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  • THE ESSENTIAL GUIDE TO THE MOST IMPORTANT CLAUSE IN A . . .
    THE DEFAULT CLAUSE § 39 0 39-3 [39 0] I INTRODUCTION Commercial leases require an effective default clause that allows the landlord to force a tenant to comply with all lease obligations The default clause commonly provides the procedure for obtaining an eviction or the threat of an eviction for a commercial tenant’s violation of the lease In
  • 9. 2 Lease Classification | DART – Deloitte Accounting . . .
    55-6 A provision in a lease that ownership of the underlying asset is not transferred to the lessee if the lessee elects not to pay the specified fee (whether nominal or otherwise) to complete the transfer is an option to purchase the underlying asset Such a provision does not satisfy the transfer-of-ownership criterion in paragraph 842-10-25
  • Allowing Flexibility While Retaining Some Control . . .
    One mechanism to do this (short of default), is by assignment or other transfer of the lease As a result, tenants attempt to negotiate broad transfer rights into their leases On the other hand, many retail landlords want the ability to tightly control the types of operators, uses, quality of merchandisers and mix of goods that occupy their
  • Lease Myth Busting: Going into default on a lease shifts the . . .
    In addition “cross default” provisions create additional risks of default the implications of which are not commonly appreciated This topic often comes up during an end of lease negotiation of an “open-ended” lease (Fair Market Value operating) At the end of lease the clock works against the lessee
  • Default: Default Dilemmas: Lessee Rights and Remedies
    Understanding Lease Terms: Lessees should be familiar with the key components of their lease, such as the length of the lease term, the amount of rent and its due date, and the conditions under which the lease can be terminated 2 Default Clauses: It's crucial to understand what constitutes a default under the lease This could include late
  • Assigning Facility Leases Without Triggering Defaults
    Landlord consent is not merely a formality; it must be explicitly obtained according to the lease provisions to avoid triggering defaults This process often involves careful landlord negotiations and may require formal lease modifications Key considerations include: Reviewing lease clauses governing assignment and conditions for consent
  • Negotiating Transfer Provisions in Commercial Leases
    Specifically, express lease provisions that condition, restrict or even prohibit a tenant’s right to assign the lease or sublet the premises are generally enforceable Accordingly, when drafting or negotiating transfer provisions in a lease, it is crucial to expressly identify the circumstances and conditions under which the tenant may assign





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