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Sale And Leaseback Contract

Sale And Leaseback Contract Template for Malaysia

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Key Requirements PROMPT example:

Sale And Leaseback Contract

"I need a Sale and Leaseback Contract for our manufacturing facility in Penang, Malaysia, with a 15-year leaseback term starting March 2025, including an option for the seller to repurchase after 10 years."

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Document background
The Sale And Leaseback Contract is a strategic financial instrument used in the Malaysian market when organizations seek to release capital from their real estate assets while maintaining operational control. This document type is particularly relevant in scenarios where companies need to improve their balance sheet position or require significant capital injection while continuing their business operations uninterrupted. The agreement must comply with Malaysian property law, including the National Land Code 1965 and the Contracts Act 1950, and may also need to align with Islamic finance principles where applicable. It serves as both a property sale agreement and a lease agreement, requiring careful structuring to protect both parties' interests and ensure legal enforceability. The document is commonly used in commercial real estate transactions and typically includes comprehensive provisions for property maintenance, insurance, default remedies, and potential repurchase options.
Suggested Sections

1. Parties: Identification of the seller-lessee and buyer-lessor, including full legal names and registration details

2. Background: Context of the transaction, including property ownership status and purpose of the sale and leaseback arrangement

3. Definitions: Key terms used throughout the agreement, including property definition, commencement date, and financial terms

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

5. Leaseback Terms: Core lease conditions including duration, rental amounts, and payment schedules

6. Property Maintenance and Repairs: Responsibilities for maintaining and repairing the property during the lease period

7. Insurance: Requirements for property insurance and allocation of insurance responsibilities

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

9. Assignment and Subletting: Restrictions and conditions for transferring rights under the agreement

10. Termination: Circumstances and procedures for ending the lease agreement

11. Governing Law: Specification of Malaysian law as governing law and jurisdiction

Optional Sections

1. Option to Repurchase: Include when the seller-lessee wants the right to buy back the property under specified conditions

2. Islamic Finance Compliance: Required when the transaction needs to comply with Shariah principles

3. Property Management: Include for complex commercial properties requiring specific management arrangements

4. Environmental Compliance: Necessary for industrial properties or properties with environmental concerns

5. Development Rights: Include when there are potential development opportunities for the property

6. Service Charge Provisions: Required for properties in multi-tenant buildings or complexes

Suggested Schedules

1. Property Description: Detailed description of the property including title details, boundaries, and floor plans

2. Purchase Price Breakdown: Itemized breakdown of the purchase price and payment schedule

3. Rental Schedule: Detailed breakdown of rent payments, including any escalation clauses

4. Condition Report: Documentation of property condition at the time of sale

5. Permitted Use: Detailed specifications of how the property may be used during the lease period

6. Maintenance Schedule: Detailed breakdown of maintenance responsibilities and schedules

7. Required Insurance: Specific insurance requirements and minimum coverage amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



































Clauses






























Relevant Industries

Real Estate

Banking and Financial Services

Manufacturing

Retail

Healthcare

Hospitality

Industrial

Logistics

Education

Commercial Property

Islamic Finance

Relevant Teams

Legal

Finance

Real Estate

Facilities Management

Treasury

Risk Management

Corporate Development

Property Management

Asset Management

Investment

Islamic Banking

Relevant Roles

Chief Financial Officer

Real Estate Director

Property Manager

Legal Counsel

Finance Director

Corporate Treasurer

Facilities Manager

Asset Manager

Investment Director

Property Development Manager

Risk Manager

Islamic Finance Advisor

Commercial Director

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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