Since landlords may not be familiar with all aspects of the legal order of their leases, particularly for leases subject to a law other than the landlord`s preferential choice, it is essential to understand where laws of general application could vary or supplement the terms of the lease. This may be a good time to verify and update all court questionnaires received prior to the entry of the lease. Landlords should confirm whether their leases provide for unconditional payment of rent and whether they contain a force majeure contractual clause. Donors should also determine whether the legislation in the lease applies general terms such as “hardness” or other fairness-based rules, which can cross-reference payment rules for “hellish or flooding.” Parties may have corrective action if, as a result of events beyond their control, they are no longer in the position in which they originally came forward. Tenants may be able to claim that they do not have to pay rent because they no longer have benefits from vehicles they cannot use. This argument may also apply where the contract brings such a risk firmly to the tenant. We advise you to advise you on possible arguments that tenants can make at an early stage, so that landlords are well equipped to respond in a timely manner to the taker`s communications. Given the plethora of new rules and government packages in Europe and the legal differences in each leasing portfolio, it is unlikely to be a “unified business” for owners when it comes to formulating their approach. In the event of a taker`s risk of insolvency, lenders should consider when such issues may trigger a termination event in accordance with the terms of the lease and be advised on the jurisdiction in which an insolvency proceeding is likely to be conducted; key features that can help limit enforcement action (for example.
B a moratorium or “stay” that may be imposed); and the procedure by which the lessor was able to recover the assets for lease from the insolvent operator. Lenders should also consider the likelihood of other creditors filing an insolvency claim for the lessor and the obligations to which its directors are subject, which may delay the date on which an insolvency proceedings are likely to begin and/or the need to implement status quo measures. Major vehicles and deposit agreements for the Thameslink program. Financing agreements may require the lessor to enter into all or certain leases in one way or another, particularly where financing is linked to a specific lease or concession (although portfolio financing may also require Denzusern to take certain measures in accordance with the financing agreement). Payment adjustments or other lease changes may require the agreement or notification of lenders. This will have a temporal impact on any agreement with the taker, as the facility`s agents need time to receive instructions from the lenders. A key difference between the European rolling car rental company and other large assets is that rolling stock rental contracts are often subject to local customer law. As a result, a lessor may have a number of rental conditions and regulatory laws that must be taken into account throughout its portfolio.
Each jurisdiction will have its own interpretations, its concepts of universal law and the state approach to combating the pandemic and mitigating economic effects.