The Sale Leaseback Agreement is a strategic financial instrument commonly used in Austrian commercial real estate transactions. It enables property owners to unlock capital tied up in real estate assets while retaining operational control through a long-term lease arrangement. This document type is particularly valuable for companies seeking to improve their balance sheet structure or raise capital for business operations without disrupting their business activities. The agreement must comply with Austrian legal requirements, including the ABGB, MRG, and real estate transfer regulations. It typically includes detailed provisions regarding property transfer, lease terms, maintenance responsibilities, tax implications, and registration requirements. The Sale Leaseback Agreement is especially relevant in scenarios where businesses need to optimize their real estate portfolio while maintaining operational stability.
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1. Parties: Identification of the Seller-Lessee and Buyer-Lessor, including full legal names, registration numbers, and addresses
2. Background: Context of the transaction, including property description and purpose of the sale-leaseback arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale Provisions: Terms of the sale, including purchase price, payment terms, and transfer of title
5. Leaseback Terms: Essential lease terms including duration, rent, payment schedule, and permitted use
6. Property Handover: Provisions regarding the initial handover and condition of the property
7. Representations and Warranties: Seller's representations regarding property title, condition, and compliance with laws
8. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements during the lease period
9. Insurance and Risk: Insurance requirements and allocation of risk between parties
10. Tax Provisions: Treatment of real estate transfer tax, VAT, and other applicable taxes
11. Registration and Notarization: Requirements for land register registration and notarization
12. Termination: Grounds and procedures for termination of the lease agreement
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
14. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Purchase Option: Terms for potential repurchase of the property by the Seller-Lessee
2. Existing Tenants: Provisions dealing with any existing sub-tenants or occupants
3. Environmental Provisions: Specific provisions regarding environmental compliance and responsibilities
4. Financing Provisions: Terms related to any associated financing arrangements
5. Special Installations: Provisions regarding specialized equipment or installations remaining property of the Seller-Lessee
6. Property Management: Specific arrangements for property management during the lease term
7. Development Rights: Provisions regarding future development or modification rights
1. Property Description: Detailed description of the property including land register details and floor plans
2. Purchase Price Calculation: Breakdown of the purchase price and payment schedule
3. Rent Schedule: Detailed rent payment schedule and calculation methodology
4. Condition Report: Initial condition report of the property at time of sale
5. Permitted Use: Detailed description of permitted use of the property
6. Service Charges: Breakdown of service charges and operating costs
7. Form of Handover Protocol: Template for property handover documentation
8. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Financial Services
Industrial & Manufacturing
Retail
Hospitality
Healthcare
Logistics & Warehousing
Office & Commercial
Education
Energy & Utilities
Relevant Teams
Legal
Finance
Real Estate
Treasury
Tax
Operations
Facility Management
Risk Management
Corporate Development
Accounting
Relevant Roles
Chief Financial Officer
Real Estate Director
Property Manager
Legal Counsel
Corporate Treasurer
Asset Manager
Facility Manager
Investment Director
Real Estate Investment Manager
Tax Director
Corporate Finance Manager
Operations Director
Risk Manager
Commercial Director
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