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We found 2,419 results for "Commercial Leasing Law & Strategy"...

'Customary Operations' or a Vacant Building?
June 02, 2015
Many times, courts are faced with the question of whether a loss location is "vacant" under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered "customary operations," thereby rendering the property "vacant."
'Operating Interests,' 'Working Interests,' 'Production Payments' and 'Overriding' Royalty Interests
June 02, 2015
The recent decline in oil prices and the historically low and stagnant natural gas prices are causing various parties in the oil and gas industries to seek bankruptcy protection. As a result, bankruptcy judges must apply specialized Bankruptcy Code provisions and varying other applicable non-bankruptcy laws to determine the rights of debtor and non-debtor parties to such agreements as those providing Overriding Royalty Interests (ORRI) and Net Operating Interests (NOI).
Co-op Sale Contracts: Allocating the Risk of Potential Co-op Board Interference
June 02, 2015
When may a coop buyer escape from a sale contract based on erroneous statements made by the coop board that would, if accurate, interfere with the buyer's right to occupy space associated with the coop shares the buyer has contracted to purchase? The First Department recently faced that issue.
<b><i>In the Spotlight:</i></b> How to Break a Commercial Lease
June 02, 2015
The article contains a basic checklist from both the Tenant's and Landlord's viewpoint on how to break a commercial lease.
Rent Acceleration Clauses in New York
June 02, 2015
When is a rent acceleration clause in a commercial lease enforceable? New York's Court of Appeals gave an answer that is unlikely to be helpful to anyone but litigators: A rent acceleration clause is enforceable unless it constitutes a penalty. The court, however, provided little guidance about when a rent acceleration clause would constitute a penalty.
Cooperatives & Condominiums
May 02, 2015
Discussion of two recent rulings involving condominiums.
The 'Representations, Warranties and Covenants' Triumverate
May 02, 2015
Many retail leases contain provisions in which a party to the lease "represents, warrants and covenants" to some proposition. These three terms are often used together, as if the drafter were hoping to cover all bases by the belts-and-suspenders approach. It is quite possible, however, that many attorneys are not sure what bases they actually need to cover, so they throw in all the words just in case.
Is Your TIC Client a Candidate for Conversion to DST?
May 02, 2015
Tenancy in Common (TIC) arrangements are reaching maturity. This article explains the reasons converting to a DST may facilitate a refinancing, and discusses factors to keep in mind when considering the conversion of a TIC to a DST, most notably certain leasing limitations.
Real Property Law
May 02, 2015
Discussion and analysis of several important decisioins.
In the Marketplace
May 02, 2015
Who's going where; who's doing what.

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