Mon 06/ 4/ 18

Recent Court Rulings Demonstrate Value of Operating Covenants

By |2018-06-04T21:42:57+00:00June 4th, 2018|

Hartman Simons’ Katherine Silverman Discuss Recent Court Rulings and How They Demonstrate Value of Operating Covenants By Katherine Silverman 06/04/18 Recent court rulings serve as a reminder of the importance and power of operating covenants — and the need for retailers to fully understand them before they close shop for good. Many retail leases contain operating [...]

Wed 07/ 30/ 14

The Carried Interest Advantage: Will It Last?

By |2014-07-30T15:39:28+00:00July 30th, 2014|

The top 25 hedge fund managers earned $14.4 billion in 2012, while an estimate of the earnings of private equity managers was $45 billion for the past six years. Currently, fund managers enjoy substantial tax benefits due to their ability to treat their performance bonuses as capital gains and defer the payout from year to [...]

Tue 07/ 1/ 14

Receivers: Protecting And Preserving Assets

By |2014-07-01T15:36:47+00:00July 1st, 2014|

Georgia Chopsticks, an American company, captured media attention by shipping chopsticks to China at the rate of about two million per day. One of the company’s creditors, a Kansas concern to whom it allegedly owed $1.3 million, was apparently not impressed, and had Georgia Chopsticks placed into receivership. A temporary restraining order issued in April [...]

Thu 05/ 1/ 14

Loan Workouts: The Lender’s View

By |2014-05-01T15:30:51+00:00May 1st, 2014|

Commercial real estate is recovering, albeit slowly, with transactions and lending likely to experience more modest growth across a number of property types. Regulators encourage banks to engage in loan workouts and make it more inviting to do so — promising that a well-crafted workout will not be a black mark on a bank’s record. [...]

Wed 04/ 30/ 14

The ABCs Of Corporate Decision Making

By |2014-04-30T15:28:24+00:00April 30th, 2014|

When Dan Ustian, who had headed Navistar International’s engine unit, needed to decide how to meet new air quality requirements, he gambled $700 million on a fix that his engineers did not know how to implement. Two years past the EPA deadline, Navistar’s engine is still unable to meet emissions test standards, resulting in a [...]