The Co-Tenancy Clause
August 02, 2014
After <i>Kleban v. Ann Taylor</i>, when a mall or shopping center landlord is marketing space and offers a potential retail tenant a co-tenancy provision, the most applicable legal maxim is <i>caveat venditor</i>, let the seller beware. Landlords can suffer great unintended consequences from a co-tenancy clause that is negotiated as an accommodation to get a tenant into the space and then explodes years later.
Commercial Alternative Lending
August 02, 2014
An impressive amount of attention and money have been foisted upon the relatively nascent alternative finance market. Is it good or bad?
The Scope and Limits of Article 9
August 02, 2014
A discussion of the three major categories of personal property liens excluded from Article 9, in whole or in part.
In the Spotlight: Use It or Lose It!
August 02, 2014
Can a landlord who fails to collect rental payment increases recover the unpaid amounts years after such amounts should have been due, or even after the expiration of the lease, despite the fact that the landlord failed to seek such payments throughout the term of the lease?
The Enforceability of Make-Whole Premiums in Bankruptcy
August 02, 2014
The treatment of prepayment premiums in bankruptcy has gained substantial attention in several recent bankruptcy cases. But in a situation where the borrower has the funds to repay the loan, there is frequently a dispute between lenders and unsecured creditors or equityholders who are looking at less than a full recovery on their claims.
How a Lessor of Cows Can Ensure a 'True Lease'
August 02, 2014
Most lawyers in the equipment financing business in urban areas have never handled a deal involving animals, such as livestock. So this article is dedicated to those equipment leasing specialists ' and their attorneys ' who represent dairy producers, ranchers, or those who plan to retire to a farm or dude ranch.
Peer-to-Peer Networks
August 02, 2014
Peer-to-peer e-commerce platforms seem to be popping up almost daily, touching nearly every vertical ripe for disruption, or at least providing just a little grease for the wheel.
Peer-to-Peer Networks
July 02, 2014
Peer-to-peer e-commerce platforms seem to be popping up almost daily, touching nearly every vertical ripe for disruption, or at least providing just a little grease for the wheel. So what does that have to do with commercial leasing?
The Anti-Assignment Override Provisions
July 02, 2014
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
