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Permitted Transfer and Assignment Provisions in Commercial Leases: Negotiating and Drafting for Landlords and Tenants

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, May 1, 2025 (in 10 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926
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This CLE webinar will closely examine assignment and permitted transfer provisions in commercial leases. The panel will discuss key differences between these provisions and under what circumstances they should be used. The panel will also offer negotiation and drafting considerations for landlords and tenants.

Description

Some of the most heavily negotiated provisions in a commercial lease are those related to assignment and transfer. Assignment provisions provide a potential exit strategy for the tenant while offering the landlord the ability to maintain a revenue stream as the property continues to be occupied. Most commercial leases require landlord consent for a tenant to assign a lease, subject to defined criteria and obligations on both parties.

Permitted transfers, on the other hand, often allow the tenant greater flexibility in transferring its lease without landlord consent. Generally, permitted transfers are allowed under narrow circumstances and often depend on the tenant's financial well-being and purpose for the transfer.

Counsel should understand the key differences between assignments and permitted transfers as well as the pros and cons of each to best protect their clients' interests during the lease negotiation process and for potential changes in circumstances during the lifetime of the lease.

Listen as our expert panel provides an in-depth look at assignments and permitted transfers in commercial leases. The panel will discuss key differences between these provisions and under what circumstances permitted transfer language should be included in the lease. The panel will also offer best practices for negotiation and drafting for landlords and tenants.

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Outline

  1. Introduction: the importance of assignment and transfer provisions
  2. Assignment provisions
    1. Purpose
    2. Key requirements
    3. Landlord considerations
    4. Tenant considerations
  3. Permitted transfer provisions
    1. Purpose
    2. Key requirements
    3. Landlord considerations
    4. Tenant considerations
  4. Best practices for negotiation and drafting
  5. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • Why are assignment and transfer provisions some of the most heavily negotiated in commercial leases?
  • What key requirements should be included in an assignment provision? Permitted transfer clause?
  • Under what circumstances should counsel consider including a permitted transfer clause in the commercial lease?
  • When drafting assignment and transfer clauses, what are unique considerations for landlords? For tenants?

Faculty

Kelly, John
John G. Kelly
Shareholder
Bean Kinney & Korman

Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate...  |  Read More

Williams, John
John P. Williams
Shareholder
Bean, Kinney & Korman

Mr. Williams practices in the areas of corporate law and real estate transactions. He helps businesses and business...  |  Read More

Attend on May 1

Cannot Attend May 1?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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