Retail Bankruptcies Have Arrived—More Are Coming, What You Need to Know Now: Practical Answers for Dealing With Troubled Retail Tenants

Retail Bankruptcy Seminar
January 29, 2009
Holland & Knight
10 St James Avenue
Boston, MA

Mervyns', Circuit City, Tweeter and Linens' N Things are just the beginning. With consumer spending at historical lows and a weak holiday shopping season, retail bankruptcies are going to impact commercial real estate across the country. How will you handle the wide range of issues associated with retail slowdown, requests for renegotiation of leases and bankruptcies?

Holland & Knight invites you to join us for a roundtable discussion of the trends developing in the recent high profile cases, and their likely impact on your business. Bring your experience and expertise for a practical, interactive discussion with Holland & Knight real estate and bankruptcy lawyers on the retail bankruptcy process and what your options are as a developer, owner, property manager or tenant – before and after a filing.

Topics for discussion include:

  • Reacting to "Rumors on the Street"
  • Can being proactive in a tenant bankruptcy impact your outcome?
  • How are courts treating "Going-Out-of-Business" statutes, Go-Dark, Anti-assignment and Broom Clean clauses?
  • Are designation rights, lease auctions and adequate assurance battles a thing of the past?
  • Can retail debtors survive a Chapter 11? Should you be part of the solution, and if so how?
  • When and how to gain control of the space (and whether you want to)  

This is an interactive discussion – we look forward to sharing thoughts and ideas on what's coming, and how to deal with it.

Panelists for the program include Real Estate Partners Tara Scanlon and Phil Lapatin, Bankruptcy Partner John Monaghan, and Managing Director and Group Head of the Real Estate Services Team for KPMG Corporate Finance, Matthew Bordwin.

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