The Importance of Change of Control Provisions in Asset Purchases

The first thing we look for are change of control provisions, because that's your starting point. With an asset purchase route, most contracts will either require a assignment or host completion. If the client contracts contain a clause which says that the contract can't be assigned without their consent, then you should get their consent assignment before you complete the deal. The other issue with an asset purchase is that if the business that you're acquiring has properties through an owns a freehold property,. again, you're going to need to get that property element assigned across to your new business.