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Deed Of Attornment
"I need a Deed of Attornment to document the transfer of a commercial property lease from ABC Properties Ltd to XYZ Investments Pty Ltd effective March 1, 2025, with the existing tenant (Global Retail Corp) staying in place and maintaining their current lease obligations."
1. Parties: Identifies all parties to the deed, including the existing parties and the incoming party
2. Background: Recitals explaining the existing contractual relationship, reason for attornment, and purpose of the deed
3. Definitions: Defines key terms used throughout the deed, including references to the original agreement and relevant dates
4. Attornment and Acknowledgment: Core clause where the continuing party acknowledges and accepts the new party as a replacement for the outgoing party
5. Consent: Express consent to the transfer or assignment of rights and obligations
6. Confirmation of Terms: Confirmation that the original agreement terms remain unchanged except for the substitution of parties
7. Effective Date: Specifies when the attornment takes effect
8. Governing Law: Specifies the governing law and jurisdiction for the deed
9. Execution: Formal execution blocks for all parties, including witness requirements for a deed
1. Release of Outgoing Party: Used when the outgoing party needs to be released from future obligations while retaining liability for past actions
2. Security Arrangements: Required when existing security arrangements need to be addressed or new security is being provided
3. Costs and Stamp Duty: Include when there's a need to specify responsibility for costs and stamp duty associated with the attornment
4. GST: Required when the attornment has GST implications that need to be addressed
5. Guarantees: Include when existing guarantees need to be confirmed or new guarantees are being provided
6. Confidentiality: Used when specific confidentiality obligations need to be imposed regarding the attornment
7. Registration: Include when the attornment needs to be registered with relevant authorities
1. Schedule 1 - Original Agreement: Copy or details of the original agreement being attorned
2. Schedule 2 - Property Details: Details of the relevant property or lease if applicable
3. Schedule 3 - Existing Securities: List and details of any existing security arrangements
4. Schedule 4 - Conditions Precedent: Any conditions that must be satisfied before the attornment takes effect
5. Appendix A - Notice Details: Contact and notice details for all parties
6. Appendix B - Required Consents: Copies of any third-party consents required for the attornment
Authors
Real Estate
Commercial Property
Banking & Finance
Property Development
Retail
Industrial
Office Space
Healthcare Facilities
Educational Institutions
Hospitality
Agricultural Land
Legal
Property Management
Real Estate
Commercial
Finance
Compliance
Risk Management
Operations
Asset Management
Facilities Management
Property Manager
Legal Counsel
Commercial Property Lawyer
Real Estate Manager
Facility Manager
Asset Manager
Commercial Director
Finance Manager
Property Development Manager
Leasing Manager
Contract Administrator
Company Secretary
Risk Manager
Compliance Officer
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