Right of First Refusal

by Kathy
(Verona Island, ME)

What is a Right of First refusal? It was intentionally omitted and not addressed at all in our lease with AT.

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Oct 04, 2017
That's probably a good thing.
by: Stephen

Kathy, the Right of First Refusal ROFR provision of a cell tower lease is the tool or instrument that cell tower companies and cellular carriers use to "protect their steel" or "protect their investment". They don't want a a rogue third party, let's say like me, swooping in and buying their cell tower lease cash flow and then later holding them hostage in a negotiation. So they put this language in the lease which actually gives them an unfair advantage in the market place. It sort of gives them the right or the option to see your third party offers to do a buyout. It artificially drives the price of the lease down because who in their right mind will put a lot of work into making you a fair offer when they know that the Tower Company aka "PIG MONSTER" will just look at their deal, and has the right to match it. This is called "making your own market", and if they did this on Wall Street, they would probably go to jail . But since its the cell tower industry, it's still the Wild West.

So if the ROFR provision was omitted, that's AWESOME. Just leave it out completely. It's better for you.

Let us know if you need help with your lease.

Tower Genius :-)


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