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When First Might Be Worst, Roger Bernhardt
When First Might Be Worst, Roger Bernhardt
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This article urges attorneys to make sure that their clients are well advised when deal with the issue of relative priority of leases and loans. The subordination clause may be less important than the nondisturbance and attornment provisions.
The Disturbed Subtenant Roger Bernhardt, Roger Bernhardt
The Disturbed Subtenant Roger Bernhardt, Roger Bernhardt
Publications
This article discusses the advantages of a nondistrubance and attornment provision in a lease. An NDA clause benefits the both the subtenant and landlord and may help a tenant attract subtenants. It gives security to subtenants that if the tenant declares bankruptcy the subleases will remain intact. The landlord benefits because it eliminates the need to find new tenants.