Nebraska Right of First Refusal Agreement

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Multi-State
Control #:
US-EG-9350
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Word; 
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Amended and Restated Right of First Refusal Agreement between BirthdayExpress.Com, Inc. and investors regarding transactions by investors dated July 21, 1999. 9 pages.
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How to fill out Right Of First Refusal Agreement?

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FAQ

Basically, an ROFR clause obligates a seller to contact the rights holder with an option to purchase the property before they can accept an alternate third-party offer on the piece of real property.

Where the right of first refusal exists, a Landlord must, under the Act, first offer the premises to the Qualifying Tenants, before offering it on the open market, or for sale by auction. He must serve formal notices on the Qualifying Tenants. These notices are known as Section 5 Notices.

For example, a commercial tenant may prefer to lease a location; however, he may buy the premises if it meant that he would be evicted if the property sold to a new owner. In such a case, the tenant would negotiate to have a right of first refusal clause incorporated into his lease.

Examples from Collins dictionaries A tenant may have a right of first refusal if a property is offered for sale.

Landlord hereby grants Tenant the on-going option to lease, upon the terms and conditions hereinafter set forth, any then vacant space adjacent to the Premises (the ?First Refusal Space?) during the First Refusal Period (as hereinafter defined).

If other bidders find out about it, a right of first refusal clause could lower prices or make attracting buyers difficult. For example, a landlord might have trouble finding buyers if a tenant has a ROFR. It also limits the owner's flexibility, especially their ability to sell and seek buyers.

The right of first refusal granted herein shall terminate (i)with respect to any particular First Refusal Space upon the failure by Tenant to exercise its right of first refusal with respect to the First Refusal Space so offered by Landlord pursuant to the terms of this Section1.

Right of first refusal in real estate is a clause that gives a potential buyer the first opportunity to purchase a piece of property. It's common with, but not limited to, renters looking to buy from their landlords and families prepping for estate inheritances.

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Nebraska Right of First Refusal Agreement