In cases in which the Commission required that certain contract rights be divested or assigned, how have firms handled the problem of a third party with some rights in these contracts?
In some cases, third-party consents were required before the respondent could assign contract rights. These consents must usually be obtained before the settlement is accepted, so that the divestiture proceeds without contingencies or incident. One advantage of an up front buyer is that all issues relating to third-party rights will tend to be raised before the specific divestiture proposal is executed, so that alternatives and substitutes are possible if third-party rights make the original proposal unworkable or too complex.
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