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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 /> executed pursuant to that certain Master Lease Agreement dated as of May 2018 (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 />