What lease provisions become especially important when a company may be acquired, merged, or recapitalized?

Businesses anticipating ownership changes should pay close attention to assignment, change-of-control, guaranty, subleasing, use, notice, and landlord-consent provisions. A lease that works well for current ownership may create complications during a future transaction if transfer rights are too restrictive.

These provisions can affect the marketability of the business, transaction timing, financing, and whether the buyer can continue operating from the location.

Occupancy strategy should support the company’s eventual transaction strategy—not become an obstacle to it.