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ARTICLE · 09 DECEMBER 2024

Ensuring Success In M&A: Why Notifying Landlords Matters

When navigating a merger or acquisition, the focus often centers on financials, due diligence, and deal structuring. However, one critical piece that's sometimes overlooked...

CanadaReal Estate and Construction

When navigating a merger or acquisition, the focus often centers on financials, due diligence, and deal structuring. However, one critical piece that's sometimes overlooked is the importance of notifying landlords about the transaction. Properly addressing landlord notifications can protect the value of the deal, ensure legal compliance, and avoid unnecessary disruptions. Here's why it matters:

1. Lease Compliance is Non-Negotiable

Commercial leases often include clauses requiring landlord consent for assignments, subleases, or changes in shareholder control. These provisions mean that a merger or acquisition could technically breach the lease if the landlord isn't notified or their consent isn't obtained. The consequences? Penalties, lease termination, or even costly legal disputes—all of which can derail your plans.

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