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