2020-08-28_GENERAL DOCUMENTS - C1980004 (3)

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Case 1:20-bk-12043 Doc 303-1 Filed 08/28/20 Entered 08/28/20 11:03:45 Desc Exhibit 1 A-1 and A-2 Page 2 of 38 3. Wintrust agreed to lease certain mining equipment to Rhino Energy LLC under the terms of a Master Lease Agreement made as of May 17, 2018 between Wintrust and Rhino Energy LLC (the "Master Lease" and together with all schedules and riders thereto, the "Lease Agreement"). A true and correct copy of the Lease Agreement is attached hereto as Exhibit A-1. 4. Pursuant to the Lease Agreement, Wintrust, as lessor, agreed to lease to Rhino Energy LLC, as lessee, the Caterpillar mining equipment (collectively, the "Wintrust Equipment") 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 DI IR, Serial No. 7PZ01485. 5. Rhino Energy LLC agreed to lease the Wintrust Equipment from Wintrust for a term of 36 months commencing on June 1, 2018. During the term of the lease, Rhino Energy LLC agreed to make monthly rent payments to Wintrust as follows: I rent payment @ $400,571.12 32 rent payments @ $100,142.78 3 rent payments @ $0.00 (Lease Agreement, Equipment Schedule Series 001, No. 01) 6. In addition, for any monthly rent payment not paid within five days of the due date, the Lease Agreement provides that Rhino Energy LLC will pay a late charge equal to 5% of the amount in arrears. (Master Lease at § 2) 7. Rhino Energy LLC is also liable for reasonable legal fees and expenses incurred by Wintrust in connection with Rhino Energy LLC's default under the Lease Agreement. (Id. at § 16(c)). 8. Rhino Resource Partners LP unconditionally guaranteed payment and performance of Rhino Energy LLC's obligations under the Lease Agreement pursuant to a Master Lease 2