SNDA Agreements for Commercial Tenants: What Actually Happens If the Lender Forecloses?
From a tenant’s perspective, this raises a practical question: what happens to the lease if the landlord’s lender forecloses? In many commercial leasing transactions, the lease will provide—either expressly or by operation of a future subordination clause—that the...
Financing Contingencies in Commercial PSAs: When a Separate Financing Out Is Worth the Fight
Many commercial real estate purchase and sale agreements provide for a single due diligence period during which the buyer is expected to complete its review of the property and either proceed to closing or terminate the contract and recover its deposit. That diligence...
Operational Issues Industrial Tenants Should Diligence Before Signing a Warehouse Lease
Industrial tenants evaluating warehouse or distribution space often focus heavily on rental rate and square footage when selecting a facility. However, many of the operational characteristics that determine whether a facility will actually function for the tenant’s...
Rent Credits in a Commercial Lease: An FAQ Guide
Rent credits in a commercial lease are frequently misunderstood. Many people think of “free rent” at the beginning of a lease term and stop there. In reality, rent credits are broader than that. They can be negotiated concessions at lease inception, or they can...
How to Terminate a Commercial Lease – A Guide for Tenants
One of the questions we get asked most often is: as a commercial tenant, how can I terminate my lease? The first thing to understand is that, generally speaking, a commercial lease does not give a commercial tenant the right to terminate early. There is usually no...
Restaurant Leasing in Massachusetts: Key Issues for Landlords and Tenants
Leasing to restaurants introduces unique legal and operational challenges. Massachusetts landlords and tenants entering into restaurant leases must pay careful attention to technical, regulatory, and business provisions that extend beyond those typically encountered...
Commercial Landlord’s Guide to Letters of Credit
In virtually every commercial lease negotiation, landlords look for credit support to backstop a tenant’s obligations. Whether it is unpaid rent, repair obligations, or damages caused by tenant default, landlords want to ensure there is a readily accessible source of...
Title and Survey Red Flags Unique to Industrial Sites
When evaluating an industrial site—whether for acquisition, development, or leasing—the title report and survey can reveal issues that aren’t as common in other asset classes. While every commercial property raises the usual concerns of access, encroachments, and...
Drafting Tip: Addressing Direct Claims in Indemnity Provisions in Commercial Real Estate Contracts
In commercial real estate contracts, indemnity provisions are a foundational risk allocation tool. They are commonly used to shift responsibility for certain claims and losses from one party (the indemnified party) to another (the indemnifying party). At a high level,...
What is a Choice of Law Provision in a Commercial Lease and Why is it Important?
When reviewing a commercial lease, the choice of law provision—also known as a governing law clause—is a common element that deserves attention. This clause identifies which jurisdiction’s laws will apply to the interpretation and enforcement of the lease. For...