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Sale And Leaseback Agreement
"I need a Sale and Leaseback Agreement for our manufacturing facility in Manila, where we want to sell the property for PHP 50 million to a real estate investment firm and lease it back for 15 years starting March 2025, with an option to repurchase after 10 years."
1. Parties: Identification of the Seller/Future Tenant and Buyer/Future Landlord with complete legal details
2. Background: Context of the transaction, including property details and parties' intentions
3. Definitions: Defined terms used throughout the agreement
4. Sale Provisions: Terms and conditions of the property sale, including purchase price and payment terms
5. Property Transfer: Mechanics and timing of the property transfer, including title requirements and registration
6. Lease Terms: Core lease provisions including term, rent, payment schedule, and permitted use
7. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and improvements
8. Insurance and Risk: Insurance requirements and risk allocation between parties
9. Default and Remedies: Events of default and corresponding remedies for both sale and lease portions
10. Representations and Warranties: Statements of fact and promises by both parties
11. Termination: Circumstances and procedures for agreement termination
12. Governing Law and Jurisdiction: Applicable law and dispute resolution procedures
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Purchase Option: Terms for tenant to repurchase the property, used when parties want to include a buy-back option
2. Environmental Matters: Environmental responsibilities and compliance, necessary for industrial properties
3. Tax Structure: Detailed tax arrangements, included when specific tax optimization is part of the transaction
4. Security Deposit: Terms of security deposit or other financial security, used in higher-risk transactions
5. Subletting and Assignment: Rights and restrictions regarding subletting, included for commercial properties
6. Alterations and Improvements: Detailed provisions for property modifications, important for commercial or industrial properties
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID
8. Compliance with Laws: Specific regulatory compliance requirements, necessary for regulated industries
1. Property Description: Detailed legal description of the property including boundaries and certificates of title
2. Purchase Price Computation: Breakdown of purchase price including any adjustments or prorations
3. Rent Schedule: Detailed rent payment schedule including any escalations
4. Condition Report: Current condition of the property at time of sale
5. Permitted Alterations: List of pre-approved alterations or improvements
6. Service Charges: Breakdown of service charges and operating expenses
7. Required Insurance: Detailed insurance requirements and minimum coverage amounts
8. Form of Transfer Documents: Templates for deed of sale and other transfer documents
9. Due Diligence Documents: List of required property documentation and certifications
Authors
Real Estate
Banking and Finance
Manufacturing
Retail
Hospitality
Healthcare
Logistics and Warehousing
Commercial Office
Industrial
Education
Legal
Finance
Real Estate
Operations
Tax
Risk Management
Facilities Management
Treasury
Corporate Development
Compliance
Chief Financial Officer
Real Estate Director
Property Manager
Legal Counsel
Corporate Treasurer
Facilities Manager
Asset Manager
Investment Director
Commercial Director
Operations Manager
Risk Manager
Tax Director
Corporate Secretary
Business Development Manager
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