Shopping Center Lease

A lease at a shopping center that is afforded special and relatively favorable treatment under the Code (see Shopping Center Lease Provisions). The Code itself does not define the term. Courts have used the following factors to determine if a lease is a “shopping center lease”: whether there is a combination of leases of various types of tenants at the center; whether all leases are held by a single landlord; whether the various tenants at the center are engaged in the commercial retail distribution of goods; whether there is a common parking area at the center; whether the premises were purposefully developed as a shopping center; whether there is a master lease; whether there are fixed hours during which all stores are open; the existence of joint advertising; contractual interdependence of the tenants as evidenced by restrictive use provisions; the existence of percentage rent provisions in the leases; the right of tenants to terminate their leases if the anchor tenant terminates its lease; joint participation by tenants in trash removal and other maintenance; the existence of a tenant mix; and whether stores at the center are contiguous.

See also Adequate Assurance, Assumption and Assignment of Executory Contracts and Unexpired Leases, Shopping Center Lease Provisions.

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