In sale and leaseback transactions, companies sell their real estate to an investor and enter into a long-term lease with the new owner.
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RE-STRUC: Tax Changes as of 2023
As of 1 January 2023, a set of tax changes will be implemented that may affect one’s Dutch tax position. In addition, changes starting in 2024 have also been announced.
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EU Criminalizes Violations of EU Sanctions, With a Focus on Russia
On Nov. 28, 2022, the Council of the European Union adopted a decision to add the violation of restrictive measures to the list of so-called “EU crimes” set out in
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The ‘top-up’ (bank) guarantee in a Dutch Scheme – for as long as it lasts…
The Dutch Scheme allows tenants to restructure their debt, including outstanding rent, outside of formal insolvency proceedings under a court-approved restructuring plan. A tenant may also propose amendments to, inter
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CJEU: Evidence Disclosure In Follow-On Claims May Require Parties To Create New Documents
On 10 November 2022, the Court of Justice of the European Union (CJEU) issued its preliminary judgment interpreting Article 5(1) of Directive 2014/104/EU of the European Parliament and of the
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Alternative Dispute Resolution (ADR): Considerations for Real Estate Businesses in an Unpredictable Market
Unpredictable market conditions require innovative solutions to tackle business challenges. Although the real estate industry is fast-paced and global, it is a small world all the same. Due to the
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ESG Opportunities for Distressed Real Estate
According to recent studies, environmental, social, and governance (ESG) is a key value driver of real estate investments.
Both investors and lenders are increasing their focus on ESG, not
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The Only Constant Is Change: Use of ‘Anticipatory Contracting’ in Real Estate Restructuring Deals
In life (as in business), as Heraclitus said, “the only constant is change.” In today’s fast-paced economy, this axiom should be kept in mind during contract negotiations, especially in a
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Key Priorities for Borrowers in a Bear Market
Tracking the financial covenants in loan documents is a key priority for borrowers in a bear market.
Breach of a financial covenant ultimately may lead to acceleration of the outstanding
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Dutch Trust UBO Register Operational Starting 1 November 2022
For the Netherlands, the obligation of trustees to register their trusts and trust-like legal arrangements as well as the UBO information thereof takes effect starting 1 November 2022.
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