New York Form of Opinion of Local Counsel for Lessee

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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 New York Form of Opinion of Local Counsel for Lessee is a legal document that provides an in-depth analysis and evaluation of the lease agreement for a property in New York, offered by the lessee's legal counsel. This opinion is crucial for both parties involved to ensure compliance with local laws and regulations. Local counsel in New York typically prepares this document to certify the legality and enforceability of the lease agreement. They thoroughly review the terms and conditions outlined in the lease agreement and conduct a comprehensive analysis of various legal aspects related to the property. This opinion ensures that the lessee is entering into a secure and valid lease agreement, protecting their rights and interests. The New York Form of Opinion of Local Counsel for Lessee usually includes the following key elements: 1. Legal Compliance: Local counsel examines whether the lease agreement conforms to applicable federal, state, and local laws in New York. They assess compliance with zoning regulations, environmental laws, building codes, and other relevant statutes. 2. Authority and Execution: The opinion confirms that the lessor has the legal authority to enter into and execute the lease agreement. It verifies that the lessor has the necessary approvals and consents from landlords, partners, or any other relevant parties involved. 3. Title Review: Local counsel reviews the title documentation of the property to ensure that there are no encumbrances, liens, or other legal issues that might impact the lessee's rights to occupy and use the premises. 4. Licensure and Permits: The opinion checks whether the lessor has obtained all required licenses, permits, and approvals from local authorities for the property's specific use. 5. Lease Terms and Conditions: Local counsel examines the lease agreement's terms and conditions to assess their fairness, legality, and enforceability. They identify any provisions that might put the lessee at a disadvantage or violate local laws and regulations. 6. Insurance and Indemnification: The opinion examines the insurance requirements outlined in the lease agreement to ensure they are reasonable and compliant with applicable laws. It also reviews the indemnification clauses, determining their fairness and consistency with local statutes. Different types of New York Forms of Opinion of Local Counsel for Lessee may exist, depending on the specific transaction, property type, or industry involved. Some common variations include: 1. Commercial Lease Opinion: This opinion provides a detailed analysis of the lease agreement for commercial properties, such as office spaces, retail stores, or industrial facilities. 2. Residential Lease Opinion: Focused on residential properties, this opinion evaluates lease agreements for apartments, condominiums, or private homes. 3. Ground Lease Opinion: This opinion specifically addresses lease agreements involving land-only properties, where the lessee is responsible for constructing any buildings or structures. In summary, the New York Form of Opinion of Local Counsel for Lessee serves as a crucial legal document that provides a detailed assessment of the lease agreement's compliance with relevant laws and regulations in New York. It ensures that the lessee enters into a secure and enforceable lease, safeguarding their rights and minimizing potential legal risks.

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FAQ

Lawyers very often use the term local counsel to describe an attorney who provides assistance on a matter within their jurisdiction, while the attorney primarily responsible for the matter, or lead counsel, practices in a different jurisdiction.

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.

Are the Attorney General's opinions binding? The Attorney General's opinions are advisory, and not legally binding on courts, agencies, or individuals.

Make sure your letter includes:the date it was written.a salutation or greeting (who the letter is to)an introduction explaining your topic and opinion.a body with reasons that support your opinion.a conclusion restating your opinion or telling why it is important.closing.your signature.

Depending on the size of the loan and the level of negotiation between borrower's and lender's counsel regarding limitations, qualifications and assumptions, fees for an enforceability opinion letter customarily range between $3,000 and $8,000.

With respect to law, opinion primarily refers to a judicial opinion, which is a court's written statement explaining the court's decision for the case.

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.

For completeness sake, a legal opinion should set out the following:The background.The cause (or what led to the opinion being sought).Mandate or instruction (and what do you aim to analyse).Methodology (for your analysis).Analysis (cross referencing to legal precedent and/or authority).More items...?

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.

The Legal Opinion 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).

More info

The letter should confirm that the local lawyers are qualified to practiceThe form received from the foreign lawyers will often vary from this draft ... In opinions other than state-specific local counsel opinions (where general or lead counsel could cover any applicable.105 pages ? In opinions other than state-specific local counsel opinions (where general or lead counsel could cover any applicable.Engagement of local counsel to issue the opinions as to matters arising underNew York, and (iii) Special Committee on Legal Opinions of the Business ...125 pages Engagement of local counsel to issue the opinions as to matters arising underNew York, and (iii) Special Committee on Legal Opinions of the Business ... Report entitled ?Local Counsel Opinion Letters in Real Estate Finance Transaction.The New York State Bar Association Committee on Professional Ethics ... Letters of inside counsel cover certain matters not covered (but whichlaw covered by the opinion letter (e.g.,to New York and federal law). See.90 pages letters of inside counsel cover certain matters not covered (but whichlaw covered by the opinion letter (e.g.,to New York and federal law). See. By ST FitzGibbon · 1987 · Cited by 23 ? Legal Opinions in Commercial Transactions, New York County Lawyers Association,the merger agreement "in the form presented to the meeting." Summer ... By RP Rothman · Cited by 31 ? Robert P. Rothman is Senior Counsel in the New York office of Akin GumpPerhaps the most general type of tax opinion is what might be ... A form of jurisdiction-neutral legal opinion that may be required in connectionstarting point for local counsel to adapt for use in a cross-border loan ... Opinions in Commercial Transactions, New York County Lawyers' Association, Legal Opinions toopinion of local counsel on questions of foreign law.

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New York Form of Opinion of Local Counsel for Lessee