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Sale Leaseback Agreement
"I need a Sale Leaseback Agreement for our manufacturing facility in Manila, where we will sell the property to ABC Capital Partners for 鈧50 million and lease it back for 15 years starting March 2025, with an option to repurchase after 10 years."
1. Parties: Identifies and defines the seller-lessee and buyer-lessor with their complete legal details
2. Background: Explains the context of the transaction, including property ownership and parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Sale and Purchase: Details the transfer of property ownership, including purchase price and payment terms
5. Leaseback Terms: Specifies the lease duration, rental amounts, and payment schedules
6. Property Use and Maintenance: Outlines permitted use, maintenance responsibilities, and property management
7. Representations and Warranties: States parties' representations regarding property condition, ownership, and authority
8. Taxes and Expenses: Allocates responsibility for various taxes, registration fees, and maintenance costs
9. Insurance: Specifies required insurance coverage and responsibility for premiums
10. Default and Remedies: Defines events of default and available remedies
11. Assignment and Subletting: Establishes rules for transferring rights or subletting the property
12. Notices: Specifies how formal communications between parties should be made
13. Governing Law and Jurisdiction: Confirms Philippine law application and dispute resolution forum
14. General Provisions: Includes standard boilerplate clauses like severability and entire agreement
1. Environmental Matters: Required when property has potential environmental issues or compliance requirements
2. Property Improvements: Needed when seller-lessee plans to make significant modifications to the property
3. Purchase Option: Includes terms for seller-lessee to repurchase the property under specified conditions
4. Multiple Properties: Required when transaction involves multiple properties with different terms
5. Special Use Provisions: Needed for properties with specific zoning or regulatory requirements
6. Property Management: Required when specific management arrangements are needed beyond basic maintenance
7. Force Majeure: Detailed provisions for extraordinary events affecting property use or obligations
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 allocations
3. Rent Schedule: Detailed payment schedule including base rent, escalations, and additional charges
4. Permitted Uses: Specific list of allowed activities and use restrictions for the property
5. Initial Condition Report: Documentation of property condition at time of sale
6. Required Insurance: Detailed specifications of required insurance coverage
7. Form of Notices: Templates for required notices under the agreement
8. Due Diligence Documents: List of property-related documents provided during due diligence
Authors
Real Estate
Banking and Financial Services
Manufacturing
Retail
Hospitality
Healthcare
Education
Logistics and Warehousing
Industrial
Commercial Property
Agriculture
Legal
Finance
Real Estate
Operations
Treasury
Tax
Facilities Management
Risk Management
Corporate Development
Property Management
Chief Financial Officer
Real Estate Director
Property Manager
Legal Counsel
Finance Director
Asset Manager
Operations Director
Treasury Manager
Facilities Manager
Corporate Real Estate Manager
Investment Manager
Risk Manager
Tax Director
Business Development Director
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