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Usually a property assemblage is viewed as a transaction involving the purchase of property rather than a lease, but a property assemblage could very well involve a leased parcel. A property assemblage could also include a seller who wants to remain in possession after the closing or a tenant whose lease term runs past the closing date. Both of these situations also introduce the lease to your assemblage. As an initial comment, a property assemblage has all of the same attributes of acquiring a single piece of property. The difference arises when your client needs more than one piece of property to pursue its project. The challenges arise from entering into contracts for all of the necessary properties and helping your client coordinate due diligence. The earlier you get involved, the better you will be able to help your client successfully close the transaction.
The Contract Phase
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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