Sears (MOAC v. Transform): Landlord May Rest (Adequately) Assured of ‘Similar’ Financial Condition and Operating Performance, But Not Necessarily Tenant Mix

Introduction

A recent decision from the United States District Court for the Southern District of New York (the District Court) in the bankruptcy cases of Sears Holdings Corp. may loom large in a day and age when shopping mall operators are seeking creative alternatives to the traditional, retail-oriented anchor-store business model.

Filed under:
USA, Insolvency & Restructuring, Litigation, Real Estate, Lowenstein Sandler LLP, Bankruptcy, Private equity, Landlord
Authors:
Joseph J. DiPasquale , Ted Hunter , Daniel A. Suckerman , Michael Papandrea
Location:
USA
Firm:
Lowenstein Sandler LLP