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Assignments › Commercial Tenants

An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to... more +
An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to a contract transfers his/her rights or benefits under the contract to a third party. In a real estate assignment, an interest holder transfers his/her interest in a particular parcel to another party. less -
Goodwin

Top 10 Questions For Landlords to Ask When a Tenant Files for Bankruptcy

Goodwin on

As uncertain economic times continue, particularly in the retail sector, commercial tenant bankruptcies are on the rise. Goodwin’s Financial Restructuring group presents 10 questions (and related practice points) for...more

Miller Canfield

Michigan Adopts Its Version of the Uniform Assignment of Rents Act

Miller Canfield on

In May 2017, we highlighted the Sixth Circuit’s opinion in Town Center Flats. Briefly, Town Center Flats held that ownership of a commercial property’s rents transferred to a lender when (1) a commercial loan is secured by a...more

Farella Braun + Martel LLP

Treatment of Commercial Leases in Tenant Bankruptcy – The Basics

Farella Braun + Martel LLP on

As the COVID-19 pandemic continues to wreak havoc with the nation’s economy, we have started to see bankruptcy filings by well-known companies such as GNC, J. Crew, Neiman Marcus, Modell’s, 24 Hour Fitness, Gold’s Gym, and...more

Kramer Levin Naftalis & Frankel LLP

District Court Bars Assignment by Sears, Provision in Lease Cannot Supersede §365(b)(3)(A)

Kramer Levin Naftalis & Frankel LLP on

In an opinion dated Feb. 27, 2020, Judge Colleen McMahon of the United States District Court for the Southern District of New York reversed the decision of the bankruptcy court that had granted Sears the right to assign its...more

Jaburg Wilk

What Happens to the Other Tenants when the Anchor Tenant Leaves the Mall?

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When a commercial tenant leases space in a shopping center or mall, a primary consideration for the tenant is the expected benefit to their business of the foot traffic from the customers that will be attracted to the other...more

Greenberg Glusker LLP

What Commercial Landlords and Tenants Should Know About Tenant Bankruptcies Amid Restricted Evictions

Greenberg Glusker LLP on

Recent COVID-19-related orders from state and local authorities which restrict evictions raise important questions for commercial landlords and tenants. The relationship of these orders to a subsequent tenant bankruptcy is...more

Lowenstein Sandler LLP

Sears (MOAC v. Transform): Landlord May Rest (Adequately) Assured of ‘Similar’ Financial Condition and Operating Performance, But...

Lowenstein Sandler LLP on

A recent decision from the United States District Court for the Southern District of New York (the District Court) in the bankruptcy cases of Sears Holdings Corp. may loom large in a day and age when shopping mall operators...more

Nossaman LLP

Commercial Tenants Can Assign Right to Just Compensation

Nossaman LLP on

In an eminent domain proceeding, tenants of property subject to condemnation have constitutional rights to just compensation. However, those rights can be assigned to the landlord through a lease agreement. A recent...more

Patton Sullivan Brodehl LLP

Foreclosure Against a Commercial Landlord: Impact on Lease Rights

Patton Sullivan Brodehl LLP on

Foreclosure can often have tricky impacts on lease rights...  See Eviction After Foreclosure: California Supreme Court Weighs In and When a Lender Forecloses on a Leasehold Interest…. An opinion recently published by...more

Miller Starr Regalia

Got Privity? Understanding Privity Of Estate And Privity Of Contract In California Real Property Leases

Miller Starr Regalia on

Parties to real estate contracts often change over time, whether as the result of an assignment, financing, or otherwise. Relatedly, additional parties (beyond those named in the underlying contract) may claim a property...more

Miles & Stockbridge P.C.

License vs. Lease: Legal Concerns of Co-Working Spaces

Miles & Stockbridge P.C. on

Co-working space offers the amenities of a large sophisticated office to companies of varying size without the hassle of dealing with buying furniture, securing utility hookups, or buying coffee. The upside to spaces...more

Hogan Lovells

EMI and Frankenstein: Not dead yet

Hogan Lovells on

Last year, we blogged here on the case of EMI Group Limited v O&H Q1 Limited. EMI was a case in which an assignment of a lease was rendered void, as it offended the provisions of the Landlord and Tenant (Covenants) Act 1995...more

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