Enforceability and Governing Law. Any provision of this Lease which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof, and any such unenforceability in any jurisdiction shall not render unenforceable such provisions in any other jurisdiction. To the extent permitted by applicable law, Lessee hereby waives any provisions of law which render any provision hereof unenforceable in any respect. Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given. Time is of the essence in this Lease. The captions in this Lease are for the convenience only and shall not define or limit any of the terms hereof. THIS LEASE SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA LESSEE HEREBY CONSENTS AND SUBMITS TO THE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF ITS OBLIGATIONS HEREUNDER, AND EXPRESSLY WAIVES ANY OBJECTIONS THAT IT MAY HAVE TO THE VENUE OF SUCH COURTS. LESSEE HEREBY EXPRESSLY WAIVES TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS LEASE. Any action by Lessee against Lessor for any cause of action under this Lease shall be brought within one year after any such cause of action first occurs. Attached to and made part of the following documents: Master Equipment Lease Agreement, #97-020 dated April 21, 1997, between Riviera Finance East Bay ("Lessor") and On Village Communications, Inc. ("Lessee"). QUANTITY DESCRIPTION SERIAL # AMOUNT 1 Sony Pentium 20 - 200mhz 2103378 $ 1,799.00 1 Hitaxxx Xx00XX EJ025880859 $ 1,999.00 2 Xxxxxxxx Xxxxxx X/X $ 399.98 1 HP Laserjet 6MP USBB051303 $ 869.00 1 Mustek Color Scanner HWF94FSA2 $ 369.00 1 Hitaxxx Xx00XX EJ025880140 $ 1,924.00 1 Hitaxxx Xx00XX EJ025880162 $ 1,924.00 1 Hitaxxx Xx00XX EB035880020 $ 1,924.00 3 Xxxxxxxx Xxxxxx X/X $ 599.97 1 Alp Glidepoint Keypad 00A4004995G $ 119.00 1 Tech Media - 200mhz TCP0002174 $ 1,499.00 1 Tech Media - 14" monitor DJ60703668 $ 179.00 1 Cardinal Modem N/A $ 184.99 1 Hitaxxx Xx00XX EJ025880173 $ 1,964.00 1 NPR 000 ARE6A96450016 $ 3,054.95 1 Compaq Notebook 268150005 $ 3,059.98 1 Epson Printer and zip drive 1F8E623688 $ 686.93 1 Nextstep workstation CUSTOM $ 7,933.00 1 *Voyager storage array 970430137/00 $67,357.30 1 G5-133 Pro Pentium PC 7007261 $ 1,678.00 1 G5-133 Pro Pentium PC 7007262 $ 1,678.00 1 G5-133 Pro Pentium PC 7007263 $ 1,678.00 1 M55-166 Mini Tower 848106-0004 $ 1,549.00 1 M55-166 Mini Tower 848106-007 $ 1,549.00 1 M55-166 Mini Tower 848106-0030 $ 1,549.00 1 M55-166 Mini Tower 848106-0026 $ 1,549.00 1 Hitaxxx Xx00XX EB035880009 $ 1,999.00 TOTAL $111,075.10 ALL EQUIPMENT WILL BE LOCATED AT THE FOLLOWING ADDRESS: On Village Communications, Inc. *STORAGE ARRAY IS AT: 848 X. Xx Xxxxxxx Xxxd., Suite 206 NETWORK PUBLISHING Los Xxxxxxx, XX 00000 ONE XXXX XXXXXX XX., XXXXX 000 XXXXX, XX 00000 XXVIERA FINANCE EAST BAY ON VILLAGE COMMUNICATIONS, INC. By: /s/ STEVX X. XXXXXXXXX By: /s/ ROBEXX X. XXXXXX ----------------------------- ------------------------------------ Name: Stevx X. Xxxxxxxxx Name: Robexx X. Xxxxxx Xxxle: Senior Vice President Title: President Xxxxxx: Xx Village Communications, Inc. Address: 848 X. Xx Xxxxxxx Xxxd., Suite 206 Los Angeles, CA 90069 Telephone: (310) 000-0000 1. Lessor and Lessee have entered into a Master Equipment Lease Agreement dated as of April 21, 1997, including this Lease Schedule (collectively, the "Lease"), pursuant to which Lessor and Lessee have agreed to lease the equipment described in Schedule A hereto (the "Equipment"). Lessee reaffirms all of its representations, warranties and covenants set forth in the Lease, all of the terms and provisions of which are incorporated herein by reference, as of the date hereof and further certifies to Lessor that Lessee has selected the Equipment and has received and approved the purchase order, purchase agreement or supply contract under which the Equipment will be acquired for purposes of this Lease. To the extent necessary to protect Lessor's interest in the Equipment, Lessee grants to Lessor a first priority security interest in the Equipment. 2. The assumed Acquisition Cost of the Equipment is: $500,000.
Appears in 1 contract
Samples: Master Equipment Lease (On Village Communications Inc)
Enforceability and Governing Law. Any provision of this Lease Agreement or any Note which is unenforceable in any jurisdiction shall, as to such jurisdiction, shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof, and any such unenforceability in any jurisdiction shall not render unenforceable such provisions in any other jurisdiction. To the extent permitted by applicable law, Lessee Debtor hereby waives any provisions of law which render any provision hereof unenforceable in any respect. Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given. Time is of the essence in this Leaseessence. The captions in this Lease Agreement are for the convenience only and shall not define or limit any of the terms hereof. THIS LEASE AGREEMENT AND EACH NOTE SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA LESSEE RHODE ISLAND. DEBTOR HEREBY CONSENTS AND SUBMITS TO THE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA RHODE ISLAND AND THE FEDERAL DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF ITS OBLIGATIONS HEREUNDERHEREUNDER OR UNDER THE NOTES, AND EXPRESSLY WAIVES ANY OBJECTIONS THAT IT MAY HAVE TO THE VENUE OF SUCH COURTS. LESSEE DEBTOR HEREBY EXPRESSLY WAIVES TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS LEASEAGREEMENT OR ANY NOTE. Any action by Lessee Debtor against Lessor Secured Party for any cause of action under this Lease Agreement or any Note shall be brought within one year after any such cause of action first occurs. Attached to and made part of the following documents: Master Equipment Lease Agreement, #97-020 dated April 21, 1997, between Riviera Finance East Bay ("Lessor") and On Village Communications, Inc. ("Lessee"). QUANTITY DESCRIPTION SERIAL # AMOUNT 1 Sony Pentium 20 - 200mhz 2103378 $ 1,799.00 1 Hitaxxx Xx00XX EJ025880859 $ 1,999.00 2 Xxxxxxxx Xxxxxx X/X $ 399.98 1 HP Laserjet 6MP USBB051303 $ 869.00 1 Mustek Color Scanner HWF94FSA2 $ 369.00 1 Hitaxxx Xx00XX EJ025880140 $ 1,924.00 1 Hitaxxx Xx00XX EJ025880162 $ 1,924.00 1 Hitaxxx Xx00XX EB035880020 $ 1,924.00 3 Xxxxxxxx Xxxxxx X/X $ 599.97 1 Alp Glidepoint Keypad 00A4004995G $ 119.00 1 Tech Media - 200mhz TCP0002174 $ 1,499.00 1 Tech Media - 14" monitor DJ60703668 $ 179.00 1 Cardinal Modem N/A $ 184.99 1 Hitaxxx Xx00XX EJ025880173 $ 1,964.00 1 NPR 000 ARE6A96450016 $ 3,054.95 1 Compaq Notebook 268150005 $ 3,059.98 1 Epson Printer and zip drive 1F8E623688 $ 686.93 1 Nextstep workstation CUSTOM $ 7,933.00 1 *Voyager storage array 970430137/00 $67,357.30 1 G5-133 Pro Pentium PC 7007261 $ 1,678.00 1 G5-133 Pro Pentium PC 7007262 $ 1,678.00 1 G5-133 Pro Pentium PC 7007263 $ 1,678.00 1 M55-166 Mini Tower 848106-0004 $ 1,549.00 1 M55-166 Mini Tower 848106-007 $ 1,549.00 1 M55-166 Mini Tower 848106-0030 $ 1,549.00 1 M55-166 Mini Tower 848106-0026 $ 1,549.00 1 Hitaxxx Xx00XX EB035880009 $ 1,999.00 TOTAL $111,075.10 ALL EQUIPMENT WILL BE LOCATED AT THE FOLLOWING ADDRESS: On Village Communications, Inc. *STORAGE ARRAY IS AT: 848 X. Xx Xxxxxxx Xxxd., Suite 206 NETWORK PUBLISHING Los Xxxxxxx, XX 00000 ONE XXXX XXXXXX XX., XXXXX 000 XXXXX, XX 00000 XXVIERA FINANCE EAST BAY ON VILLAGE COMMUNICATIONS, INC. By: /s/ STEVX X. XXXXXXXXX By: /s/ ROBEXX X. XXXXXX ----------------------------- ------------------------------------ Name: Stevx X. Xxxxxxxxx Name: Robexx X. Xxxxxx Xxxle: Senior Vice President Title: President Xxxxxx: Xx Village Communications, Inc. Address: 848 X. Xx Xxxxxxx Xxxd., Suite 206 Los Angeles, CA 90069 Telephone: (310) 000-0000
1. Lessor and Lessee have entered into a Master Equipment Lease Agreement dated as of April 21, 1997, including this Lease Schedule (collectively, the "Lease"), pursuant to which Lessor and Lessee have agreed to lease the equipment described in Schedule A hereto (the "Equipment"). Lessee reaffirms all of its representations, warranties and covenants set forth in the Lease, all of the terms and provisions of which are incorporated herein by reference, as of the date hereof and further certifies to Lessor that Lessee has selected the Equipment and has received and approved the purchase order, purchase agreement or supply contract under which the Equipment will be acquired for purposes of this Lease. To the extent necessary to protect Lessor's interest in the Equipment, Lessee grants to Lessor a first priority security interest in the Equipment.
2. The assumed Acquisition Cost of the Equipment is: $500,000.
Appears in 1 contract
Enforceability and Governing Law. Any provision of this Lease which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof, and any such unenforceability in any jurisdiction shall not render unenforceable such provisions in any other jurisdictionjurisdiction without limiting the generality of the foregoing, if any payment constituting interest is made hereunder and that rate is in excess of the maximum allowed by law, then the amount of such excess shall, at Lessors sole option, be refunded to Lessee or applied to Lessee's other obligations to Lessor. To the extent permitted by applicable law, Lessee hereby waives waives: (a) any provisions of law which render any provision hereof unenforceable in any respect; (b) all rights and remedies under Sections 508 through and including 522 of the Uniform Commercial Code article or division pertaining to personal property leasing. Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given. Time is of the essence in this Lease. The captions in this Lease are for the convenience only and shall not define or limit any of the terms hereof. THIS LEASE SHALL IN ALL RESPECTS (EXCEPT FOR CONFLICTS OF LAW PRINCIPLES) BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE COMMONWEALTH OF CALIFORNIA MASSACHUSETTS AND LESSEE HEREBY CONSENTS AND SUBMITS TO THE JURISDICTION OF THE COURTS OF OF, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED WITHIN THE COMMONWEALTH OF CALIFORNIA FOR THE PURPOSES OF MASSACHUSETTS. LESSOR AND LESSEE HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF ITS OBLIGATIONS HEREUNDEROR IN CONNECTION WITH THIS LEASE OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN. THIS LEASE REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, AND EXPRESSLY WAIVES ANY OBJECTIONS THAT IT MAY HAVE TO CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE VENUE OF SUCH COURTSPARTIES. LESSEE HEREBY EXPRESSLY WAIVES TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS LEASEACKNOWLEDGES AND CERTIFIES THAT NO SUCH ORAL AGREEMENTS EXIST. Any action This Lease may not be amended, nor may any rights hereunder be waived, except by Lessee against Lessor for an instrument in writing signed by the party charged with such amendment or waiver. The term Lessee, as used herein shall mean and include any cause and all Lessees who sign hereunder, each of action under this Lease whom shall be brought within one year after any such cause of action first occursjointly and severally bound hereby. Attached to This Lease will not be binding on Lessor until executed by Lessor. BankVest Capital Corp. and made part of the following documents: Master Equipment Lease Agreement, #97-020 dated April 21, 1997, between Riviera Finance East Bay ("Lessor") and On Village LeaseVest Capital Corp. Applied Data Communications, Inc. ("Lessee"). QUANTITY DESCRIPTION SERIAL # AMOUNT 1 Sony Pentium 20 - 200mhz 2103378 $ 1,799.00 1 Hitaxxx Xx00XX EJ025880859 $ 1,999.00 2 Xxxxxxxx Xxxxxx X/X $ 399.98 1 HP Laserjet 6MP USBB051303 $ 869.00 1 Mustek Color Scanner HWF94FSA2 $ 369.00 1 Hitaxxx Xx00XX EJ025880140 $ 1,924.00 1 Hitaxxx Xx00XX EJ025880162 $ 1,924.00 1 Hitaxxx Xx00XX EB035880020 $ 1,924.00 3 Xxxxxxxx Xxxxxx X/X $ 599.97 1 Alp Glidepoint Keypad 00A4004995G $ 119.00 1 Tech Media - 200mhz TCP0002174 $ 1,499.00 1 Tech Media - 14" monitor DJ60703668 $ 179.00 1 Cardinal Modem N/A $ 184.99 1 Hitaxxx Xx00XX EJ025880173 $ 1,964.00 1 NPR 000 ARE6A96450016 $ 3,054.95 1 Compaq Notebook 268150005 $ 3,059.98 1 Epson Printer and zip drive 1F8E623688 $ 686.93 1 Nextstep workstation CUSTOM $ 7,933.00 1 *Voyager storage array 970430137/00 $67,357.30 1 G5-133 Pro Pentium PC 7007261 $ 1,678.00 1 G5-133 Pro Pentium PC 7007262 $ 1,678.00 1 G5-133 Pro Pentium PC 7007263 $ 1,678.00 1 M55-166 Mini Tower 848106-0004 $ 1,549.00 1 M55-166 Mini Tower 848106-007 $ 1,549.00 1 M55-166 Mini Tower 848106-0030 $ 1,549.00 1 M55-166 Mini Tower 848106-0026 $ 1,549.00 1 Hitaxxx Xx00XX EB035880009 $ 1,999.00 TOTAL $111,075.10 ALL EQUIPMENT WILL BE LOCATED AT THE FOLLOWING ADDRESSBy: On Village Communications, Inc. *STORAGE ARRAY IS AT: 848 X. Xx Xxxxxxx Xxxd., Suite 206 NETWORK PUBLISHING Los Xxxxxxx, XX 00000 ONE XXXX XXXXXX XX., XXXXX 000 XXXXX, XX 00000 XXVIERA FINANCE EAST BAY ON VILLAGE COMMUNICATIONS, INC. By: /s/ STEVX Xxxxxx X. XXXXXXXXX ByXxxx Title: /s/ ROBEXX X. XXXXXX ----------------------------- ------------------------------------ Name: Stevx X. Xxxxxxxxx Name: Robexx X. Xxxxxx Xxxle: Senior Vice President Title: President Xxxxxx: Xx Village Communications, Inc. Address: 848 X. Xx Xxxxxxx Xxxd., Suite 206 Los Angeles, CA 90069 Telephone: (310) 000-0000
1ACCEPTANCE CERTIFICATE Acceptance Certificate to Lease Schedule No. Lessor and Lessee have entered into a 001 to Master Equipment Lease Agreement dated as of April 21February 2, 1997, including this Lease Schedule 1999 (collectively, the "Lease"), pursuant to which Lessor and .
1. Lessee have agreed to lease hereby acknowledges that the equipment described in Equipment set forth on Schedule A hereto (the "Equipment")) is hereby unconditionally accepted by the Lessee for all purposes under the Lease and hereby agrees to faithfully perform all of its obligations under the Lease with respect to the Equipment as of the date hereof. Lessee hereby authorizes and directs Lessor to make payment to each vendor of the equipment pursuant to such vendor's invoice or any purchase order, purchase agreement or supply contract with such vendor, receipt and approval of which are hereby reaffirmed by Lessee. Lessee hereby also reaffirms all of its representations, warranties and covenants as set forth in the Lease, all of the terms and provisions of which are incorporated herein by reference, Lease as of the date hereof and further certifies to Lessor that Lessee no event or condition has selected occurred and is continuing which constitutes an Event of Default under the Equipment and has received and approved Lease or would constitute such an Event of Default with the purchase order, purchase agreement or supply contract under which the Equipment will be acquired for purposes passage of this Lease. To the extent necessary to protect Lessor's interest in the Equipment, Lessee grants to Lessor a first priority security interest in the Equipmenttime and/or giving of notice.
2. Lessee represents and warrants that (i) the Equipment has been delivered and is in an operating condition and performing the operation for which it is intended to the satisfaction of the Lessee; and (ii) if requested by Lessor, the Equipment has been marked or labeled evidencing the Lessor's interest therein.
3. Lessee hereby agrees to pay Lessor rental payments, as set forth in the Lease Schedule unless indicated below, plus any applicable taxes at the times and in the manner set forth in the Lease Schedule.
4. The assumed Acquisition Cost of the Equipment is: $500,000$ _______________.
5. The Lease Term Commencement Date is the _________ day of ________, 19__.
6. The Rental Payment Commencement Date is the ______ day of ________, 19__.
7. The rental payments shall be as set forth in the Lease Schedule unless otherwise indicated below: Rental Payment Amount of Each Nos. Rental Payment Dated: (the "Acceptance Date") Applied Data Communications, Inc. By: /s/ Xxxxxx X. Xxxx Title: President Please note that Authorized Officers cannot certify their own signature. Thank you.
Appears in 1 contract
Samples: Master Equipment Lease Agreement (Applied Data Communications Inc)
