Commercial Leases: Negotiating and Drafting Early Termination and Assignment Clauses

Permitted Transfers, Consent, Recapture, and Mitigation Clauses

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Wednesday, May 27, 2020

Recorded event now available

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Program Materials

This CLE webinar will provide practical guidance to real estate counsel on early termination clauses in commercial leases, with a focus on best practices in negotiating, drafting, and documenting early termination provisions and liquidated damage clauses and assignments and permitted transfers.

Description

Commercial leases are typically long-term agreements that require tenants and landlords to negotiate numerous rights and provisions. The ability to terminate a contract early and mitigate the damages creates challenges on both sides. For a tenant, such options allow for more certainty about future occupancy, bolstering its decision to invest in that location. For a landlord, such options--while not a guarantee of future rents--provide a higher likelihood of continuity of occupancy. Such arrangements can result in high-yield and low-risk lease agreements for both parties.

Key to structuring such early termination rights is a proper focus on issues, including rent calculations, performance conditions, limitations on assignment, and risk management requirements.

Listen as our authoritative panel of real estate practitioners provides practical guidance and strategic insights on these termination clauses, with a focus on best practices in negotiating, drafting, and documenting commercial lease renewal options, and opportunities for early termination.

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Outline

  1. Options for early termination
    1. Rent calculation
    2. Related provisions
  2. Assignments of lease

Benefits

The panel will review these and other related issues:

  • How can counsel draft early termination provisions that protect their clients--whether landlord or tenant?
  • What are the best practices for drafting options provisions in commercial leases?
  • What is the importance of performance conditions, limitations on assignment, and other requirements?

Faculty

Hughes, Travis
Travis D. Hughes

Founder
Hughes Investment Partners

Mr. Hughes focuses his practice on a wide array of transactions related to commercial real estate, including office...  |  Read More

Rivera, Oscar
Oscar R. Rivera

Shareholder
Siegfried Rivera

Mr. Rivera’s practice focuses on real property and corporate law, representing numerous developers, investment...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$347

Download

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DVD

10 business days after event

$347 + $24.45 S&H