The Sale Lease Back Agreement is a strategic financial instrument used when organizations seek to release capital from their assets while maintaining operational control. This document type is particularly relevant in Belgium, where specific civil law provisions govern both sale and lease aspects of the transaction. The agreement is commonly used for real estate, industrial equipment, or other valuable assets, allowing companies to improve their liquidity position while retaining use of essential operational assets. The document must comply with Belgian legal requirements, including specific tax regulations, registration duties, and accounting standards. It typically includes detailed provisions on the initial sale, subsequent lease terms, maintenance responsibilities, insurance requirements, and potential repurchase options. The Sale Lease Back Agreement is especially valuable during business restructuring, expansion phases, or when companies need to optimize their balance sheet while ensuring business continuity.
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1. Parties: Identification of the Seller/Lessee and Buyer/Lessor, including full legal names, registration numbers, and registered addresses
2. Background: Context of the transaction, including description of the asset(s) and purpose of the sale-leaseback arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Terms of the sale, including purchase price, payment terms, and transfer of ownership
5. Leaseback Terms: Core terms of the leaseback arrangement, including lease period, rent amounts, and payment schedules
6. Warranties and Representations: Warranties given by both parties regarding their capacity, authority, and the condition of the asset(s)
7. Maintenance and Repairs: Responsibilities for maintaining and repairing the asset(s) during the lease period
8. Insurance: Insurance requirements for the asset(s) during the lease period
9. Default and Remedies: Consequences of default by either party and available remedies
10. Termination: Circumstances under which the agreement can be terminated and the consequences
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
12. Notices: Process for serving formal notices between parties
13. Entire Agreement: Confirmation that the document represents the entire agreement between parties
1. Purchase Option: Terms for the lessee to repurchase the asset(s) at the end of the lease period - include when the parties want to arrange a potential buyback
2. Tax Provisions: Detailed tax arrangements and responsibilities - include when specific tax structuring is required
3. Environmental Provisions: Environmental responsibilities and compliance requirements - include for real estate or industrial assets
4. Assignment and Subletting: Rights and restrictions regarding assignment or subletting - include when these rights are to be specifically addressed
5. Force Majeure: Provisions for unforeseen circumstances - include when specific events need to be addressed
6. Step-In Rights: Buyer's rights to step in and manage assets in certain circumstances - include for high-value or critical assets
7. Employee Matters: Provisions regarding employees associated with the asset(s) - include when the transaction involves transfer of personnel
1. Asset Schedule: Detailed description and specification of all assets included in the sale-leaseback
2. Payment Schedule: Detailed breakdown of purchase price payment and lease payment schedules
3. Condition Report: Detailed report on the condition of assets at the time of sale
4. Service Agreements: List and copies of relevant service agreements that will continue post-sale
5. Required Consents: List of third-party consents required for the transaction
6. Property Details: For real estate, detailed property information including plans and titles
7. Maintenance Schedule: Detailed maintenance requirements and schedules for the assets
8. Form of Notices: Template forms for various notices required under the agreement
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