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2020-08-28_GENERAL DOCUMENTS - C1980004 (3)
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2020-08-28_GENERAL DOCUMENTS - C1980004 (3)
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Last modified
9/8/2020 12:57:57 PM
Creation date
8/28/2020 12:15:07 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
8/28/2020
Doc Name Note
Hopedale Mining , LLC Case # 20-12043 (GRH)
Doc Name
Bankruptcy Notice
From
Brook Gibson
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
JRS
JDM
CCW
CMM
GRM
Media Type
D
Archive
No
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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 2 of 38 <br />3. Wintrust agreed to lease certain mining equipment to Rhino Energy LLC under the <br />terms of a Master Lease Agreement made as of May 17, 2018 between Wintrust and Rhino Energy <br />LLC (the "Master Lease" and together with all schedules and riders thereto, the "Lease <br />Agreement"). A true and correct copy of the Lease Agreement is attached hereto as Exhibit A-1. <br />4. Pursuant to the Lease Agreement, Wintrust, as lessor, agreed to lease to Rhino <br />Energy LLC, as lessee, the Caterpillar mining equipment (collectively, the "Wintrust Equipment") <br />described as follows: <br />2012 Caterpillar Haul Truck Model 777G, Serial No. RDR00114; <br />2012 Caterpillar Haul Truck Model 777G, Serial No. RDR00115; <br />2012 Caterpillar Haul Truck Model 777G, Serial No. RDR00138; <br />2012 Caterpillar Haul Truck Model 777G, Serial No. RDR00139; and <br />2006 Caterpillar Crawler Dozer Model DI IR, Serial No. 7PZ01485. <br />5. Rhino Energy LLC agreed to lease the Wintrust Equipment from Wintrust for a <br />term of 36 months commencing on June 1, 2018. During the term of the lease, Rhino Energy LLC <br />agreed to make monthly rent payments to Wintrust as follows: <br />I rent payment @ $400,571.12 <br />32 rent payments @ $100,142.78 <br />3 rent payments @ $0.00 <br />(Lease Agreement, Equipment Schedule Series 001, No. 01) <br />6. In addition, for any monthly rent payment not paid within five days of the due date, <br />the Lease Agreement provides that Rhino Energy LLC will pay a late charge equal to 5% of the <br />amount in arrears. (Master Lease at § 2) <br />7. Rhino Energy LLC is also liable for reasonable legal fees and expenses incurred by <br />Wintrust in connection with Rhino Energy LLC's default under the Lease Agreement. (Id. at § <br />16(c)). <br />8. Rhino Resource Partners LP unconditionally guaranteed payment and performance <br />of Rhino Energy LLC's obligations under the Lease Agreement pursuant to a Master Lease <br />2 <br />
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