After a tumultuous start to 2020, the sale and leaseback market has been one of the most active sectors of the Commercial Real Estate market. Sale and leaseback transactions are worthwhile considerations for companies looking to pull-back or reallocate capital. Don’t miss this chance to explore common transaction structures, purchase contract issues, key tax issues and receive an inventory of tips, tricks and negotiation points.
1.00pm to 2.00pm Sale and Lease Back Arrangements
- Commercial rational for sale and leaseback transactions including discussion of key/unique commercial considerations
- Discussion of common transaction structures (operating v finance lease)
- Purchase contract issues: including due diligence, passing of risk, environmental risk, cross default, warranties and CAPEX
- Lease terms: issues with triple net leases, outgoings, repair, alterations, insurance, assignment, make good, rent review structuring, reporting obligations and buy-back options
- Discussion of tips, tricks and key negotiating points
- Tax issues: including stamp duty, GST and capital gains tax implications
- Addressing issues with existing occupiers
Presented by Benjamin Adams; Senior Associate, Baker McKenzie (Melbourne);former lead deal counsel at Intermediate Capital Group plc (London)'s Sale and Leaseback Fund; NSW Young Property Lawyer of the Year, Law Council of Australia, NSW Division, 2015; former member of the NSW Law Society's Property Law Committee
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Mr. Benjamin Adams, Senior Associate, Baker McKenzie
Benjamin is a Senior Associate in Baker McKenzie's Commercial Real Estate Group in Melbourne and vice-chair of the ANREV Young Professionals Working Group. In his role as former lead deal counsel at FTSE 100 listed private equity firm Intermediate Capital Group plc's Sale and Leaseback Fund, Benjamin advised on the acquisition (via sale and leaseback), finance and asset management of alternative real estate assets across Europe, including logistics, industrial, retail and life science assets. Major transactions included the sale, leaseback and forward fund of Jaguar Land Rover's global parts and distribution facility being Europe's largest ever single occupier logistics park. Now back in private practice, Benjamin advises on the legal aspects of commercial property transactions with a focus on cross-border capital markets. He works with major listed and unlisted property funds, pension funds, large developers and major corporate tenants across a range of asset classes but predominately focused on the healthcare and life sciences sectors. He is based in Baker McKenzie's Melbourne office and has previously worked in Baker McKenzie's Sydney and London offices.
This seminar is part of a series
Unique Lease Structures: Sale and Lease Back, Disclaimer and Franchise
Friday, 1 September 2023
Expand your professional toolbox by taking a closer look at some of the more specialised areas of leasing. Examine potential complications, rights and negotiating terms in franchise leases, review sale and lease back arrangements and consider your options in instances of disclaimer of leases by liquidators in this unique leasing series. When these types of leasing arrangements come across your desk, don’t let them be your weak spot.
Description
Attend the full series and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
View series listing
