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Sale And Leaseback Agreement Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Sale And Leaseback Agreement is a strategic financial instrument commonly used in Malaysian business transactions when organizations seek to optimize their capital structure while maintaining operational continuity. This document type is particularly relevant when companies need to free up capital invested in real estate assets without disrupting their business operations. The agreement must comply with Malaysian legal requirements, including the National Land Code 1965, Contracts Act 1950, and relevant tax legislation. It typically includes comprehensive provisions covering both the property sale and the leaseback arrangement, addressing matters such as purchase price, lease duration, rental payments, maintenance obligations, and potential buy-back options. This type of agreement is particularly valuable for businesses looking to improve their balance sheet while retaining control of strategic properties.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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







































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Relevant Industries

Real Estate

Banking and Finance

Commercial Property

Industrial Manufacturing

Retail

Hospitality

Healthcare

Education

Logistics and Warehousing

Corporate Services

Relevant Teams

Legal

Finance

Real Estate

Treasury

Operations

Facilities Management

Risk Management

Corporate Development

Property Management

Asset Management

Relevant Roles

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

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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