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Business Lawyers Blog

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Limited Liability Company Short Form Cancellations

Last November, I was working closely with one of our clients and their real estate lender to purchase a large property in the San Francisco Bay Area. I formed two California limited liability companies for the transaction. One LLC was the investment entity that was going to own the property,…

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Closing Conditions Common in Acquisition Agreements, Part 2

The pace of merger and acquisition activity in Silicon Valley continues unabated, and the satisfaction of conditions to make sure both parties conclude a deal with all loose ends tied up becomes critical to a final closing. In my last blog, I discussed certain standard closing conditions contained in merger…

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Real Estate Loans, Mezzanine Financing and Intercreditor Agreements: Sometimes Words Mean Something

An investor bought an apartment building in San Jose and the broker wanted to send flowers for the occasion. A large bouquet was delivered to the buyer’s office with a note that read, “Rest in Peace.” The buyer was irritated and called the florist to complain. After he had told…

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Higher Taxes in 2013: The California Wood and Lumber Tax

As 2012 is coming to an end, corporations and individuals alike are already thinking about taxes that they will need to pay at year-end. Every meeting I have with business owners lately somehow comes around to talking about taxes and how much I expect taxes to increase next year. The…

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Closing Conditions or Why Isn’t the Future What I Thought It Was, Part 1

Whether an acquisition is in San Jose, Cupertino, San Francisco, or anywhere else in California or the United States, any corporate lawyer will tell you that a buyer will not close a deal unless certain conditions are satisfied. Fortunately, closing conditions contained in mergers and acquisitions documentation have become standardized.…

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Property Taxes: Sellers Providing Financing Should Beware of Reassessment on Repossession

As a business and real estate lawyer in San Jose, I have been paying special attention to the recovering real estate market. I have noticed an increase in residential and commercial properties transactions in San Jose, Sunnyvale, and Santa Clara. As much as the real estate market has improved, lenders…

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