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The Sale And Leaseback Agreement is a strategic financial instrument used by companies operating in Switzerland to unlock capital from their existing assets while maintaining operational use of those assets. This document type is particularly relevant when organizations seek to improve their balance sheet structure, generate liquidity, or optimize their asset portfolio while ensuring compliance with Swiss legal requirements. The agreement comprehensively covers both the asset transfer and subsequent lease arrangement, incorporating necessary provisions under the Swiss Code of Obligations, tax regulations, and where applicable, real estate transfer laws. It's commonly used for various asset types including real estate, equipment, and industrial facilities, requiring careful structuring to address Swiss-specific legal and tax implications while protecting both parties' interests throughout the transaction lifecycle.

1. Parties: Identification of the Seller/Future Lessee and Buyer/Future Lessor with full legal details

2. Background: Context of the transaction, including description of the asset(s) and commercial purpose

3. Definitions: Definitions of key terms used throughout the agreement

4. Sale Provisions: Terms of the sale including purchase price, payment terms, and closing conditions

5. Asset Description: Detailed description of the asset(s) being sold and leased back

6. Purchase Price and Payment: Specification of purchase price, payment method, and timing

7. Closing Conditions: Conditions precedent to closing the sale transaction

8. Lease Terms: Core lease provisions including duration, rent, and payment terms

9. Use of Asset: Permitted and restricted uses of the asset during the lease period

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements

11. Insurance and Risk: Insurance requirements and risk allocation between parties

12. Default and Remedies: Events of default and corresponding remedies for both sale and lease components

13. Representations and Warranties: Statements of fact and guarantees by both parties

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

15. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability