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Results: 1-10 of 110

Reaffirmations: a guaranteed good idea

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 10 2014

When landlords negotiate amendments or extensions of leases with existing tenants, it can be easy to overlook a very simple but important part of the

Financing contingencies and earnest money deposits: if I can't get my loan, I get my deposit back, right?

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 22 2012

Real estate purchasers whose contract permits the return of the earnest money deposit if financing cannot be obtained must be extremely careful in how this contingency is worded in the purchase contract, or a purchaser may get an unwelcome surprise, and be forced to forfeit the earnest money when financing cannot be obtained

Secured lender took sufficient affirmative action to effect the assignment of rents

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 19 2011

The debtor executed a mortgage and assignment of rents in favor of the lender

Use clauses in leases can be unenforceable as being anti-competitive

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • June 18 2014

In the first case subjecting a permitted user clause in a lease to scrutiny under the Competition Act, a landlord local authority seeking to impose

Landlord's liability to pay rates following disclaimer

  • Reed Smith LLP
  • -
  • Canada, United Kingdom
  • -
  • July 21 2014

We have just had a reminder that a landlord's obligation to pay rates can arise when it has the legal right to take possession even though it is

New lawsuit may derail fiber-optics installations in Western PA

  • Reed Smith LLP
  • -
  • USA
  • -
  • July 30 2012

A class-action complaint, filed this July in the U.S. District Court for the Western District of Pennsylvania, seeks millions of dollars in damages from four telecom companies, alleging a deliberate failure to obtain the permission of hundreds of Beaver County property owners before burying fiber-optic cables on their lands

A road to nowhere? Future of the Private Road Act still in limbo following Commonwealth Court decision

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 3 2011

The Private Road Act, found at 53 P.S. 2731-2891, permits the owner of a landlocked parcel of real estate to petition the local Court of Common Pleas for the appointment of a board of viewers to determine whether that parcel is indeed landlocked and, if so, establish a right-of-way through the private land of neighboring landowners which inflicts the least burden on those landowners

Subtenant retains possessory rights under section 365(h) despite explicit free and clear section 363(f) sale

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 12 2013

At a "free and clear" asset sale, a buyer obtained a lease of real property that the bankruptcy court held was not free and clear of interests after

Court grants parent companies standing to sue lender as third-party beneficiaries of loan commitment agreements

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 15 2011

A real estate lender agreed to finance three existing projects by lending money to three separate Single-Asset Bankruptcy Remote Entities (SABREs), owned by certain real estate investments trusts, and to finance $160 million in future ventures of the trusts, with further SABREs to be created as each deal came to fruition

Low-income housing tax credits must be included in valuing section 506(a) collateral

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 15 2012

In a case of first impression, the Sixth Circuit BAP held that, for purposes of valuing collateral under section 506(a) of the Bankruptcy Code, the availability of Low-Income Housing Tax Credits must be considered in valuing a creditor’s secured claim