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  • A Bi-Monthly Electronic Publication for Section Members
  • August 2009

Group and Committee News: Real Property

Leasing Group

The Leasing Group has been very active over the past several months with numerous Committee and Group conference calls.

On September 17, 2009, the Retail Leasing Committee will be continuing its bi-monthly telephone conference call series, "The Nuts and Bolts of Retail Leases." In addition, the Retail Leasing Committee will have an open discussion call on the topic, "What Do Tenants Want?" on August 26, 2009. The call-in number is 800-504-8071, and the passcode is 9885651.

The Emerging Issues and Specialty Leases Committee is planning a medical office leasing conference call and article and has begun preparation for a leasing potpourri panel for the 2010 Spring Symposia. It continues developing a checklist for leasing matters, such as tenant deferral/abatement agreements and a glossary of defined terms for use in leases.

The Ground Leasing Committee now has over 100 members. There will be two upcoming dial-in programs, one on September 24, 2009, during which there will be a discussion of Capital verses Operating Leases, and on November 12, 2009, during which there will be a discussion concerning the effects of bankruptcy on landlords, tenants, sub-tenants and lenders in a typical ground lease situation. Professor Marshall Tracht will cover the fundamentals, focusing on what can be done to preserve the benefit of each other's bargain if one or more of the landlord, tenant or lender find themselves in bankruptcy. Professor Tracht is a director of the Graduate Real Estate Programs at New York Law School and teaches bankruptcy, real estate transactions and finance, and advanced real estate financing.

The Assignment and Subletting Committee presented "Putting the 'Ease' in Sublease Consents" at the 2009 Spring Symposia, with a reprise of that presentation in a mid-July Leasing Group conference call. The presenters are in the process of turning the materials from that program into an article for Probate & Property.

The Leasing Group welcomes any suggestions for future leasing programs. Please contact Jack Fersko at jfersko@farerlaw.com with your ideas.

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