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Introduction - Over the last few months, we have witnessed a significant uptick in activity in relation to management agreement negotiations both in Australia and elsewhere. ...more
Restaurant leasing involves a host of issues not found in any other transaction. Landlord lease forms typically control all aspects of a tenant's operations, while tenants often want complete freedom to change their business...more
Funding is returning slowly for hotel properties, as many lenders have learned the hard way that hotels can be tricky collateral. Commercial mortgage brokers can expect these lenders to be more cautious when reviewing hotel...more
Non-profits, foundations and other tenants may find themselves leasing more space than they need. Buy-outs, termination agreements, assignments, subleases and constructive eviction may be potential solutions to dealing with...more
New restaurant owners can sometime be intimated by the legal process needed to build a new establishment. Here is a general outline of the legal steps required to build and launch a new restaurant....more
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) substantially revised 11 U.S.C. 365 to significantly limit a debtor's time to assume or reject nonresidential real estate leases. Prior to BAPCPA,...more
Originally published in the Colorado Real Estate Journal, July 20, 2011 - August 2, 2011. Franchising, a versatile business model, is not limited to fast-food restaurants. Colorado is home not only to familiar...more
Franchises (especially nationally recognized ones) can be valuable tenants for any project. However, when leasing to a franchisee, a landlord must recognize that these entities require special consideration. This article...more
Production-based tax exemptions have saved Pennsylvania businesses billions of dollars. These exemptions are known by various names, including "manufacturing," "processing," "printing," "mining," "R&D," "agriculture" and...more
On November 2, 2010, Georgia voters approved an amendment to the Constitution of Georgia authorizing new legislation that dramatically changes the State’s restrictive covenant law. As Georgia business owners are well aware,...more
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