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Common attornment provision held ineffective after master lease and sublease rejected in bankruptcy by debtor-sublandlord

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • October 4 2011

In Green Tree Serv., LLC v. DBSI Landmark Towers LLC, a case that is significant for landlords and leasing attorneys, the Eighth Circuit recently held that a subtenant of commercial office space was permitted to vacate its leased premises after the rejection of the master lease and sublease by the debtor-sublandlord, notwithstanding an attornment provision in the sublease requiring the subtenant to attorn to the landlord when the landlord either terminates the master lease or otherwise succeeds to the interest of the sublandlord under the master lease