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200106125
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200106125
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Last modified
10/14/2011 6:06:00 AM
Creation date
10/20/2005 9:10:32 PM
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DEEDS
Inst Number
200106125
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200106125 <br />2. There are no modifications, amendments or supplements to the Lease Documents or the <br />Guaranty which relate to the Equipment; and any future modification, termination, amendment or <br />supplement to the Lease Documents or the Guaranty which relate to the Equipment, or settlement <br />of amounts due thereunder which relate to the Equipment, shall be ineffective without Assignee's <br />prior written consent. <br />There has been no prepayment of any amounts with respect to the Lease. <br />4. The first Rental Amount due and payable by Lessee under the Lease for the Original <br />Rental Term was September 1, 1999 and the final Rental Amount for the Original Rental Term <br />will be due and payable by Lessee on August 1, 2009. <br />5. Lessee and Guarantor acknowledge and agree that: (i) except for Lessor's acting as <br />servicer on behalf of Assignee for billing and collecting amounts due under the Lease, Lessee and <br />Guarantor will deal exclusively with respect to the Equipment with Assignee, and Lessee and <br />Guarantor will deliver to Assignee at the address listed above copies of all notices and other <br />communications given or made by Lessee and /or Guarantor with respect to the Equipment; (ii) if <br />Assignee notifies Lessee of the termination of Lessor's servicing duties, Lessee will deliver all <br />payments made by Lessee to Assignee at the address listed above; (iii) so far as enforcement of <br />the Lease is concerned, notwithstanding the existence of other obligations under the Lease <br />Documents, Lessee's obligations hereunder with respect to the Equipment are separate and <br />severable, and Assignee may take enforcement action independently of other parties having an <br />interest in the Lease Documents; and (iv) Lessee and Guarantor will execute such other <br />instruments and take such actions as Assignee reasonably may require to further confirm the sale, <br />assignment, and transfer by Lessor to Assignee. <br />6. Lessee has not incurred, created, or allowed to exist, any lien, encumbrance or attachment <br />of any kind upon or affecting the Equipment or granted any security interest in the Lease as it <br />relates to the Equipment. <br />7. Neither Lessee nor Guarantor has received notice of a prior sale, transfer, assignment, <br />hypothecation or pledge of the Lease Documents or the Equipment. <br />8. All representations and duties of Lessor intended to induce Lessee and Guarantor to enter <br />into the Lease Documents and Guaranty, whether required by the Lease Documents or otherwise, <br />have been fulfilled, and the Equipment has been delivered, installed, and is currently located on <br />the Land and has been inspected, approved, and accepted by Lessee. <br />9. Guarantor acknowledges and agrees that the Guaranty remains in full force and effect <br />notwithstanding the assignment to Assignee. Guarantor also acknowledges and agrees that the <br />Guaranty may be enforced by Assignee against Guarantor with respect to all present and future <br />obligations and liabilities of Lessee to Assignee under the Lease Documents as if the Guaranty <br />were addressed directly to, and issued for the benefit of, Assignee. <br />
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