Landlords of New Look stores have failed in their challenge to a CVA which wrote off rent arrears and imposed turnover rents on hundreds of stores.
Like so many high street fashion retailers New Look was already in a precarious position before the pandemic hit. When its turnover was reduced to nil overnight it projected it would run out of cash without help.
The landlord argued that the force majeure clause did not apply at all for three primary reasons. The Bankruptcy Court rejected each of the landlord’s arguments.
USA, Insolvency & Restructuring, Litigation, Real Estate, Duane Morris LLP, Landlord, Force majeure, Coronavirus, Paycheck Protection Program, Title 11 of the US Code