Assignment Clause

Assignment

warning risk

both lease

Transferring the entire lease to a new tenant.

Tenant-friendly language

“Assignment permitted to affiliates and successors without consent; otherwise consent not unreasonably withheld.”

Landlord-friendly language

“No assignment without landlord's prior written consent; any assignment voids the lease.”

What to watch out for

Recapture rights, automatic default on attempted assignment, personal-guarantee survival.

How to negotiate

Carve out affiliate transfers and corporate reorganizations from the consent requirement.

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