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Buy Back Option Contract
"I need a Buy Back Option Contract for a commercial property in Zurich, where I want to retain the right to repurchase the property within 18 months until June 2025, with the buy-back price set at the original sale price plus a 5% premium."
1. Parties: Identification of the parties: the original seller (option holder) and the current owner (option grantor)
2. Background: Context of the original sale and the agreement to grant a buy-back option
3. Definitions and Interpretation: Key terms used in the agreement, including Property, Option Period, Purchase Price, Exercise Notice
4. Grant of Option: Express grant of the buy-back option and its basic terms
5. Option Period: Duration of the option and any conditions affecting its term
6. Exercise Price: Specification of the buy-back price or pricing mechanism
7. Exercise Procedure: Process and formalities for exercising the option, including notice requirements
8. Completion: Obligations and procedures for completing the buy-back transaction once exercised
9. Property Maintenance: Obligations regarding maintenance and use of the property during the option period
10. Representations and Warranties: Standard representations about authority, ownership, and property condition
11. Taxes and Costs: Allocation of taxes, registration fees, and transaction costs
12. Notices: Communication procedures and contact details
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Security: Required if the option rights need to be secured through registration or other means
2. Third Party Rights: Needed if there are existing tenants or other third-party interests in the property
3. Regulatory Compliance: Required if Lex Koller or other regulatory requirements apply
4. Multiple Properties: Required if the option covers multiple properties with specific arrangements
5. Condition Precedents: Needed if exercise of the option is subject to specific conditions
6. Assignment: Required if transfer of option rights needs to be addressed
7. Break Rights: Optional provisions for early termination of the option
8. Force Majeure: May be included for long-term options to address unforeseen circumstances
1. Property Description: Detailed description and/or plans of the property subject to the option
2. Form of Exercise Notice: Template notice for exercising the option
3. Pricing Mechanism: If applicable, detailed calculation method for the buy-back price
4. Completion Requirements: Checklist of documents and requirements for completion
5. Existing Encumbrances: List of existing charges, easements, or other encumbrances
6. Required Registrations: Details of any registrations required at land registry or commercial register
7. Form of Transfer Deed: Template transfer documentation for completion
Authors
Real Estate
Manufacturing
Industrial
Retail
Agriculture
Hospitality
Commercial Property
Asset Management
Private Equity
Infrastructure
Energy
Legal
Real Estate
Finance
Operations
Risk Management
Compliance
Business Development
Strategic Planning
Investment
Property Management
Corporate Development
Legal Counsel
Corporate Lawyer
Real Estate Manager
Property Director
Chief Financial Officer
Asset Manager
Investment Director
Operations Director
Business Development Manager
Risk Manager
Compliance Officer
Transaction Manager
Property Portfolio Manager
Strategic Planning Director
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