Legal Due Diligence · glossary

Alienation

The clauses in a lease that control who may hold or deal with it, for example by assigning or subletting. On a share sale the company stays the tenant, so the landlord's consent is needed only if the lease says so. Neither Sunrise lease required it. Report §11.1 · Chapter 11

Explained in Chapter 11, Litigation, Tax and the Rest, of Legal Due Diligence.

The main page for this term is Alienation, in Commercial Leases.

How it comes up, in Chapter 11
So the landlord's consent is needed only if the lease says so. Check the alienation clauses, which control who may hold or deal with the lease. Look for a change-of-control clause too (Chapter 7). Neither Sunrise lease has one, so the deal needs no consent.
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