nuances.
Case Notes
December 01, 2018
Two Lawsuits, No Collateral Estoppel<br>No Meeting of the Minds in Forged Lease
'Shell Game' Gets Away From Commercial Lease Guarantor
November 01, 2018
In the real estate business, as in many others, the question of just who is contractually responsible when things go wrong is a recurring one, particularly when a closely-held corporation or other business entity is involved.
Early Termination Provisions: A Landlord's Saving Grace … If Done Right
November 01, 2018
The focus of this article is the “early termination provision,” a lease provision that affords landlords the tactical advantage they need. Specifically, this article seeks to: 1) guide the practitioner through the pitfalls of a poorly drafted termination provision; and 2) advise the practitioner how to craft a proper and effective termination provision.

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    Over a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.
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