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Case 1:20-bk-12043 Doc 303-1 Filed 08/28/20 Entered 08/28/20 11:03:45 Desc <br />Exhibit 1 A-1 and A-2 Page 23 of 38 <br />WINTRUST COMMERCIAL FINANCE <br />EQUIPMENT SCHEDULE SERIES 001 NO. 01 <br />/P <br />executed pursuant to that certain Master Lease Agreement dated as of May (the "Lease"; which is <br />incorporated herein by reference). This Equipment Schedule, incorporating by referen a the terms and conditions of the <br />Lease, constitutes a separate instrument of lease. To the extent of any conflict or inconsistency between the terms of this <br />Equipment Schedule and the Lease, the terms of this Equipment Schedule shall prevail. <br />1. EQUIPMENT. The Equipment leased hereunder shall be as set forth in the schedule attached hereto. <br />TOTAL INVOICE COST: $3,650,000.00 <br />2. TERM. Upon and after the date of execution hereof, the Equipment shall be subject to the terms and conditions <br />provided herein and in the Lease. <br />A full term of lease with respect to said Equipment shall commence on the date hereof and shall extend for Thirty- <br />six (36) months after the First day of June, 2018 (the "Base Lease Commencement Date"). <br />3. RENT. <br />(a) During the period from the date hereof to the Base Lease Commencement Date (the "Interim Term"), the pro- <br />rated daily rent for said Equipment shall be $3,338.10 per day; computed as 0.091455% of the Total Invoice Cost <br />specified above. This pro -rated payment shall be made on the last day of the month for each month during the Interim <br />Term. This pro -rated payment shall be made on the Base Lease Commencement Date. <br />(b) From and after the Base Lease Commencement Date, the monthly rent for said Equipment during the term of <br />this Lease shall be $100,142.78 computed as 2.743638% of the Total Invoice Cost specified above. <br />Rent payments shall be made, in advance, in the amounts below due on the Base Lease Commencement Date. <br />1 @ $400,571.12 <br />32 @ $100,142.78 <br />3 @ $ 0.00 <br />If a Rent or other payment to Lessor under this Equipment Schedule becomes due and payable on a day other than a <br />business day, such payment date shall be extended to the next succeeding business day. <br />4. LESSEE'S CONFIRMATION. Lessee hereby confirms and warrants to Lessor that the Equipment: (a) was duly <br />delivered to Lessee at the location specified in Section 5 hereof; (b) has been received, inspected and determined to be in <br />compliance with all applicable specifications and that the Equipment is hereby accepted for all purposes of the Lease; and <br />(c) is a part of the "Equipment" referred to in the Lease and is taken subject to all terms and conditions therein and herein <br />provided. Lessee hereby represents and warrants to Lessor that, as of the date hereof, there is no Default or Event of <br />Default under any Schedule or any other Lease Document (as such terms are defined in the Lease). <br />5. LOCATION OF EQUIPMENT. The location of the Equipment (or the location of the principal garage of the <br />Equipment, if the Equipment is mobile) is specified on the Schedule of Equipment attached hereto. <br />6. TAX ATTRIBUTES. The class of property to which the Equipment is assigned (as referenced in Section 14(b)(2) <br />of the Lease) is 5 -year property for CAT Dozer and 8 -year property for CAT Haul Trucks and the special depreciation <br />allowance (as referenced in Section 14(b)(2) of the Lease) is 100% of the Total Invoice Cost. <br />7. COMMERCIAL LIABILITY INSURANCE. The amount of commercial liability insurance referenced in Section 11 of <br />the Lease is $10,000,000.00. <br />AJM 3087556 v.1 5/17/2018 3:07 PM: TL <br />