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Commercial Leasing Law & Strategy

May 2008

Take Caution Before Transferring Portions of a Project (Especially to Affiliates)

By Xavier L. Gutierrez

Because the challenges facing a developer multiply when it no longer owns an entire project, careful planning and documentation are required in advance of any transfer. While this article addresses issues that arise when different portions of a project are owned by different parties (transfers in general), the main focus is on the issues that arise when different portions of the project are owned by affiliated parties (transfers to affiliates), primarily because those issues are easy to overlook.

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