Negotiating Survival Clauses and Holdback Provisions in Commercial Real Estate Sales Transactions
Avoiding Pitfalls of Merger Doctrine at Closing and Beyond
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will discuss strategies for buyers and sellers negotiating survival clauses in commercial real estate transactions. Our experienced panel will offer critical insight on crucial terms for inclusion, duration, pitfalls to avoid, along with how survival provisions interplay with holdbacks to minimize risks beyond closing.
- The merger doctrine
- Survival clauses
- What survives closing
- Considerations for sellers
- Considerations for buyers
- Interplay with other provisions
The panel will review these and other relevant issues:
- How can parties effectively address survival language in transactions that terminate without closing?
- How can counsel for buyers and sellers structure survival clauses for “as-is” sales?
- What practical considerations should counsel for buyers and sellers make when negotiating scope and duration of survival clauses?
Scott D. Brooks
Cox Castle & Nicholson
Mr. Brooks has vast experience in all aspects of developer/owner representation, including leasing, acquisitions and... | Read More
Mr. Brooks has vast experience in all aspects of developer/owner representation, including leasing, acquisitions and dispositions, and joint venture structuring, with a particular emphasis on commercial leasing. Mr. Brooks has extensive experience in the negotiation and documentation of all types of retail leases and has worked with large and small retail developers and operators on leasing matters within regional malls, community shopping malls and mixed-use projects, among others.Close
Christine R. Norstadt
Pursley Friese Torgrimson
Ms. Norstadt’s practice is focused on commercial real estate transactions and litigation. Her clients... | Read More
Ms. Norstadt’s practice is focused on commercial real estate transactions and litigation. Her clients include owners, managers and users of all types of commercial real estate, including office, retail and industrial properties. Ms. Norstadt’s transactional practice includes leading commercial real estate closings, negotiating commercial leases for landlords and tenants, and facilitating general corporate real estate transactions and commercial foreclosures.Close