Laserfiche WebLink
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 30 of 38 <br /> WINTRUST COMMERCIAL FINANCE <br /> RIDER NO. 2 TO EQUIPMENT SCHEDULE SERIES 001 NO. 01 <br /> 1� <br /> To and part of Equipment Schedule Series 001 No. 01 dated as of the, day of May, 2018(the"Schedule"), executed <br /> pursuant to that certain Master Lease Agreement dated as of the 1Z day of May, 2018 (the "Lease"), each between <br /> WINTRUST COMMERCIAL FINANCE, a division of Wintrust Asset Finance Inc., its successors and assigns ("Lessor"), <br /> and Rhino Energy LLC, its successors and permitted assigns ("Lessee"). <br /> As used herein, "Equipment" shall mean the Equipment described on all Schedules of this series. Section 13 of the <br /> Lease remains applicable in the event that Lessee does not irrevocably exercise its options pursuant to this Rider. <br /> SPECIAL OPTION TO PURCHASE. Provided that no Default or Event of Default has then occurred, Lessee shall <br /> have the option to purchase, on December 1._2020 (the "Early Termination Date"), all but not less than all of the <br /> Equipment upon the following terms and conditions: If Lessee desires to exercise this option it shall give Lessor <br /> irrevocable written notice of its election to purchase at least thirty (30) days and not more than ninety (90) days before the <br /> Early Termination Date with respect to the first Schedule of this series to terminate in accordance with its terms. Such <br /> election shall be effective with respect to all Equipment leased under all Schedules of this series. On the Early <br /> Termination Date with respect to each Schedule, Lessee shall pay to Lessor in cash any Rent due on that date plus the <br /> purchase price for the Equipment so purchased, determined as hereinafter provided. The purchase price of the <br /> Equipment shall be an amount equal to Twenty and 11/100 (20.11) percent of the original Total Invoice Cost of the <br /> Equipment (as specified on this Schedule), together with all taxes and charges upon sale. Lessor and Lessee agree that <br /> the purchase price represents a reasonable prediction of the Fair Market Value of the Equipment at the time the option is <br /> exercisable. <br /> Notwithstanding any election of Lessee to purchase, the provisions of the Lease shall continue in full force and effect <br /> until the passage of ownership of the Equipment upon the date of purchase. On the date of purchase, Lessor shall deliver <br /> to Lessee a bill of sale transferring and assigning to Lessee without recourse or warranty, except (with respect to the <br /> status of title conveyed) in respect of Lessor's acts, all of Lessor's right, title and interest in and to the Equipment. Lessor <br /> shall not be required to make and may specifically disclaim any representation or warranty as to the condition of the <br /> Equipment or any other matters. <br /> WINTRUST COMMERCIAL FINANCE, a division of <br /> Wintrust Asset Finance Inc. Rhino Fner y LAC <br /> Lessor Lessee <br /> By:_ "e— By: <br /> Name:_Ryan Bgrl�g? Name:Wendell Scott Morris <br /> SVP-Credit Manager <br /> Title: Title: Vice President and CFO <br /> AJM 3087919.0 5/3/2018 2:40 PM:EBO <br />