Third-Party Consents in M&A Deals (US)

Summary

Obtaining third-party consents is often a necessary part of closing a transaction. During the due diligence process, care should be taken to note provisions in any lease or other contract that require consent of a third-party to transfer or assign the contract. Whether consent is needed often depends on how the transaction is structured – whether it is a stock purchase, an asset purchase, or a forward or reverse-triangular merger.