Challenges in Solar Equipment Finance
September 01, 2016
Growth in solar-generation capacity has not been evenly distributed across the country, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.
Downgraded: Industry Growth Forecast For 2016
August 01, 2016
The Equipment Leasing & Finance Foundation has released its Q3 update to the 2016 Equipment Leasing & Finance U.S. Economic Outlook, reducing the year's growth expectations to just 0.9%.
Personal Jurisdiction Roundup
August 01, 2016
The issue of whether a court has personal jurisdiction over a party in an entertainment industry lawsuit is determined, as in other types of litigation, on a state-by-state basis, subject to whether this jurisdiction meets due process. The case outcomes vary.
The Article 8 Opt In
August 01, 2016
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.
Standing the Test of 'Time Is of the Essence'
August 01, 2016
Real estate purchase and sale contracts have included the magic language, "Time is of the Essence" (TOE), seemingly since time immemorial. Practitioners should be mindful, however, of the meaning of TOE and the significance of its absence from a contract.
Case Notes
August 01, 2016
Cases involving a non-paying restaurant tenant and statutory theft.
Landlord's Claim Puts Letter of Credit Proceeds at Risk
August 01, 2016
A recent bankruptcy decision makes clear that it is risky for a landlord to file a proof of claim in a bankruptcy proceeding when the landlord has substantial security in the form of both a security deposit and letter of credit. Here's how this impacts commercial leasing.
Are Intercreditor Agreements Now Going According to Plan?
August 01, 2016
Intercreditor agreements are of greater importance given today's active secondary loan market, which clears a path for the debtor's original relationship lenders to sell their interests should a restructuring loom. Distressed debt purchasers, on the other hand, may have different objectives that make them less willing to join forces with longer-term holders.
