Net Lease Renewal Options
Q.
What are the Lessee’s renewal term options
under the CRIC Capital net lease program?
A.
The Lessee usually has the right to extend the lease for several renewal terms
at rents equal to the then fair rental value of the property.
Q.
What happens if, during the lease term, the property
becomes uneconomic for continued use in my business?
A.
The CRIC Capital Net Lease gives you the right to sublease the property and
retain any excess rent. In many cases, particularly in multi-property transactions,
you will also have the right to substitute another property of equal value for
the property that is no longer economically useful to you.
Q.
Can I, as the Lessee, have an option to purchase the property?
A.
If the property is not part of a sale-leaseback transaction, you, the Lessee,
can have an option to purchase the property at the end of the lease term. If
the Lessee requests this option, the purchase price will be negotiated on an
individual transaction basis.
As discussed earlier, an option in a sale-leaseback transaction at any price
will constitute a “continuing involvement” under FASB No. 98, and
will therefore jeopardize the Lessee’s “off-balance sheet”
treatment.
Q.
Are there circumstances under which I, the Lessee, can
terminate the lease?
A.
Yes, in the event of a major casualty or condemnation or in the event of a major
environmental problem, the Lessee may elect to terminate the lease by paying
CRIC Capital the unpaid balance of its investment plus a make-whole premium.
This right of termination is usually implemented through CRIC Capital’s
Rejectable Offer Mechanism.
Q.
Will I be giving up the residual value of the
property?
A.
A CRIC Capital net lease transaction can create significant short and long term
financial and tax advantages for your business that far outweigh the benefits
of the residual value of a business property. Equally as important, the future
value of the residual in a property is speculative—being ten to twenty-five
years in the future. The present value of a residual interest can be quite nominal.
For example, the present value of $1,000, twenty years in the future, will be
less than $150 (assuming a 10% discount rate). Contact
CRIC to learn more.