Repurchase Option Agreement Template for Germany

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Key Requirements PROMPT example:

Repurchase Option Agreement

"I need a Repurchase Option Agreement under German law for a commercial property in Berlin, with a 2-year option period starting March 1, 2025, where the original seller retains the right to repurchase at 110% of the original purchase price plus documented improvement costs."

Document background

The Repurchase Option Agreement is a strategic legal instrument used when a party wishes to sell an asset while maintaining the right to buy it back under predetermined conditions. This document is particularly relevant in German business transactions where temporary transfer of ownership is desired, such as in real estate development, business restructuring, or asset management. The agreement must comply with German Civil Code (BGB) requirements, particularly regarding sales contracts (§§ 433-453) and conditional transactions (§§ 158-163). It typically includes detailed provisions on option exercise mechanics, pricing, timing, and completion requirements. This document type is commonly used in sale-leaseback arrangements, development projects, or strategic asset disposals where the original owner wants to retain future control options. The agreement's structure must carefully balance the interests of both parties while ensuring enforceability under German law.

Suggested Sections

1. Parties: Identification of the parties to the agreement - the original seller (option holder) and the original buyer (option grantor)

2. Background: Context of the transaction, including reference to the original sale and the parties' intention to grant a repurchase option

3. Definitions: Key terms used throughout the agreement, including 'Option Period', 'Option Price', 'Asset', etc.

4. Grant of Option: Express grant of the repurchase option, specifying its exclusive and binding nature

5. Option Period: Duration of the option, including start date and expiration date

6. Option Price: Specification of the repurchase price and any adjustment mechanisms

7. Exercise of Option: Process and formalities for exercising the option, including notice requirements

8. Completion: Obligations of both parties upon exercise of the option, including payment and transfer requirements

9. Asset Maintenance: Buyer's obligations regarding maintenance and use of the asset during the option period

10. Representations and Warranties: Standard warranties regarding authority, capacity, and asset condition

11. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

Optional Sections

1. Real Estate Provisions: Additional provisions required when the asset is real estate, including land registry requirements

2. Third Party Rights: Provisions dealing with potential third-party rights or encumbrances during the option period

3. Tax Provisions: Specific tax treatment and allocations, particularly relevant for real estate transactions

4. Assignment: Rights and restrictions regarding assignment of the option rights

5. Force Majeure: Provisions dealing with extraordinary circumstances affecting the asset or option exercise

6. Confidentiality: Obligations regarding confidentiality of the option arrangement

7. Corporate Approvals: Required when parties are corporate entities needing specific approvals

8. Financing Provisions: Relevant when the repurchase involves external financing arrangements

Suggested Schedules

1. Asset Description: Detailed description and/or specification of the asset subject to the option

2. Form of Option Exercise Notice: Template notice for exercising the option

3. Price Calculation: Detailed mechanism for calculating the option price if not fixed

4. Completion Requirements: Checklist of requirements for completing the repurchase

5. Existing Encumbrances: List of any existing encumbrances or restrictions on the asset

6. Required Consents: List of third-party consents required for option exercise

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

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General Counsel

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Real Estate Manager

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Commercial Director

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Corporate Secretary

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Let's create your Repurchase Option Agreement

Authors

Alex Denne

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