Sale Leaseback Contract Template for United States

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Key Requirements PROMPT example:

Sale Leaseback Contract

"Need a Sale Leaseback Contract for our manufacturing facility in Texas, where we want to sell the property for $5M but continue operating there for at least 15 years with an option to repurchase after year 10."

Document background
The Sale Leaseback Contract serves as a strategic financial tool in the United States, enabling property owners to monetize their real estate assets while retaining operational control through a long-term lease arrangement. This document type is particularly valuable when organizations need to improve their balance sheet, access capital, or restructure their real estate holdings. The contract must comply with both federal and state regulations, including tax laws, accounting standards, and property regulations. Sale Leaseback Contracts typically include detailed provisions for the sale transaction, lease terms, maintenance responsibilities, and various rights and obligations of both parties.
Suggested Sections

1. Parties: Identification of seller-lessee and buyer-lessor

2. Background: Context of the transaction and property description

3. Definitions: Key terms used throughout the agreement

4. Sale Terms: Purchase price, payment terms, and closing conditions

5. Lease Terms: Rent, duration, maintenance responsibilities, and use restrictions

6. Representations and Warranties: Statements of fact by both parties regarding the property and transaction

7. Closing Conditions: Requirements for completing the transaction

8. Governing Law: Specification of applicable jurisdiction and dispute resolution

Optional Sections

1. Environmental Provisions: Specific provisions dealing with environmental risks and compliance requirements when property has potential environmental concerns

2. Purchase Option: Terms and conditions under which the seller-lessee may repurchase the property

3. Tax Indemnification: Provisions for allocation of tax risks and responsibilities in complex tax situations

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including boundaries and specifications

2. Schedule B - Rent Schedule: Detailed payment schedule including amounts and dates throughout lease term

3. Schedule C - Permitted Use: Comprehensive list of allowed property uses and restrictions

4. Schedule D - Maintenance Responsibilities: Detailed allocation of maintenance and repair responsibilities between parties

5. Schedule E - Title Documents: Complete documentation of property ownership and existing encumbrances

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

Relevant legal definitions
Clauses
Industries

Internal Revenue Code: Federal tax regulations governing sale-leaseback transactions, including tax treatment and implications for both parties

Uniform Commercial Code: Articles 2 (Sales) and 9 (Secured Transactions) governing commercial transactions and secured interests in property

Truth in Lending Act: Federal law governing disclosure requirements in financing arrangements, if applicable to the transaction

State Property Laws: State-specific regulations governing real property transactions, transfers, and interests

State Landlord-Tenant Laws: State regulations governing the relationship between landlords and tenants, including rights and obligations

State Real Estate Regulations: State-specific rules governing real estate transactions, licenses, and documentation requirements

State Contract Laws: State-specific rules governing formation and enforcement of contracts

State Recording Requirements: State regulations for recording property transactions and maintaining public records

FASB Guidelines: Financial Accounting Standards Board guidelines for recording and reporting sale-leaseback transactions

GAAP Requirements: Generally Accepted Accounting Principles governing the accounting treatment of sale-leaseback transactions

SEC Regulations: Securities and Exchange Commission requirements applicable to publicly traded companies involved in sale-leaseback transactions

True Sale Requirements: Legal requirements for establishing that a transaction qualifies as a true sale rather than a financing arrangement

Bankruptcy Considerations: Legal provisions and protections related to potential bankruptcy scenarios affecting the transaction

Environmental Regulations: Federal and state environmental laws affecting property transfers and ongoing operations

Zoning Laws: Local regulations governing property use and development restrictions

Local Ordinances: Municipal regulations affecting property use, maintenance, and operations

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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