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(gg) Promissory Note dated July 9. 2003.in the amount of 3597,597.47 from Rock & <br />Rail to Union Pacific Railroad Company (approximate balance as of <br />December 3l, 2003 is 5580.000), and Scttlement Agreement dated July 9, 2003, <br />between Union Pacific Railroad Company and Rock & Rail. <br />(hh) Off-Site Rental Agreement dated October 8, 2003 between Mobile Mini, LLC. <br />and Rock & Rail. <br />(ii) Locomotive Lease Aereement dated as of July 1, 2003 between Western Rail. <br />lnc. and Rock & Ratl, as amended by Amendment to Lease dated as of August 1, <br />2003, and as further amended by letter agreement dated December 29, 2004 <br />(sic). <br />(jj) Tank Lease dated with Airgas Intermountain, [nc. <br />The Companies are alleged to be in default under several of their Contracts, including, <br />without limitation, the following: <br />AGILE: <br />L[NC Documents: <br />(a) As of September 10. 2002. LILAC had notified COMAT, Agile and Rock & Rail <br />in writing of the existence of cenain breaches, defaults, and Events of Default <br />under (and as defined in) the ZINC Loan Agreement and other related <br />agreements, including (a) the Mottgage, Security Agreement, Assignment, <br />Financing Statement and Fixture Filing dated as of December 10, 1998 from <br />Agile to U.S. Bank National Association (purchased from U.S. Bank National <br />Association on March 20, 2002 by LINC), (b) the LINO 35,500,000 Noce, and <br />(c) the LILAC 3750,000 Noce. <br />2. Accounts Payable: The Contracts underlying the delinquent accoun[s payable set forth <br />on Schedule 4.ti(a) (Company Deb[ Obligations). <br />3. Other Agreements: <br />(a) Royalty Deed and Agreement dated as of April 28, 2000 among Agile, COMAT <br />and Mitchell E. Albert. <br />(b) MetsolSvedala Settlement Agreement <br />(c) Promissory Note dated May 24, 2001 in the amount of 32,000,000 from Agile to <br />Landco Investments, LLC, Randle W. Case lI. Lindsay Case and Stephan J. <br />Meylen. <br />(d) U.S. Bancorp Maser Lease Agreements <br />(e) U.S. Bancorp Security Agreement (change in present management is an event of <br />default) <br />ROCK & RAIL <br />I. LILAC Documents: <br />(a) As of September 10, 2002, LINC had noufted COMAT, Agile and Rock & Rail <br />in writing of the existence of cenain hreaches, defaults, and Events of Default <br />under (and as defined in) the LINC Loan agreement and other related <br />agreements, including (a) the Monsarr, Security Agreement, Assignment, <br />a; <br />