The Sale Leaseback Agreement is a strategic financial and property management tool commonly used in Irish business transactions. It enables property owners to unlock capital from their real estate assets while retaining operational use of the property. This document type is particularly relevant when companies seek to improve their balance sheet position, require capital for business expansion, or wish to restructure their property holdings while maintaining operational continuity. The agreement must comply with Irish property law, including the Land and Conveyancing Law Reform Act 2009 and relevant landlord-tenant legislation. It includes comprehensive provisions for both the sale transaction and the subsequent lease arrangement, covering areas such as purchase price, lease terms, maintenance obligations, insurance requirements, and various operational considerations. This document is typically used in commercial contexts but can also be adapted for other property types, subject to relevant regulatory requirements.
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1. Parties: Identification of the Seller/Future Tenant and Buyer/Future Landlord
2. Background: Context of the transaction, including property description and commercial intent of the arrangement
3. Definitions: Defined terms used throughout the agreement
4. Sale Agreement: Terms of the property sale, including purchase price, deposit, and completion arrangements
5. Property Transfer Provisions: Detailed provisions regarding the transfer of title, including warranties and representations
6. Leaseback Terms: Core terms of the leaseback arrangement, including lease duration, rent, and payment terms
7. Tenant Covenants: Obligations of the tenant (former owner) under the lease
8. Landlord Covenants: Obligations of the landlord (new owner) under the lease
9. Insurance and Maintenance: Requirements for property insurance and maintenance responsibilities
10. Assignment and Subletting: Provisions governing the ability to assign or sublet the property
11. Default and Remedies: Consequences of default by either party and available remedies
12. Termination: Circumstances and procedures for terminating the agreement
13. Notices: Requirements for formal communications between parties
14. Governing Law: Confirmation of Irish law as governing law and jurisdiction
1. Break Clause: Optional provisions allowing early termination under specific circumstances
2. Purchase Option: Right for tenant to repurchase the property under specified conditions
3. Rent Review: Mechanisms for periodic rent adjustments, if not using fixed increases
4. Service Charge Provisions: For properties with common areas or shared services
5. Environmental Provisions: Specific environmental warranties and obligations, particularly for industrial properties
6. Planning Permissions: Specific provisions regarding existing or required planning permissions
7. VAT Election: Optional VAT treatment of the transaction
8. Alterations and Improvements: Rights and procedures for making changes to the property
9. Change of Control: Provisions dealing with changes in corporate ownership of either party
1. Property Description: Detailed legal description of the property including maps and plans
2. Purchase Price Calculation: Breakdown of purchase price and payment terms
3. Lease Terms: Detailed lease conditions including rent calculations and payment schedules
4. Condition Survey: Initial property condition report and photographs
5. Permitted Use: Detailed description of allowed property uses
6. Service Charge Schedule: Breakdown of service charges and calculation methodology
7. Form of Transfer Deed: Template deed for property transfer
8. Existing Encumbrances: List of existing rights, obligations, or restrictions affecting the property
9. Required Insurance: Detailed insurance requirements and specifications
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Retail
Industrial
Manufacturing
Healthcare
Hospitality
Financial Services
Logistics
Education
Office Space
Warehousing
Agricultural
Relevant Teams
Legal
Finance
Real Estate
Operations
Facilities Management
Risk Management
Treasury
Tax
Corporate Development
Property Management
Relevant Roles
Chief Financial Officer
Real Estate Director
Property Manager
Legal Counsel
Commercial Director
Facilities Manager
Asset Manager
Treasury Manager
Operations Director
Risk Manager
Finance Director
Property Portfolio Manager
Business Development Director
Corporate Finance Manager
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