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Reverse Triangular Mergers and Non-Assignment Clauses in Leases

April 22, 2014 read the article

Real estate partners Peter Fisch and Mitchell Berg's Transactional Real Estate column appeared in the April 16 issue of the New York Law Journal. The article, "Reverse Triangular Mergers and Non-Assignment Clauses in Leases," discusses a recent case from the Delaware Court of Chancery which suggests that reverse triangular mergers may not violate prohibitions on lease assignments - even prohibitions that specifically restrict assignments by operation of law - that do not include express restrictions on changes of control. Associate Danielle Ash assisted in the preparation of this article.

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