Representation of Lessee. Lessee represents that the rate of interest payable in respect of the Series 4 Notes as determined pursuant to Supplemental Indenture No. 4, dated as of June 1, 2006, to the Indenture, including the use of Applicable Base Rate Margin and Applicable Libor Margin that increase over time (i) represents an arm’s length rate, (ii) is consistent with market practice for long-term floating rate financings, and (iii) was determined without reference to federal income tax considerations to any person.
Representation of Lessee. Lessor and Lessee agree that this Schedule is a “Finance Lease” as defined by the Uniform Commercial Code Article 2A, in that (i) Lessee has selected the Property in its sole discretion, (ii) Lessor has acquired the Property solely for the purpose of leasing such Property under this Schedule, and (iii) Lessee has received a copy of the contract evidencing Lessor’s purchase of the Property. LESSOR: LESSEE: ONSET FINANCIAL, INC. GREAT BASIN SCIENTIFIC, INC. BY: /s/ Xxxxx Xxxxx BY: /s/ Xxxx Xxxxxx Xxxxx Xxxxx Xxxx Xxxxxx TITLE: Sr. Vice President TITLE: President EXHIBIT A Great Basin Scientific, Inc. Master Lease No. OFI0545174 Lease Schedule No. 002 Headquartered at: 0000 X. 0000 X., Xxxx Xxxx Xxxx, XX 00000 $ 1,500,000.00 $ 1,500,000.00 VENDOR QTY DESCRIPTION SERIAL # PER UNIT UNIT TOTAL INVOICE TOTAL Great Basin Scientific, Inc. 75 MOLECULAR DIAGNOSTIC ANALYZERS AT GREAT BASIN CUSTOMER/ HOSPITAL SITES USED TO DIAGNOSE INFECTIOUS DISEASE USING GREAT BASIN’S PROPRIETARY PORTRAIT DIAGNOSTIC CARTRIDGES ITEM # PA500 5.223, 5.278, 5.279, 5.268, 5.215, 5.34, 5.163, 5.130, 5.263, 5.31, 5.69, 5.78, 5.287, 5.253, 5.272, 5.266, 5.176, 5.184, 5.191, 5.235, 5.167, 5.283, 5.98, 5.89, 5.88, 5.220, 5.221, 5.218, 5.174, 5.140, 5.219, 5.225, 5.187, 5.256, 5.257, 5.86, 5.3, 5.205, 5.282, 5.259, 5.169, 5.251, 5.137, 5.138, 5.224, 5.258, 5.245, 5.255, 5.146, 5.269, 5.271, 5.289, 5.290, 5.260, 5.136, 5.275, 5.53, 5.154, 5.267, 5.281, 5.291, 5.203, 5.204, 5.207, 5.61, 5.153, 5.115, 5.277, 5.292, 5.134, 5.231, 5.206, 5.280, 5.262, 5.64 $20,000.00 $1,500,000.00 $1,500,000.00 and any and all attachments, replacements, parts, substitution, additions, repairs, accessions and accessories incorporated therein and/or affixed thereto. EXHIBIT B STIPULATED LOSS SCHEDULE DATED MARCH 14, 2014 TO LEASE SCHEDULE NO. 002 DATED MARCH 14, 2014 TO MASTER LEASE AGREEMENT NO. OFI0545174 STIPULATED LOSS VALUE TABLE AFTER MONTHLY PAYMENT TOTAL STIPULATED LOSS VALUE STIPULATED LOSS PERCENTAGE AFTER MONTHLY PAYMENT TOTAL STIPULATED LOSS VALUE STIPULATED LOSS PERCENTAGE 0 $ 2,070,000 138.00 % 13 $ 1,509,001 100.60 % 1 $ 2,043,378 136.23 % 14 $ 1,448,812 96.59 % 2 $ 2,010,989 134.07 % 15 $ 1,381,066 92.07 % 3 $ 1,976,740 131.78 % 16 $ 1,309,487 87.30 % 4 $ 1,940,523 129.37 % 17 $ 1,233,855 82.26 % 5 $ 1,902,227 126.82 % 18 $ 1,153,943 76.93 % 6 $ 1,868,454 124.56 % 19 $ 1,069,508 71.30 % 7 $ 1,825,239 121.68 % 20 $ 980,294 65.35 % 8 $ 1,779,561 118.64 % 21 $ 886,914 59.13 % 9 $ 1,731,278 115.42 % 22 $ 7...
Representation of Lessee. Lessor and Lessee agree that this Schedule is a “Finance Lease” as defined by the Uniform Commercial Code Article 2A, in that (i) Lessee has selected the Property in its sole discretion, (ii) Lessor has acquired the Property solely for the purpose of leasing such Property under this Schedule, and (iii) Lessee has received a copy of the contract evidencing Lessor’s purchase of the Property.
Representation of Lessee. Lessor and Lessee agree that this Schedule constitutes a "finance lease" under the Uniform Commercial Code - Article 2A, in that (a) Lessee has selected the Property in its sole discretion, (b) Lessor has acquired the Property solely for purposes of leasing such Property under this Schedule, and (c) Lessee has received a copy of the contract evidencing Lessor's purchase of the Property. LESSOR: LESSEE: APPLIED FINANCIAL, INC. STAR SCIENTIFIC, INC. BY: /s/ Xxxx Xxxxxxxx BY: /s/ Xxxxxxxxxxx X. Xxxxxx ------------------------------ ------------------------------
Representation of Lessee. Lessor and Lessee agree that this Equipment Schedule constitutes a "true lease" under the Utah Uniform Commercial Code - Leases, in that (a) Lessee has selected the Equipment in its sole discretion, (b) Lessor has acquired the Equipment solely for purposes of leasing such Equipment under this Equipment Schedule, and/or (c) Lessee has received a copy of the contract evidencing Lessor's purchase of the Equipment.
Representation of Lessee. Lessor and Lessee agree that this Equipment Schedule constitutes a "finance lease" under the Utah Uniform Commercial Code - Leases, in that (a) Lessee has selected the Equipment in its sole discretion, (b) Lessor has acquired the Equipment solely for purposes of leasing such Equipment under this Equipment Schedule, or (c) Lessee has received a copy of the contract evidencing Lessor's purchase of the Equipment. LESSOR: LESSEE: MATRIX FUNDING CORPORATION VODAVI COMMUNICATIONS SYSTEMS, INC. BY: _________________________________ BY: ________________________________ TITLE: ______________________________ TITLE: _____________________________ ACCEPTANCE CERTIFICATE TO EQUIPMENT SCHEDULE NO. 2 TO Master Lease Agreement No. RO551 dated May 13, 1996, (the "Lease") between MATRIX FUNDING CORPORATION, (the "Lessor"), and VODAVI COMMUNICATIONS SYSTEMS, INC., (the "Lessee").
Representation of Lessee. Lessor and Lessee agree that this Schedule constitutes a "finance lease", in that (a) Lessee has selected the Property in its sole discretion, (b) Lessor has acquired the Property solely for purposes of leasing such Property under this Schedule, and (c) Lessee has received a copy of the contract evidencing Lessor's purchase of the Property. LESSOR – SUCAMPO AG LESSEE – NUMAB AG By: SAMPLE – not for execution By: SAMPLE – not for execution Name: Name: Title: Title: Date: Date: Confidential 16 SAG-Numab Lease Agreement LEASE SCHEDULE EXHIBIT B (Acceptance Certificate to be inserted behind this placeholder and incorporated herein)
Representation of Lessee. Lessor and Lessee agree that this Schedule is a "Finance Lease" as defined by the Uniform Commercial Code Article 2A, in that (i) Lessee has selected the Property in its sole discretion, (ii) Lessor has acquired the Property solely for the purpose of leasing such Property under this Schedule, and (iii) Lessee has received a copy of the contract evidencing Lessor's purchase of the Property. LESSOR: LESSEE: PARADIGM COMMERCIAL CAPITAL GROUP CORP XXXXXX INTERNATIONAL LTD. BY: /s/ Xxxxxx Xxxxxx BY: /s/ Xxxxxx X. Xxxxxx TITLE: Operations Manager TITLE: President and Chief Executive Officer PARADIGM COMMERCIAL CAPITAL GROUP CORP 0000 X. Xxxxx Meadow Dr. Suite 104 Kaysville, Utah 84037 MASTER LEASE AGREEMENT NO. PFE0019
Representation of Lessee. Lessor and Lessee agree that this Schedule constitutes a “finance lease” under the Uniform Commercial Code - Article 2A, in that (a) Lessee has selected the Property in its sole discretion, (b) Lessor has acquired the Property solely for purposes of leasing such property under this Schedule, and (c) Lessee has received a copy of the contract evidencing Lessor’s purchase of the Property. LESSOR: LESSEE: MATRIX FUNDING CORPORATION SOUTHWALL TECHNOLOGIES, INC. BY: BY: TITLE: TITLE: EXHIBIT B CASUALTY LOSS SCHEDULE DATED OCTOBER 14,1999 TO LEASE SCHEDULE NO. 2 DATED OCTOBER 14,1999 TO MASTER LEASE AGREEMENT NO. R0825 The Casualty Loss Value for each item of Property shall be determined by multiplying the original cost of such item to Lessor by the stipulated loss percentage indicated below which corresponds to the month of the Lease after commencement in which the last Monthly Rental payment was made. The dollar amount shown below represents the Casualty Loss Value which would apply if all of the Property were lost or destroyed. AFTER PAYMENT NUMBER TOTAL CASUALTY LOSS VALUE CASUALTY LOSS PERCENTAGE AFTER PAYMENT NUMBER TOTAL CASUALTY LOSS VALUE CASUALTY LOSS PERCENTAGE 0 $4,680,000 130.00% 13 $2,725,008 75.69% 1 $4,539,643 126.10% 14 $2,581,749 71.72% 2 $4,386,078 121.84% 15 $2,429,727 67.49% 3 54,232,804 117.58% 16 $2,278,118 63.28% 4 $4,079,818 113.33% 17 $2,126,922 59.08% 5 $3,927,121 109.09% 18 $1,976,137 54.89% 6 $3,793,766 105.38% 19 $1,825,762 50.72% 7 $3,640,028 101.11% 20 $1,675,796 46.55% 8 $3,486,645 96.85% 21 $1,527,970 42.44% 9 $3,333,614 92.60% 22 $1,378,177 38.28% 10 $3,180,936 88.36% 23 $1,228,854 34.13% 11 $3,028,609 84.13% 24 $1,080,000 30.00% 12 $2,876,634 79.91% LESSOR: LESSEE: MATRIX FUNDING CORPORATION SOUTHWALL TECHNOLOGIES, INC. BY: BY: TITLE: Assistant Vice Present TITLE: SECURITY AGREEMENT (Personal Property) THIS SECURITY AGREEMENT is made this 14th day of October, 1999, between Southwall Technologies, Inc., having its principal place of business at 1000 Xxxxxxxxxxx Xxx, Xxxx Xxxx, XX 00000 (“Debtor”) and Matrix Funding Corporation, having its principal place of business at 5000 Xxxxx Xxxx Xxxxxx Xxxxxx Xxxxx, Xxxxxxx, XX 00000 (“Secured Party”).
Representation of Lessee. Lessor and Lessee agree that this Schedule constitutes a "finance lease" under the Uniform Commercial Code - Article 2A, in that (a) Lessee has selected the Property in its sole discretion, (b) Lessor has acquired the Property solely for purposes of leasing such Property under this Schedule, and (c) Lessee has received a copy of the contract evidencing Lessor's purchase of the Property. LESSOR: LESSEE: APPLIED FINANCIAL, INC. COVISTA COMMUNICATIONS, INC. BY: Xxx Xxxx BY: Illegible -------------------------------- -------------------------- TITLE: Assistant Vice President TITLE: Secretary/Treasurer
