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Sale And Leaseback Contract Template for Switzerland

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Key Requirements PROMPT example:

Sale And Leaseback Contract

"I need a Sale and Leaseback Contract for our manufacturing facility in Geneva, with a purchase price of 5 million CHF and a 15-year leaseback term starting March 2025, including an option for the lessee to repurchase after 10 years."

Document background
The Sale And Leaseback Contract is a strategic financial instrument used when an organization wishes to release capital from its real estate assets while retaining operational use of the property. This document type, structured under Swiss law, enables companies to improve their balance sheet position and obtain financing while maintaining business continuity. It is particularly valuable for companies seeking to optimize their real estate portfolio, reduce debt, or fund expansion plans. The contract must carefully balance Swiss property transfer requirements, tenancy regulations, and tax implications. It typically includes detailed provisions for both the sale transaction and the subsequent lease arrangement, ensuring compliance with cantonal and federal requirements. This document type is especially relevant in the current Swiss market where real estate monetization and efficient capital deployment are key strategic considerations for businesses.
Suggested Sections

1. Parties: Identification of the seller-lessee and buyer-lessor

2. Background: Context of the transaction and property overview

3. Definitions: Defined terms used throughout the agreement

4. Sale Agreement: Terms of the property sale including price, payment terms, and transfer mechanics

5. Property Details: Detailed description of the property being sold and leased back

6. Purchase Price: Amount, payment terms, and any adjustments

7. Conditions Precedent: Conditions that must be satisfied before completion

8. Completion: Process and requirements for completing the sale

9. Lease Terms: Key terms of the leaseback arrangement including duration and rent

10. Rent and Payment Terms: Rental amount, payment schedule, and review mechanisms

11. Property Use and Maintenance: Rights and obligations regarding property usage and upkeep

12. Insurance and Risk: Insurance requirements and risk allocation

13. Assignment and Subletting: Rights and restrictions regarding transfer of rights

14. Default and Termination: Events of default and termination rights for both aspects

15. Representations and Warranties: Statements of fact and assurances from both parties

16. Tax Provisions: Allocation of tax responsibilities and VAT treatment

17. Governing Law and Jurisdiction: Swiss law application and dispute resolution

18. Notices: Communication requirements and contact details

Optional Sections

1. Environmental Provisions: Required for properties with potential environmental issues or specific requirements

2. Planning and Zoning: Include when specific use restrictions or planning requirements exist

3. Break Options: Optional break clauses for either party

4. Purchase Option: If lessee has option to repurchase the property

5. Service Charge Provisions: For properties with shared facilities or service arrangements

6. Alterations and Improvements: Detailed provisions for property modifications

7. Registration Requirements: Specific provisions for land register recording if needed

8. Foreign Investment Provisions: Required if Lex Koller applies

9. Force Majeure: Specific provisions for unforeseen circumstances

10. Step-In Rights: For transactions involving third-party financing

Suggested Schedules

1. Property Description: Detailed legal and technical description of the property

2. Title Documents: List of relevant title documents and encumbrances

3. Lease Terms: Detailed lease conditions and specifications

4. Rent Schedule: Detailed breakdown of rent payments and review dates

5. Service Charge Budget: If applicable, breakdown of service charges

6. Condition Survey: Property condition report at point of sale

7. Form of Transfer Deed: Template for property transfer documentation

8. Permitted Use: Detailed specifications of allowed property uses

9. Insurance Requirements: Detailed insurance specifications

10. Completion Requirements: Checklist of completion documents and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions















































Clauses








































Relevant Industries

Real Estate

Banking and Financial Services

Manufacturing

Retail

Hospitality

Healthcare

Industrial

Logistics

Office Properties

Commercial Property Investment

Corporate Finance

Insurance

Relevant Teams

Legal

Finance

Real Estate

Operations

Treasury

Tax

Risk Management

Facilities Management

Corporate Development

Investment

Property Management

Compliance

Relevant Roles

Chief Financial Officer

Real Estate Director

Property Manager

Legal Counsel

Corporate Lawyer

Finance Director

Asset Manager

Investment Manager

Facilities Manager

Treasury Manager

Risk Manager

Commercial Director

Operations Director

Tax Manager

Company Secretary

Real Estate Investment Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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