The Equipment Sale Leaseback Agreement Form is a specialized contract used when businesses seek to unlock capital from their existing equipment while retaining operational use. This U.S. legal instrument complies with UCC Articles 2, 2A, and 9, addressing both sale and lease aspects of the transaction. It's particularly valuable for companies seeking to improve their balance sheet or obtain immediate financing while maintaining use of essential equipment. The document includes detailed provisions for equipment valuation, lease terms, maintenance obligations, and end-of-term arrangements, while ensuring compliance with federal and state tax regulations.
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1. Parties: Identification of seller/lessee and buyer/lessor with full legal names and addresses
2. Background: Context of the transaction, including purpose and general structure of the sale-leaseback arrangement
3. Definitions: Key terms used throughout the agreement including Equipment, Lease Term, Purchase Price, Rental Payments
4. Sale of Equipment: Terms of sale, including price, transfer of title, and warranties
5. Lease Terms: Core lease provisions including duration, payment terms, and use conditions
6. Maintenance and Operations: Responsibilities for equipment maintenance, repairs, and operational requirements
7. Insurance and Risk of Loss: Insurance requirements and allocation of risk
8. Default and Remedies: Events of default and available remedies for both parties
9. General Provisions: Standard legal provisions including notices, amendments, governing law
1. Tax Matters: Specific tax treatment provisions and documentation requirements for tax purposes
2. End of Term Options: Purchase options, renewal terms, or return conditions at lease termination
3. Environmental Compliance: Environmental obligations and compliance requirements for equipment operation
4. Sublease Rights: Terms and conditions governing potential sublease arrangements
1. Equipment Schedule: Detailed description of equipment including serial numbers, specifications, and conditions
2. Payment Schedule: Detailed breakdown of lease payments, including dates and amounts
3. Maintenance Schedule: Required maintenance procedures and schedules for equipment upkeep
4. Insurance Requirements: Specific insurance coverage requirements and limits
5. Form of Acceptance Certificate: Template for equipment acceptance documentation
6. Return Conditions: Detailed specifications for equipment condition upon return at lease end
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