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Sale And Leaseback Agreement
"I need a Sale and Leaseback Agreement for our manufacturing facility in Penang, Malaysia, with a purchase price of RM 15 million and a 10-year leaseback term starting March 2025, including an option for the tenant to repurchase after 5 years."
1. Parties: Identification of the Seller/Future Tenant and Buyer/Future Landlord
2. Background: Context of the transaction, including property description and purpose of the sale and leaseback arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale Terms: Terms and conditions of the property sale, including purchase price and payment terms
5. Property Transfer: Provisions regarding the transfer of title and completion requirements
6. Lease Terms: Core terms of the leaseback arrangement, including lease period and rental amounts
7. Possession and Use: Rights and obligations regarding property possession and permitted use
8. Maintenance and Repairs: Responsibilities for property maintenance and repairs during the lease period
9. Insurance: Insurance requirements for both parties during the lease period
10. Default and Remedies: Consequences and remedies for default under either the sale or lease portions
11. Representations and Warranties: Statements of fact and assurances from both parties
12. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
13. Notices: Process for serving formal notices between parties
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Break Clause: Optional provision allowing early termination of the lease under specified conditions
2. Purchase Option: Grants the tenant the option to repurchase the property under specified terms
3. Environmental Matters: Specific provisions dealing with environmental liabilities and compliance
4. Property Management: Detailed arrangements for property management during the lease period
5. Assignment and Subletting: Provisions regarding the tenant's right to assign or sublet
6. Tax Matters: Specific provisions dealing with tax implications and responsibilities
7. Force Majeure: Provisions dealing with unforeseen circumstances affecting performance
8. Development Rights: Rights regarding future development or modification of the property
1. Property Description: Detailed description of the property including title particulars and plan
2. Purchase Price Schedule: Breakdown of purchase price and payment terms
3. Lease Terms Schedule: Detailed lease terms including rent review mechanisms and payment schedules
4. Condition Schedule: Schedule detailing the condition of the property at the time of sale
5. Permitted Use: Detailed description of permitted uses of the property
6. Service Charges: Breakdown of service charges and maintenance costs
7. Form of Transfer: Prescribed form for property transfer under Malaysian law
8. Existing Encumbrances: List of any existing encumbrances or restrictions on the property
Authors
Real Estate
Banking and Finance
Commercial Property
Industrial Manufacturing
Retail
Hospitality
Healthcare
Education
Logistics and Warehousing
Corporate Services
Legal
Finance
Real Estate
Treasury
Operations
Facilities Management
Risk Management
Corporate Development
Property Management
Asset Management
Chief Financial Officer
Real Estate Director
Property Manager
Legal Counsel
Corporate Treasurer
Facilities Manager
Asset Manager
Investment Director
Finance Manager
Operations Director
Risk Manager
Company Secretary
Property Valuation Specialist
Commercial Director
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