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Sale Leaseback Agreement
"Need a Swiss Sale Leaseback Agreement for our manufacturing facility in Zurich, with completion targeted for March 2025; must include environmental compliance provisions and an option for us to repurchase after 10 years."
1. Parties: Identification of the Seller-Tenant and Buyer-Landlord, including full legal names, registration details, and addresses
2. Background: Context of the transaction, including property overview and business rationale for the sale-leaseback arrangement
3. Definitions: Defined terms used throughout the agreement, including Property, Completion Date, Lease Commencement Date, etc.
4. Sale Agreement: Terms of the property sale, including purchase price, payment terms, and completion mechanics
5. Property Description: Detailed description of the property being sold and leased back, including all relevant land registry details
6. Purchase Price and Payment: Detailed payment terms, including any deposits, payment schedule, and payment mechanics
7. Completion: Process and requirements for completing the sale, including required registrations and notifications
8. Lease Terms: Core lease provisions including term, rent, payment schedule, and use restrictions
9. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and improvements during the lease period
10. Insurance and Liability: Insurance requirements and allocation of liability between parties
11. Representations and Warranties: Warranties regarding property condition, title, and authority to enter into the agreement
12. Termination: Conditions and process for terminating the lease agreement
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
14. Notices: Process and requirements for formal communications between parties
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Purchase Option: Terms for tenant's option to repurchase the property, included when parties agree to potential future sale back to original owner
2. Environmental Matters: Specific provisions regarding environmental liabilities and compliance, required for industrial or potentially contaminated properties
3. Tax Structure: Detailed tax arrangements and allocations, included for complex commercial transactions with specific tax planning requirements
4. Subletting and Assignment: Terms governing the tenant's right to sublet or assign the lease, included for commercial properties
5. Property Management: Specific provisions regarding property management responsibilities, included for commercial properties requiring active management
6. Development Rights: Terms regarding future development or modification rights, included when property has development potential
7. Foreign Investment Provisions: Specific provisions ensuring compliance with Lex Koller, required when foreign entities are involved
1. Property Details: Detailed property description, including plans, land registry excerpts, and technical specifications
2. Lease Terms Schedule: Detailed lease terms including rent calculations, payment schedules, and adjustment mechanisms
3. Condition Survey: Detailed survey of property condition at time of sale
4. Required Repairs: List of any repairs or improvements required as condition of sale or lease
5. Permitted Uses: Detailed description of permitted property uses under the lease
6. Service Charges: Breakdown of service charges and maintenance responsibilities
7. Form of Transfer Deed: Template for property transfer documentation
8. Insurance Requirements: Detailed insurance specifications and requirements
9. Environmental Reports: Environmental assessments and compliance certificates where applicable
Authors
Real Estate
Banking and Financial Services
Manufacturing
Retail
Hospitality
Healthcare
Industrial
Logistics
Commercial Property
Investment Management
Insurance
Legal
Finance
Real Estate
Treasury
Tax
Risk Management
Operations
Facility Management
Corporate Development
Commercial
Strategy
Compliance
Chief Financial Officer
Real Estate Director
Property Manager
Legal Counsel
Corporate Treasurer
Asset Manager
Facility Manager
Investment Director
Tax Manager
Risk Manager
Operations Director
Commercial Director
Chief Executive Officer
Corporate Development Manager
Finance Manager
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