Sale And Leaseback Agreement Template for Austria

The Sale and Leaseback Agreement is a strategic financial instrument used when a property owner wishes to release capital tied up in real estate while maintaining operational use of the property. This document type is particularly relevant in the Austrian market where real estate transactions are subject to specific regulatory requirements and registration procedures. The agreement serves dual purposes: documenting the property sale transaction and establishing the terms of the leaseback arrangement. It includes comprehensive provisions covering purchase price, payment terms, lease duration, rental payments, maintenance responsibilities, and other key terms required under Austrian law. The document is typically used by companies seeking to improve their balance sheet structure while retaining control over operationally important properties. The agreement must comply with Austrian property law, tenancy regulations, and tax requirements, making it essential to include specific provisions addressing local legal requirements and registration procedures.

1. Parties: Identification of the Seller/future Lessee and Buyer/future Lessor, including full legal names, registration details, and addresses

2. Background: Context of the transaction, including description of the property and business rationale for the sale and leaseback arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Completion Date, Lease Commencement Date, etc.

4. Sale Agreement: Terms of the property sale, including purchase price, payment terms, and transfer conditions

5. Property Transfer Provisions: Specific provisions regarding the transfer of title, including registration requirements and timing

6. Lease Terms: Core terms of the leaseback arrangement, including duration, rent, payment schedule, and use of property

7. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and improvements during the lease period

8. Insurance and Liability: Insurance requirements and allocation of risks between parties

9. Default and Remedies: Consequences of default under either the sale or lease provisions and available remedies

10. Representations and Warranties: Standard and specific warranties regarding property condition, title, and authority to enter into the agreement

11. Tax Provisions: Treatment of various taxes including real estate transfer tax, VAT, and ongoing property taxes

12. Notices: Process and requirements for formal communications between parties

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

14. Execution: Signature blocks and execution requirements including notarization provisions