Armin Hohenadler

Ironman/Ultraläufer

Archive for September, 2021

Confidentiality Agreement Gdpr

Posted by armin on 15th September 2021

For example, only disclose what is absolutely necessary and provide progressive disclosure to prevent everything from being disclosed in advance. CONSIDERING that the term „confidential information“ includes, inter alia, information disclosed orally, in writing or electronically by the parties (without necessarily being „confidential“): (a) information concerning undertakings or associated enterprises of a group or information relating to employees or any other natural or legal person related to them; (b) all financial data relating to the main agreement, which are used exclusively for the purposes of cooperation, c) all information, such as data and details of the organisation, financial policies, business plans and strategies, partnerships and investments of companies and/or associated companies, which are obtained by the parties in any way and in any form (written, electronic or oral) and which are not necessarily labelled as „confidential“. Often, confidentiality agreements or confidentiality agreements (INAs) are considered a standard part of business activity and are often signed by companies without much legal verification….

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Commercial Leaseback Agreement

Posted by armin on 15th September 2021

We gather your complete due diligence package, including an asset presentation and a number of recommendations. Our commercial real estate specialists can monitor the due diligence for your contract and the preparation provided for in Article 32 (through the seller`s preferred lawyer). In addition, we can recommend and engage external specialists with regard to: a lease agreement is a contract by which the entity selling an asset can repay that asset to the buyer. In the case of a leaseback – also known as a „sale-leaseback“, the details of the agreement, such as lease payments and the duration of the lease, take place immediately after the sale of the asset. In the case of a sale-sale transaction, the seller of the asset becomes a lessee and the buyer a lessor. There are many examples of bankruptcies in corporate finance. However, a classic example, easy to understand, is found in the vaults that assist us commercial banks to keep our valuables. At first, a bank has all the physical safes in its cellars. The bank sells the safes to a leasing company at the market price, which is significantly higher than the book value.

The leasing company will then offer these safes to the same banks for long-term rental purposes. The banks, on the other hand, rent us these safes, their customers. Our commercial real estate team monitors your sale and rental transaction throughout the billing period. We also check, calculate and report all agency fees incurred and make a comparison of marketing costs and refunds. We ensure that all transfer documents are executed by both parties as required and participate in the counting and confirmation of the conclusion. Our commercial real estate team will conduct a comprehensive review of the proposed rental terms to ensure they match client properties and maximize price potential. We will then conduct a rent analysis, supported by solid evidence, and a review of similar agreements in the commercial real estate market. The most common users of sale-leasebacks are project owners or companies that have expensive capital goods – such as real estate, land or expensive large equipment. This is why leasebacks are common in the construction and transportation sectors as well as in the real estate and aerospace sectors. Finally, an entity considering a sale balance should also perform a sensitivity analysis using after-tax cash flows on the lease relative to the property.

Residual value (the value of the property at the end of the lease period) should be considered a residual value and the entity should use its weighted average cost of capital (also known as the weighted required return) as the discount rate. A sale-and-leaseback is usually a commercial real estate transaction in which one party, often a business, sells its corporate real estate to another party, for example. B an institutional investor or a Real Estate Investment Trust (REIT), then re-leases the property at a rental price and a rental term acceptable to the new investor/lessor. The lease term and lease price are based on the financing costs of the new investor/lessor, the credit quality of the lessee and the market return, based on the initial cash investment of the new investor/lessor. Our team of commercial real estate experts will work closely with our client to understand: In order to continue to protect the interests of the owner/resident (now tenant), sale-lease agreements may include a lease renewal option or, on occasion, the contract contains a buy-back option for the owner/resident (now the tenant) to redeem the property. We conduct an objective price assessment based on current conditions in the commercial real estate market. The concept of „leaseback“ has also extended to industry, mainly for industrial facilities. A company sells some of its equipment to a lessor, for example. B a bank or other financial institution that re-leases the equipment to the enterprise.

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Codeshare Agreements Explained

Posted by armin on 14th September 2021

Bottom Line: Keeping an overview of codeshare upgrade rules can be confusing. Typically, you can`t upgrade codeshare flights with marketing company miles. Depending on the exact conditions of the exporting airline, you can use the miles of the exporting airline to upgrade your flights, if you have the right to do so. Finally, how do you know if you`re on a codeshare flight? For flights to and from the United States, airlines must notify their passengers when using a codeshare service. Most airlines sell the ticket as „flight XX123, operated by XYZ“ In essence, codeshare agreements serve as insurance for travelers who can be re-inflated to an alternative flight in the event of an operational hiccup. China Eastern is part of the SkyTeam alliance, while Japan Airlines is a member of Oneworld. However, as China Eastern and Japan Airlines have codeshare agreements, enjoy the elite benefits on the China Eastern flight if you have Japan Airlines elite status! When a flight is sold under multiple identification and flight numbers, as described above, the flight published by the „administration company“ is usually referred to as „Prime Flight“ (unlike a codeshare marketing flight). Bottom Line: It can be confusing to see the difference between a codeshare flight and a normal flight. The best way to find out if you`re on a codeshare flight is a flight tracking site like Flightstats. Alternatively, a good, but not foolproof, proxy to determine whether a flight is indeed codeshare or not, is to compare the format of the flight number with that on similar routes. In general, there are 3 types of code-sharing relationships or agreements. Simply put, you can collect miles from Japan Airlines on Alaska Airlines, China Eastern, Emirates, Hawaiian Airlines, Korean Air, and other non-allied partners by booking the right codeshare flights. But don`t worry.

In this guide, we talk about code sharing and interline agreements. First we will describe what exactly it is. Next, we`ll discuss how you can determine whether or not you`re using code sharing. Finally, we show you why you should be interested in code sharing. Start. A codeshare agreement is the next step in cooperation between airlines. This is when two airlines realize that cooperation has value and decide that they want to place their „codes“ on each other`s flights. Typically, the main advantage is that it attacks the activities of airlines that are in a codeshare agreement. But there are a few pitfalls when booking a codeshare route. Bottom Line: Ideally, before you book, you should know if your flight is a codeshare flight.

If not, you should have done at least some research on your flight in order to find out which aircraft it is and what type of product it contains exactly. If you don`t, you could be very disappointed. It`s quite difficult to untnowingly book a codeshare flight with points and miles. That said, it`s important to be able to know if you`re on a codeshare flight. The main reason you want to know if you are on a codeshare flight is to confirm what kind of business/first class product you are flying with. Codeshare and line spacing agreements were invented to provide comfort and cost benefits to customers. Since the invention of the internet, e-ticketing and online travel agencies, literacy in both areas has declined. In the example below, the codeshare agreement between British Airways and American Airlines between London-Heathrow and Johannesburg is the exporting airline. You are the airline that actually flies the planes, provides cabin crew and transports passengers to South Africa.

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China And Japan Trade Agreement

Posted by armin on 14th September 2021

A trilateral investment was signed by the three nations. [2] An agreement would promote the integration of Asian economies. All of Asia and the rest of the world economy would benefit from their close and progressive trade relations. [3] China is currently the largest trading partner of Japan and South Korea, and Japan and South Korea are China`s second and third largest trading partners, respectively. At the eighth China-Japan-ROK meeting of heads of state and government last year, the leaders of the three sides said they will work hard to create a free, fair, non-discriminatory, transparent, predictable and stable trade and investment environment, and keep markets open. After signing the agreement with reporters, Commerce Minister Hiroshi Kajiyama said 15 countries were trying to quickly complete national procedures and implement the pact „as soon as possible.“ To avoid being isolated from the United States. In international trade, China should actively promote trade liberalization and globalization, integrate more into international markets, and establish closer economic ties with more countries. At present, a free trade bloc of developed economies, led by the United States, is beginning to take shape. The United States and Japan concluded a trade agreement on tariff concessions in October 2019.

Members of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) such as Canada, Australia and New Zealand have expressed interest in joining the pact, increasing the prospect of a huge trans-Pacific and transatlantic free trade agreement with more than 40 countries in Asia, Europe and North America. This will be Japan`s first trade deal, both with China, its largest trading partner, and with South Korea, as negotiations on a trilateral pact have not yet been completed. The fifteenth round table took place in Tokyo from 9 to 12 April 2019. [5] „This round of negotiations is the first after the three parties reached consensus on comprehensive acceleration negotiations. The three sides held a meeting of the chief negotiators, a consultation of the Directors-General and 13 sub-conferences on specific topics, reached a positive consensus on methods and ways to negotiate the relevant issues and clarified the working modalities for the next step. The three sides unanimously agreed to further increase the level of trade and investment liberalization, based on the consensus established in the Regional Comprehensive Economic Partnership (CEP) agreement in which the three sides participated, and to incorporate high standards in order to create an RCEP Plus Free Trade Agreement. „- fta.mofcom.gov.cn[6] It has been speculated that negotiations will accelerate on the basis of the US government`s current `trade war` with China. . . .

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Carry Agreement Oil And Gas

Posted by armin on 14th September 2021

Participation agreements: the NOC is „supported“ by an International Oil Company (IOC). The NOC weighs on the IOC by not fully compensating the IOC for the risks assumed during exploration or commercial discovery. The IOC is facing significant losses and therefore needs greater success to compensate for this situation based on the NOC`s share in the joint venture. However, the IOC takes advantage, for example, of the fact that it has the NOK as a partner when confronted with nationalist treats. In addition to the farm-out compliance structures mentioned in the AIPN model, oil and gas companies are becoming increasingly commercially creative. Counterpart structures may include, for example, that the new model aipn agreement refers to the capping of the cost of transferred labour that the farmer must pay, which is a point of commercial negotiation. If there is no cap, the parties may want to clearly define what is and what is not and how decisions that may affect costs will be made. For example, the parties may negotiate whether or not the unforeseen costs of cleaning up the environment following a spill are within the scope of unlimited transportation. Parties may also wish to consider how third parties, such as.B drilling companies, will be mandated and paid. Any producer who carries out a transport also wants to ensure that transport payments can be set off (or recovered) with the rate applicable to its tax liabilities, which may affect the structure and organisation of payment rules. (v) Should the carry be used for a given period of time? In June 2019, the Association of International Petroleum Negotiators (APPOINTING) published a revised version of its model form for an international farm-out agreement.

The publication of this new model agreement reflects the increasing sophistication and continuous evolution of the agricultural market. In our experience, parties to farm-out agreements focus their due diligence activities and negotiations (in addition to the counterparty structure) on key issues such as: Traditional concession contracts before 1940 were granted to large territories, sometimes to the whole country, for example. B Iraq. These grants were long-term (50 to 99 years). The IOC had complete discretion and control to explore and whether or not to develop a particular field. For some transactions, the counterparty is limited to financial payments (as a lump sum and/or as a routine obligation to finance part or all of the farm`s share of the costs – known as a „carry“). Farm-out agreements do not usually consist of a contractual vacuum. When there is more than one owner of an asset, they usually settle their relationship with that asset under a joint venture agreement.

Farm-out agreements should take into account these agreements relating to joint operations (as well as current legislation and all other relevant contracts) and interact with them in an appropriate manner in order to avoid inconsistencies and minimise the chances of litigation.. . . .

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