Unique issues for WeWork's landlords in the event of a global restructuring

Michael Nowina of Baker McKenzie looks at how a potential WeWork restructuring would play out in Canada, noting that the concept of partially disclaiming an agreement has not been accepted in Canada, meaning that it is unlikely that WeWork would succeed in attempting to enforce a non-compete or similar restrictive covenant with a landlord while at the same time disclaiming the lease, even if the restrictive covenant is described as distinct and severable.

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