Sale And Leaseback Agreement Template for Denmark

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Key Requirements PROMPT example:

Sale And Leaseback Agreement

I need a Sale and Leaseback Agreement for our manufacturing facility in Copenhagen, with a purchase price of €5 million and a 15-year leaseback period starting March 2025, including provisions for continued 24/7 operations and the right to install new production equipment.

What is a Sale And Leaseback Agreement?

The Sale And Leaseback Agreement is a sophisticated financing and property management tool used in Danish commercial real estate transactions. It enables property owners to release capital tied up in real estate while retaining operational use of the property through a leaseback arrangement. This document type is particularly relevant when companies seek to improve their balance sheet position, generate capital for business operations, or restructure their real estate portfolio while maintaining operational continuity. The agreement must comply with Danish property law, including the Danish Lease Act (Lejeloven) and relevant tax regulations. It typically includes detailed provisions for both the property sale and the subsequent lease arrangement, making it suitable for complex commercial real estate transactions where long-term occupancy is desired post-sale.

What sections should be included in a Sale And Leaseback Agreement?

1. Parties: Identification of the seller/future tenant and buyer/future landlord

2. Background: Context of the transaction and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Sale Terms: Details of the property sale, including purchase price and completion mechanics

5. Property Transfer: Provisions regarding the transfer of title and associated rights

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

7. Rent and Payment Terms: Detailed provisions on rent calculation, payment schedule, and review mechanisms

8. Maintenance and Repairs: Obligations regarding property maintenance and repairs

9. Insurance: Requirements for property and liability insurance

10. Default and Remedies: Consequences of breach and available remedies

11. Assignment and Subletting: Restrictions and conditions for assignment or subletting

12. Termination: Circumstances and procedures for termination of the agreement

13. Notices: Process for formal communications between parties

14. Governing Law and Jurisdiction: Specification of applicable law and dispute resolution forum

What sections are optional to include in a Sale And Leaseback Agreement?

1. Environmental Matters: Required when the property has specific environmental concerns or compliance requirements

2. Planning and Zoning: Needed when specific planning permissions or zoning requirements affect the property

3. Break Options: Include when parties agree to early termination rights

4. Purchase Option: Include when tenant is granted an option to repurchase the property

5. Service Charge: Required for properties with common areas or shared services

6. VAT Elections: Include when parties need to make specific VAT elections

7. Property Management: Include when specific property management arrangements are required

8. Alterations and Improvements: Detailed provisions when tenant requires specific rights to modify the property

What schedules should be included in a Sale And Leaseback Agreement?

1. Property Description: Detailed description of the property including plans and boundaries

2. Title Documents: List of relevant title documents and encumbrances

3. Lease Terms: Detailed lease conditions and specifications

4. Condition Survey: Initial property condition report

5. Service Level Requirements: Detailed maintenance and service standards

6. Rent Schedule: Detailed breakdown of rent payments and review dates

7. Permitted Alterations: Specifications of allowed modifications to the property

8. Form of Transfer Deed: Template for the property transfer documentation

9. Insurance Requirements: Detailed insurance specifications and requirements

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
Relevant Industries

Real Estate

Banking and Financial Services

Retail

Manufacturing

Logistics and Warehousing

Healthcare

Hospitality

Education

Industrial

Office and Commercial

Agriculture

Relevant Teams

Legal

Finance

Real Estate

Treasury

Tax

Risk Management

Operations

Facility Management

Corporate Development

Investment

Relevant Roles

Chief Financial Officer

Real Estate Director

Property Manager

Legal Counsel

Commercial Director

Facility Manager

Treasury Manager

Asset Manager

Investment Director

Finance Manager

Corporate Real Estate Manager

Tax Director

Risk Manager

Operations Director

Business Development Manager

Industries
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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