American Bankruptcy Institute Journal, September 1st, 2004
Fourth Circuit Enforces Restrictive Use Clause to Block Debtor/Tenant's Assignment of Shopping Center Lease Landlords hate it when their tenants file bankruptcy because suddenly, they are at risk of losing control over their properly-literally-if the debtor/tenant elects to assume and assign the lease to a stranger. For the landlord of a shopping center, the possibility of a debtor/tenant's assignment of the lease is especially problematic because, in order to attract other tenants and ensure the desired tenant mix (so as to enhance profitability), shopping center leases generally contain res...
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