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 3 of 38 Guaranty dated as of May 17, 2018 given by Rhino Resource Partners LP in favor of Wintrust. A true and correct copy of the foregoing Master Lease Guaranty is attached hereto as Exhibit A-2. 9. The Lease Agreement is and has been treated by the parties as a true lease. 10. As of the date of this Declaration, Rhino Energy LLC owed Wintrust the following amounts under the Lease Agreement: August Rent Payment $100,142.78 Late Charge $ 5,007.14 Legal fees and expenses (including estimate through assumption) $ 26,675.50 Total Monetary Cure Amount $ 131,825.42 11. Based on discussions with Rhino Energy LLC, Wintrust does not anticipate that Rhino Energy LLC will timely pay the September 1, 2020 rent payment due under the Lease Agreement. 12. Wintrust has determined, by a site inspection of the Wintrust Equipment on July 28, 2020, that certain Wintrust Equipment was in use by Rhino Energy LLC as of the inspection date and that Rhino Energy LLC is in default of certain maintenance obligations under the Lease Agreement. 13. Section 7(a) of the Master Lease provides: Lessee shall ... operate, maintain, service and repair the Equipment, and maintain all records and other materials relating thereto, (A) in accordance and consistent with (i) the Supplier's recommendations and all maintenance and operating manuals or service agreements, whenever furnished or entered into, including any subsequent amendments or replacements thereof, issued by the Supplier or service provider, (ii) the requirements of all applicable insurance policies, (iii) the Supply Contract, so as to preserve all of Lessee's and Lessor's rights thereunder, including all rights to any warranties, indemnities or other rights or remedies, (iv) all applicable laws (and shall make all modifications required by applicable laws), and (v) the prudent practice of other similar companies in the same business as Lessee, but in any event, to no lesser standard than that employed by Lessee for comparable equipment owned or leased by it; and (B) without limiting the foregoing, so as to cause the Equipment to be in good repair and operating condition and in at least the same condition as when delivered to Lessee hereunder, except for ordinary wear and tear resulting despite Lessee's full compliance with the terms hereof ... 3