Transactions, whether share or asset purchase, may involve the transfer of real property interests. Some important considerations when drafting agreements for these transactions are:
- Are there any leases that are a part of the transferred assets?
- If so, is landlord consent required for assignment or change of control under these leases?
- Are the leases material, such that failure to maintain or transfer the lease on closing will materially adversely impact the deal?
Landlord consents are a crucial aspect of such deals and proper drafting of the agreement and interpretation of landlord consent provisions in leases can save time and undue … Continue Reading