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Sale And Leaseback Agreement
"Need a Sale and Leaseback Agreement for our manufacturing facility in Lagos, Nigeria, with a purchase price of ₦500 million and a 15-year leaseback term commencing March 2025, including options for facility expansion and equipment installation."
1. Parties: Identification of the seller/future tenant and buyer/future landlord, including registration details for companies
2. Background: Context of the transaction, including property ownership status and intention to enter into sale and leaseback arrangement
3. Definitions: Key terms used throughout the agreement including Property, Completion Date, Lease Term, Rent, etc.
4. Sale Agreement: Terms of the property sale including purchase price, payment terms, and completion requirements
5. Property Title and Transfer: Warranties of title, requirements for governor's consent, and transfer procedures
6. Lease Terms: Core lease provisions including term, rent, payment schedule, and permitted use
7. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and improvements
8. Insurance: Insurance requirements for both parties during the lease term
9. Assignment and Subletting: Restrictions and conditions for assignment or subletting of the lease
10. Default and Remedies: Events of default and available remedies for both sale and lease components
11. Termination: Circumstances and procedures for terminating the lease
12. Governing Law: Specification of Nigerian law as governing law and jurisdiction
13. Notices: Process for serving notices between parties
14. Execution: Signature blocks and attestation requirements
1. Environmental Matters: Required for industrial properties or where environmental concerns exist, addressing compliance and liability
2. Tax Matters: Include when specific tax arrangements or implications need to be addressed
3. Property Management: Needed for complex commercial properties requiring specific management arrangements
4. Development Rights: Include when future development or modification rights need to be reserved
5. Security Deposit: Include when additional security beyond rent is required
6. Break Clause: Optional provision allowing early termination under specific circumstances
7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
8. Alterations and Improvements: Detailed provisions for when significant modifications to the property are anticipated
1. Schedule 1: Property Description: Detailed description of the property including boundaries, plans, and registered title information
2. Schedule 2: Purchase Price and Payment Terms: Breakdown of purchase price, payment schedule, and any adjustments
3. Schedule 3: Lease Terms and Rent: Detailed rent calculations, review provisions, and payment schedules
4. Schedule 4: Condition Report: Initial condition of the property at the time of sale and lease commencement
5. Schedule 5: Permitted Uses: Detailed description of allowed uses of the property
6. Schedule 6: Service Charges: Breakdown of service charges and maintenance costs if applicable
7. Appendix A: Property Plans: Architectural plans, surveys, and property drawings
8. Appendix B: Required Consents: Copies of necessary governmental and regulatory approvals
9. Appendix C: Insurance Requirements: Detailed insurance specifications and coverage requirements
Authors
Approved Use
Base Rent
Business Day
Commencement Date
Completion
Completion Date
Condition Precedents
Consideration
Default Rate
Effective Date
Encumbrances
Environmental Laws
Event of Default
Force Majeure
Governor's Consent
Improvements
Insurance Requirements
Land Use Act
Landlord
Laws
Lease Period
Lease Term
Maintenance Obligations
Operating Expenses
Parties
Permitted Assigns
Property
Purchase Price
Rent
Rent Review Date
Security Deposit
Seller
Service Charges
State Authority
Structural Alterations
Tenant
Term
Title Documents
Transfer Documents
Utilities
Valuation Report
VAT
Property Transfer
Title Warranties
Purchase Price
Completion
Lease Grant
Rent
Payment Terms
Security Deposit
Property Use
Maintenance and Repair
Alterations
Insurance
Assignment and Subletting
Landlord's Covenants
Tenant's Covenants
Property Access
Environmental Compliance
Utilities and Services
Service Charges
Default and Remedies
Force Majeure
Termination
Option to Purchase
Regulatory Compliance
Governmental Consents
Tax Matters
Representations and Warranties
Indemnification
Dispute Resolution
Governing Law
Notices
Severability
Entire Agreement
Amendment
Confidentiality
Registration Requirements
Stamp Duty
Further Assurance
Costs and Expenses
Real Estate
Banking and Financial Services
Manufacturing
Retail
Healthcare
Hospitality
Industrial
Logistics and Warehousing
Education
Commercial Office
Energy and Natural Resources
Telecommunications
Legal
Finance
Real Estate
Operations
Facilities Management
Risk and Compliance
Treasury
Corporate Development
Property Management
Asset Management
Chief Financial Officer
Real Estate Director
Property Manager
Legal Counsel
Finance Director
Corporate Treasurer
Facilities Manager
Asset Manager
Investment Director
Company Secretary
Operations Director
Risk Manager
Commercial Director
Chief Executive Officer
Property Valuation Specialist
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