North Carolina Form of Opinion of Local Counsel for Lessee

State:
Multi-State
Control #:
US-60948
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Word; 
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Description

This form is an opinion of local counsel for the lessee. The form provides that none of the agents and the lenders are required under the laws of the state to qualify as a foreign corporation, foreign trust company or otherwise in the state, or to file any designation for service of process in the state, solely as a result of its execution, delivery and performance of the subject documents to which it is a party.

The North Carolina Form of Opinion of Local Counsel for Lessee is a legally binding document that provides an expert assessment from a local attorney on various legal matters related to leasing properties in North Carolina. This opinion is crucial for lessees to ensure compliance with state laws and regulations. The opinion typically covers several key areas, including but not limited to: 1. Authority and Validity: This section confirms that the lessor has the legal authority to lease the property and that the lease agreement is valid and enforceable under North Carolina law. 2. Title and Encumbrances: Local counsel reviews the property's title history and assesses any potential encumbrances, such as existing liens or easements, that may affect the lessee's rights and obligations. 3. Compliance with Applicable Laws: This portion of the opinion examines whether the proposed use of the leased property complies with relevant zoning regulations, environmental laws, building codes, and other legal requirements. 4. Permits and Licenses: The opinion addresses the lessee's obligation to obtain necessary licenses or permits required for operating their business on the leased premises. It confirms that all required permits and licenses have been obtained or will be secured before commencing operations. 5. Insurance and Indemnity: Local counsel assesses whether the lessor has obtained sufficient insurance coverage and evaluates the clauses related to indemnification, ensuring that the lessee is adequately protected in case of property damage, liability claims, or other related issues. 6. Default and Remedies: This part of the opinion outlines the rights and remedies available to both parties in the event of a default under the lease agreement. It provides a detailed analysis of the procedures and potential consequences for breach of contract. 7. Governing Law and Jurisdiction: The opinion confirms that the lease agreement is subject to North Carolina law and that any disputes arising from the lease should be resolved within the jurisdiction of North Carolina courts. It's worth noting that there may be multiple versions or variations of the North Carolina Form of Opinion of Local Counsel for Lessee, tailored to specific types of leases or industries. For example, there may be specific forms for commercial leases, residential leases, agricultural leases, or government leases. Each type of lease may have unique considerations and requirements, thus demanding specialized opinions from local counsel. To maintain accuracy, it is recommended to consult a legal professional practicing in North Carolina to obtain the most up-to-date and relevant Form of Opinion of Local Counsel for Lessee based on the specific lease context.

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FAQ

Also called an opinion letter. An opinion from lawyers issued in letter form expressing legal conclusions about and/or legal analysis of a transaction or matter which is relied on by the addressee of the opinion.

Just as a tenant's estoppel certificate is relied upon by a lender as to the status of a lease and ostensibly precludes a tenant from later arguing about issues pertaining to its lease, the attorney opinion letter allow the lender to rely on the opinion of borrower's counsel as to certain matters relating to its

An easy way of analysing is to first set out the law and the provisions of the law (or laws) that are applicable. Then you go on to summarize the binding precedents (judgments of the Supreme Court and the High Court of the State exercising jurisdiction over the subject matter) with full citations.

Depending on the analysis of some facts which may be past or present, a lawyer can give a legal opinion. In some cases such as property cases, a legal opinion can be obtained, for other issues related to past or current affairs, a legal opinion can be obtained.

The purpose of a legal opinion in a transaction is to provide an additional layer of assurance to the party receiving the opinion. In loan transactions in the United States, it is customary for the borrower's counsel to provide an opinion to the lender (but not vice versa).

How to Write an Opinion LetterState the facts: The facts are the answers to the client's questions.Analysis: For an easy analysis, first set out the provision of the law and the law itself.Answer the query: To answer the query, you will rely on the fact and analysis sections.More items...?

Borrower's Counsel is responsible for reviewing the provisions of the Tax Credit Documents to ensure the documents are consistent with the required opinion concerning the supremacy of the Primary Loan Documents and the Supporting Loan Documents.

Opinion of Borrower's Counsel means an opinion rendered to the Lender by Borrower's counsel in a form acceptable to the Lender and its counsel.

Opinion of Counsel means a written opinion from legal counsel who is acceptable to the Trustee. The counsel may be an employee of or counsel to the Company or the Trustee.

In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling.

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One client states, 'the real estate team has been top notch - alwaysLocal counsel opinion letters for Virginia and multi-state transactions. Report entitled ?Local Counsel Opinion Letters in Real Estate Finance Transactionto opinion on the enforceability of the documents under North Carolina.OPINION 57 ? 11/23/20 ? Does the work of an in-house attorney at aARA Model Rule 8.4(d); SCR 203; ABA Model Rule 8.4; North Carolina State Bar v. The major transportation functions of the North Carolina Department of Transportationcompleting a Hardship Acquisition Request Form (HARF) (FRM3-F) and. NAME AND TYPE OF LENDER} (Lender) to Borrower. The proceeds of the Loan shall be used to construct/rehabilitate/purchase/ refinance that certain multifamily ...17 pagesMissing: Carolina ? Must include: Carolina NAME AND TYPE OF LENDER} (Lender) to Borrower. The proceeds of the Loan shall be used to construct/rehabilitate/purchase/ refinance that certain multifamily ... Need legal assistance, find an attorney who specializes in Landlord and Tenant issues and read the local statutes. Go to to view the North ... Any such elimination is evidenced by the initialing of such exception in the left margin by the attorney. (Continued from front). NC.Bar Assoc. Form No. 1-P. United States. Department of Agriculture. Office of the Solicitor · 1918 · ?Agricultural laws and legislationSoil conservation districts laws previously enacted were amended in California , Colorado , Florida , Illinois , New Mexico , North Carolina , and North ... 27 NCAC 02 RULE 0.1 PREAMBLE: A LAWYER'S PROFESSIONAL RESPONSIBILITIES. (a) A lawyer, as a member of the legal profession, is a representative of clients, ... By PW Edsall · 1937 · Cited by 40 ? D., Princeton University; formerly special attorney, U. S. Department of Justice, research expert, The National. Archives, senior negotiator, U. S. Civil ...

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North Carolina Form of Opinion of Local Counsel for Lessee