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Rights of First Negotiation, Offer, and Refusal

by Practical Law Commercial Transactions

Maintained | USA (National/Federal)

A Practice Note providing an overview of contractual rights of first negotiation, first refusal, first offer, and last refusal (matching right), highlighting their similarities and differences, and comparing them to true option rights. This Note also discusses the use of these provisions, sometimes referred to as preemptive rights, in certain types of commercial contracts, such as manufacturing supply contracts, and includes selected drafting considerations for these types of clauses.

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