Will That Restriction Hold Up?
February 28, 2015
Given their critical nature to both parties, use clauses, exclusives and prohibited uses are among the most heavily negotiated provisions of any retail lease. As a result, the final draft may contain a number of compromises and vagaries that are understood only by the original parties involved.
In the Spotlight: Credit Tenant Lease Financing
February 28, 2015
While credit tenant loans represent a relatively small scope of overall financing transactions, they are a noteworthy addition to the finance realm due to their creative structures and strong performance. As various financial sources predict that the commercial real estate finance sector is expected to continue on its upward swing, there is a sense that a wider breath of financing structures will be attractive to lenders.
Rent Acceleration Clauses in New York
February 28, 2015
When is a rent acceleration clause in a commercial lease enforceable? The Court of Appeals recently addressed that question and gave an answer that is unlikely to be helpful to anyone but litigators: The court, however, provided little guidance about when a rent acceleration clause would constitute a penalty.
Leasing Strategies for the Semiconductor Industry
February 28, 2015
To begin, the semiconductor industry is, of course, enormous. The World Semiconductor Trade Statistics (WSTS) released its end-of-year market indicators, showing a solid growth of 9% to over US $333 billion in sales for 2014 over 2013, driven mainly by double-digit growth in the memory products category.
Cramdown Interest Rates in Chapter 11
February 28, 2015
Recently, the United States Bankruptcy Court for the Southern District of New York held, among other things, that debtors could cram down their plan of reorganization on their secured lenders under section 1129(b)(2)(A)(i) of the Bankruptcy Code by providing them with replacement notes paying a below-market interest rate using a formula approach to calculate the applicable interest rate. This article analysis this decision.
Representations and Warranties by Landlords In Lease Agreements
January 31, 2015
When negotiating a Lease for a commercial real property, a tenant may request that the landlord make numerous representations. Accordingly, it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords, tenants and their counsel in the preparation and negotiation of those provisions.
Franchising in Russia
January 31, 2015
While international franchising always brings a host of issues and complications, importation of franchise concepts into Russia highlights some critical issues and some lessons for international franchising in a broader context.
