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Commercial Leases Insolvency

Latham & Watkins LLP

Release Me From My Bands Or Else My Project Fails Third Party Releases in Schemes

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Third-Party Releases are common in English law schemes of arrangement and restructuring plans, and US courts have so far indulged that approach in granting recognition. If Prospero’s plea to the audience at the...more

Winstead PC

The Silicon Valley Bank Failure: Implications on Commercial Leasing

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This past Friday, March 10, 2023, the Federal Deposit Insurance Corp. (FDIC) announced its takeover of the failed Silicon Valley Bank (“SVB”) after a run on the bank late last week caused the largest-scale U.S. bank failure...more

Foley & Lardner LLP

Ripple Effect of Recent Bank Insolvencies on Real Estate

Foley & Lardner LLP on

The closure of Silicon Valley Bank (SVB) and Signature Bank, and the subsequent receivership by the Federal Deposit Insurance Corporation (FDIC), has far-reaching effects, including to commercial real estate transactions in...more

Katten Muchin Rosenman LLP

Commercial Landlords v. Tenants: Let Battle Recommence

Key Points - - An arbitration scheme for commercial landlords and tenants was introduced during March 2022 under the Commercial Rent (Coronavirus) Act 2022 with the aim of resolving disputes over outstanding rent arrears...more

Hogan Lovells

Significant developments in the UK's insolvency regime: a creditor's perspective

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In this article we look at current trends and developments at the intersection between insolvency and dispute resolution, including a rundown of some of the latest legislative changes, and issues to consider when litigating...more

BCLP

Briefcase: Quarterly Real Estate Update - Cases and News - September 2021

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Briefcase: Quarterly Real Estate Update - Cases and News including: ..The Royal Parks Limited and the Secretary of State for Digital, Culture, Media and Sport v Bluebird Boats Limited ..Monsolar IQ Ltd v Woden Park...more

Hogan Lovells

Winding up restrictions not quite wound up

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The UK Government yesterday announced that it will proceed with the phasing out of temporary measures introduced to protect businesses from creditor action during the COVID-19 pandemic, whilst also announcing new measures to...more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - July 2021

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Briefcase: Quarterly update on key real estate cases including: Pandemic Clause Included in Business Lease Renewal - ..A shopping centre lease renewal decision contains useful guidance on how the court will assess...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24A - Further Blow to the Landlords? The Virgin Active Case and the New Restructuring Plan...

It’s not news that the COVID-19 pandemic has exacerbated losses in sectors that are reliant on footfall − namely, the retail and leisure industry. Prior to the pandemic, the general weakness in the “bricks and mortar” retail...more

Hogan Lovells

Hotel contracts - Deferred or suspended rent due to Corona

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Does the owner bear the risk in case of bankruptcy? Due to the tense situation in the hotel industry, various lessees are currently approaching their lessors asking for deferral or abatement of rent payments for the...more

Blake, Cassels & Graydon LLP

Un débiteur en vertu de la LACC doit payer le loyer post-dépôt pour l’« utilisation » des lieux loués

Depuis le début de la pandémie de COVID-19, les sociétés insolvables ont sollicité l’intervention des tribunaux relativement au paiement du loyer pendant les périodes de confinement. Dans la plus récente décision portant sur...more

Blake, Cassels & Graydon LLP

CCAA Debtor Must Pay Post-Filing Rent for the “Use” of Leased Premises

Since the beginning of the COVID-19 pandemic, insolvent companies have sought court intervention relating to the payment of rent during lockdown periods. In the most recent decision on this issue, the Quebec Superior Court...more

BCLP

BCLP Retail Insight: The Week That Was, Vol 10

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This week, the BCLP Retail team look at the impact of the four week lockdown for England and extension of furlough, review the scale of shop closures and key findings in LDC’s latest retail market analysis report, and discuss...more

White & Case LLP

Extraordinary Moratorium and Other Measures in the Czech Republic

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Analysts expect that GDP will plummet as a consequence of the restrictions on economic activities imposed as a consequence of the COVID-19 pandemic, and that the global economy, and with it the Czech economy, will slow down...more

White & Case LLP

Czech Responses to COVID-19

White & Case LLP on

The goal of the Prague COVID-19 Task Force is to regularly update our clients on actual and prospective developments in their markets consequent on the pandemic, primarily from a Czech perspective but also across the region. ...more

BCLP

German law to mitigate the consequences of the Covid-19 pandemic

BCLP on

Against the background of the current impact of the COVID-19 pandemic, a law to mitigate the consequences of civil, insolvency and criminal proceedings law has been enacted by the German legislator on 27 March 2020. As of 1...more

K&L Gates LLP

COVID-19: (Australia) How Poor PPSA Hygiene can Risk Landlord Exposure in Corporate Tenant Insolvencies

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The 'Emperor Landlord's new clothes': How poor PPSA registration hygiene can risk even further landlord exposure in corporate tenant insolvencies - *This information is accurate as of 10.00 Monday 30 March 2020 and is...more

Goodwin

COVID-19: German Government Issues Draft Bill Suspending Tenants' Obligation to Pay Rent and Borrowers' Obligation to Repay Loans

Goodwin on

As countries around the world implement procedures to inhibit the spread of the COVID-19 coronavirus, many changes are obviously having increasingly adverse effects on the economy. With borders closed and free movement...more

Pillsbury Winthrop Shaw Pittman LLP

Establishing and Managing a Business in the UK 2019

Establishing and Managing a Business in the UK”, authored by the attorneys of Pillsbury’s London office, is a concise and practical guide for foreign investors in the UK. The guide covers key concerns and topics such as...more

BCLP

From Across the Pond: The BHS Saga Continues – Can a Company Voluntary Arrangement (CVA) Ever Permanently Vary the Terms of a...

BCLP on

In Wright (and another) (as joint liquidators of SHB Realisations Ltd (formerly BHS Ltd) (in liquidation)) v Prudential Assurance Company Ltd, the court held that, when the BHS CVA terminated, the landlord was entitled to...more

Katten Muchin Rosenman LLP

Sears Canada Files for CCAA Protection: A Distressed Investor's Overview of US Bankruptcy and Canadian Insolvency Law

On June 22, Sears Canada Inc. ("Sears Canada") and certain affiliates1 (collectively, the "Sears Canada Group") sought and obtained insolvency protection under the Companies' Creditors Arrangement Act (CCAA) from the Ontario...more

Buchalter

Tech Industry Bulletin

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In this Issue: - Corporate: Negotiating Strategies for the Sale of Technology Companies - Intellectual Property: Crowdfunding and Confidentiality for Tech Start-Ups - Real Estate: An Introduction to...more

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