The driving force behind mergers and acquisitions typically involves
considerations of market share and operational synergy. Parties focus on
significant business assets and liabilities, both existing and potential. These
are complex commercial transactions in which many layers of information are
reviewed, considered and analyzed.
The real estate held by the target business may be inadvertently overlooked,
however. Considering the potential liability and delays in closing that can
arise if the real estate component of the transaction is not properly handled,
companies would be wise to do everything in their power to avoid this
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