ELFA Schedule
February 29, 2016
The Equipment Leasing and Finance Association has released its 2016 calendar of events.
Marijuana and Bankruptcy? Not Really
February 29, 2016
Like many others, parties engaged in or deriving income from the legal commercialization of medical marijuana, either directly or through another party are not immune to financial distress, and sometimes, seeking bankruptcy relief may be strategic or necessary. Unfortunately, Marijuana-Related Parties have found elusive the protections and benefits under the Bankruptcy Code.
<b><i>In the Spotlight:</i></b> How to Protect Against a Lawsuit By the Beneficiary of an Exclusive
February 29, 2016
One of the most surprising things about the case that Winn-Dixie brought against three national dollar store retailers for alleged violations of Winn-Dixie's exclusive use provisions in more than 100 shopping centers is that Winn-Dixie elected to pursue remedies against the dollar stores rather than the landlords that granted Winn-Dixie an exclusive-use provision with respect to the sale of certain grocery items.
Financing Statement Filed Without Debtors' Authorization
February 29, 2016
Under the Uniform Commercial Code (UCC), a secured party can perfect its lien on certain of a debtor's assets by the filing of a UCC-1 financing statement. However, Section 9-509 of the UCC provides that a party may file such a financing statement only if the debtor authorizes the filing: either expressly in an authenticated record or, more commonly, by executing a security agreement.
$596 Million Stock Offering For Burger King Parent
February 29, 2016
Greenberg Traurig corporate and securities shareholders Kara MacCullough and Flora Perez barely slept for eight days. That's the time they had to complete a secondary public offering for their client Restaurant Brands International, or RBI, parent of Miami-based Burger King and Oakville, Ontario-based coffee, doughnuts and sandwich chain Tim Hortons.
Structured Dismissals and Application of Non-Estate Proceeds
February 29, 2016
One of the more significant changes to Chapter 11 practice has been the use of section 363 to sell the assets of a debtor, prior to confirmation of a plan, as a means to restructure and maximize value. This transactional use of the Bankruptcy Code has, by necessity, changed how cases are administered.
How California's Title 24 Can Impact Leases
January 31, 2016
The most significant effects that California Code of Regulations Title 24 has on a lease relates to which party will bear the cost of the upgrades required to make the space compliant with the legislation. Here's what you need to know.
<b><i>In the Spotlight:</i></b> Relocation Clauses
January 31, 2016
Many landlords are faced with a dilemma when signing a deal with a small tenant. What if a larger tenant wants to lease a large block of space and a smaller tenant is already leasing some of the space that the larger tenant needs? To cover this situation, many landlords require a relocation provision to be inserted into the leases it enters into with small tenants.
