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 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 /> 1 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 />