News & Analysis as of

Lessor Debtors

Blank Rome LLP

Predominant Purpose: What’s That?

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THE 2022 AMENDMENTS TO THE UNIFORM COMMERCIAL CODE (THE “2022 AMENDMENTS”) constitute a sweeping expansion and revision of the UCC. Among other things, the new rules greatly facilitate financing of chattel paper leases and...more

Blank Rome LLP

Leases - November 2022

Blank Rome LLP on

CASE LAW DEVELOPMENTS - This survey covers several 2021 cases involving disputes among parties to equipment leases or other personal property financings and cases involving third parties claiming to have related rights or...more

Moritt Hock & Hamroff LLP

Equipment Lessor's Damages Calculation Ruled Unenforceable

In a related update, we called attention to risks and pitfalls to lenders and lessors when seeking prepayment premiums and other charges upon the occurrence of an event of default: Lenders Beware: Acceleration May Defeat...more

King & Spalding

New York Bankruptcy Court Finds That Aircraft Leases' Liquidated Damages Clauses and Guarantees Are Unenforceable

King & Spalding on

On February 14, 2019, Judge Lane of the Bankruptcy Court for the SDNY issued an opinion in Republic Airways Holdings Inc. addressing whether the liquidated damages provisions in certain aircraft “true leases” under Article 2A...more

Patterson Belknap Webb & Tyler LLP

“Free and Clear” Means You’re out of Here?

Section 365(h) of the Bankruptcy Code provides considerable protection to a tenant in the event of a bankruptcy filing by its landlord. Despite rejection of its lease, the tenant can elect to retain its rights, including the...more

Holland & Knight LLP

Are Lessors Responsible for Interference With Lessee Quiet Enjoyment Rights?

Holland & Knight LLP on

In the course of an aircraft lease negotiation, the lessee will typically seek to ensure that the lessor provides an express covenant to the lessee that for so long as no default has occurred and is continuing under the...more

Cole Schotz

Tidewater Inc. Settles Its Remaining Charter Agreement Rejection Damage Claim After Judge Shannon Found Stipulated Loss Value...

Cole Schotz on

On November 28, 2017, Tidewater Inc. and its affiliated debtors (collectively, the “Tidewater Debtors”) withdrew their motion objecting to final allowance of rejection damage claims of Fifth Third Equipment Finance Company...more

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