2020-08-28_GENERAL DOCUMENTS - C1980004 ‎(7)‎

• Permit No: C1980004
• IBM Index Class Name: General Documents
• Doc Date: 8/28/2020
• Doc Name Note: Hopedale Mining , LLC Case No. 20-12043 ‎(GRH)‎
• Doc Name: Objection of Wintrust Commercial Finance to Sale Motion & Equipment Lease Cure Cost
• From: Brook Gibson
• To: DRMS
• Permit Index Doc Type: General Correspondence
• Email Name: JRS
• Email Name: JDM
• Email Name: CMM
• Email Name: GRM
• Email Name: CCW
• Media Type: D
• Archive: No

Case 1:20-bk-12043 Doc 303 Filed 08/28/20 Entered 08/28/20 11:03:45 Desc Main
Document Page 2 of 13
Costs (the "Notice of Cure Costs") (Dkt. No. 236) of the above -captioned debtors and debtors in
possession (collectively, "Debtors"). In support of its Objection, Wintrust states as follows:
BACKGROUND
1. Rhino Energy LLC and Wintrust are parties to a Master Lease Agreement made as
of May 17, 2018 (together with all schedules, riders and addenda thereto, the "Lease Agreement")
under which Wintrust agreed to lease certain mining equipment (collectively, the "Wintrust
Equipment") to Rhino Energy LLC described as follows:
2012 Caterpillar Haul Truck Model 777G, Serial No. RDR00114;
2012 Caterpillar Haul Truck Model 777G, Serial No. RDR00115;
2012 Caterpillar Haul Truck Model 777G, Serial No. RDR00138;
2012 Caterpillar Haul Truck Model 777G, Serial No. RDR00139; and
2006 Caterpillar Crawler Dozer Model D11R, Serial No. 7PZ01485.
2. Rhino Resource Partners LP unconditionally guarantees payment and performance
of Rhino Energy LLC's obligations under the Lease Agreement pursuant to a Master Lease
Guaranty dated as of May 17, 2018 given by Rhino Resource Partners LP in favor of Wintrust (the
"Guaranty"). Copies of the Lease Agreement and the Guaranty (collectively, the "Lease
Documents") are attached as Exhibits A-1 and A-2 to the Declaration of Paul Hallauer in Support
of Objection of Wintrust Commercial Finance to Sale Motion [Dkt. No. 26] and Equipment Lease
Cure Amount [Dkt. No. 236] (the "Hallauer Decl.") submitted herewith as Exhibit 1.
3. Pursuant to the Lease Agreement, Wintrust agreed to lease the Wintrust Equipment
to Rhino Energy LLC for a term of 36 months and Rhino Energy LLC agreed to make monthly
rent payments to Wintrust commencing on June 1, 2018 and continuing on the first day of each
month thereafter during the term of the lease as follows:
1 rent payment @ $400,571.12
32 rent payments @ $100,142.78
3 rent payments @ $0.00
2