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Termination Rights Contract Drafting

Hinckley Allen

Using Contingencies and Termination Rights to Build Retail Leases

Hinckley Allen on

Ideally, every retail lease strikes a reasonable balance between the interests of the landlord and the tenant and lays the groundwork for a mutually beneficial relationship. However, things do not always go according to plan....more

Farrell Fritz, P.C.

Course Correction: Why “Ordinary Course” Covenants in Acquisition Agreements Should be Drafted Carefully

Farrell Fritz, P.C. on

Should a buyer be allowed to walk away from an acquisition if an extraordinary event occurs between signing and closing that forces the target company to take emergency remedial measures outside its ordinary course, even if...more

Lowndes

When are Unilateral Termination Rights in a Commercial Lease Enforceable?

Lowndes on

We will often see a commercial lease that provides a right of termination to only one of the parties to the lease and it begs the question, “is this really a contract if one party can walk away at any time?” ...more

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