Common use of TERMINATION RENTAL PREMIUM Clause in Contracts

TERMINATION RENTAL PREMIUM. Upon the expiration of the term of the Lease, Lessee promptly shall pay to Lessor without notice or demand therefor and together with all other amounts then due and payable hereunder, in cash, a Termination Rental Premium calculated as twenty percent (20%) of the aggregate original Total Invoice Cost of the Equipment (as specified on this Schedule). Upon receipt by Lessor of the Termination Rental Premium, Lessor shall release its interest in the Equipment and convey assign, transfer and set over to Lessee or its designee the interest in the Equipment received by Lessor in Section 10 hereof, on an “AS IS, WHERE IS” basis without representation and warranty of any kind other than the Equipment being free of Liens created by or arising through Lessor. MB EQUIPMENT FINANCE, LLC Lessor By: /S/ XXXXX X. XXXXXX Name: Xxxxx X. Xxxxxx Title: Senior Vice President ALLIANCE RESOURCE OPERATING PARTNERS, L.P. Lessee By: ALLIANCE RESOURCE MANAGEMENT GP, LLC its Managing General Partner By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer XXXXXXXX COUNTY COAL, LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer WHITE OAK RESOURCES LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer MB EQUIPMENT FINANCE, LLC THIS REAL PROPERTY WAIVER (this “Waiver”) is made as of the 29th day of October, 2015 for the benefit of MB EQUIPMENT FINANCE, LLC, its successors and assigns (hereinafter the “Lessor”), and is given by the undersigned. The undersigned has the interest described below in the premises more specifically described on the attached schedule (the “Premises”). The Premises are now occupied in whole or in part by one or more of ALLIANCE RESOURCE OPERATING PARTNERS, L.P., a Delaware limited partnership (“ARLP”), XXXXXXXX COUNTY COAL, LLC, a Delaware limited liability company (“HCC”) and WHITE OAK RESOURCES LLC, a Delaware limited liability company (“White Oak”), and their respective successors and permitted assigns (ARLP, HCC and White Oak, collectively and jointly and severally, “Lessee”), and Lessee desires to lease from Lessor certain equipment which is already on or is to be delivered to or installed on the Premises, all of said equipment being more fully described on the schedule attached hereto (hereinafter collectively the “Equipment”), all of which Equipment is now or hereafter may become subject to a Master Lease Agreement (hereinafter the “Agreement”) between PNC Equipment Finance, LLC, and Lessee; to be used in connection with the business of Lessee as now or hereafter conducted. Lessor is willing to lease the Equipment to Lessee, provided that the undersigned recognizes Lessor’s interest in and to the Equipment.

Appears in 1 contract

Samples: Master Lease Agreement (Alliance Holdings GP, L.P.)

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TERMINATION RENTAL PREMIUM. Upon the expiration of the term of the Lease, Lessee promptly shall pay to Lessor without notice or demand therefor and together with all other amounts then due and payable hereunder, in cash, a Termination Rental Premium calculated as twenty percent (20%) of the aggregate original Total Invoice Cost of the Equipment (as specified on this Schedule). Upon receipt by Lessor of the Termination Rental Premium, Lessor shall release its interest in the Equipment and convey assign, transfer and set over to Lessee or its designee the interest in the Equipment received by Lessor in Section 10 hereof, on an “AS IS, WHERE IS” basis without representation and warranty of any kind other than the Equipment being free of Liens created by or arising through Lessor. MB EQUIPMENT FINANCE, LLC PEOPLE’S CAPITAL AND LEASING CORP. Lessor By: /S/ XXXXX X. XXXXXX XXXXXXXXX XXXXXXX Name: Xxxxx X. Xxxxxx Xxxxxxxxx Xxxxxxx Title: Senior Vice President COO ALLIANCE RESOURCE OPERATING PARTNERS, L.P. Lessee By: ALLIANCE RESOURCE MANAGEMENT GP, LLC its Managing General Partner By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer XXXXXXXX COUNTY COAL, LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer WHITE OAK RESOURCES LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer MB EQUIPMENT FINANCE, LLC PEOPLE’S CAPITAL AND LEASING CORP. THIS REAL PROPERTY WAIVER (this “Waiver”) is made as of the 29th day of October, 2015 for the benefit of MB EQUIPMENT FINANCE, LLCPEOPLE’S CAPITAL AND LEASING CORP., its successors and assigns (hereinafter the “Lessor”), and is given by the undersigned. The undersigned has the interest described below in the premises more specifically described on the attached schedule (the “Premises”). The Premises are now occupied in whole or in part by one or more of ALLIANCE RESOURCE OPERATING PARTNERS, L.P., a Delaware limited partnership (“ARLP”), XXXXXXXX COUNTY COAL, LLC, a Delaware limited liability company (“HCC”) and WHITE OAK RESOURCES LLC, a Delaware limited liability company (“White Oak”), and their respective successors and permitted assigns (ARLP, HCC and White Oak, collectively and jointly and severally, “Lessee”), and Lessee desires to lease from Lessor certain equipment which is already on or is to be delivered to or installed on the Premises, all of said equipment being more fully described on the schedule attached hereto (hereinafter collectively the “Equipment”), all of which Equipment is now or hereafter may become subject to a Master Lease Agreement (hereinafter the “Agreement”) between PNC Equipment Finance, LLC, and Lessee; to be used in connection with the business of Lessee as now or hereafter conducted. Lessor is willing to lease the Equipment to Lessee, provided that the undersigned recognizes Lessor’s interest in and to the Equipment.

Appears in 1 contract

Samples: Master Lease Agreement (Alliance Holdings GP, L.P.)

TERMINATION RENTAL PREMIUM. Upon the expiration of the term of the Lease, Lessee promptly shall pay to Lessor without notice or demand therefor and together with all other amounts then due and payable hereunder, in cash, a Termination Rental Premium calculated as twenty percent (20%) of the aggregate original Total Invoice Cost of the Equipment (as specified on this Schedule). Upon receipt by Lessor of the Termination Rental Premium, Lessor shall release its interest in the Equipment and convey assign, transfer and set over to Lessee or its designee the interest in the Equipment received by Lessor in Section 10 hereof, on an “AS IS, WHERE IS” basis without representation and warranty of any kind other than the Equipment being free of Liens created by or arising through Lessor. MB DATE OF EXECUTION: October 29, 2015 PNC EQUIPMENT FINANCE, LLC Lessor By: /S/ XXXXX XXXXXX X. XXXXXX Name: Xxxxx Xxxxxx X. Xxxxxx Title: Senior Vice President ALLIANCE RESOURCE OPERATING PARTNERS, L.P. Lessee By: ALLIANCE RESOURCE MANAGEMENT GP, LLC its Managing General Partner By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer XXXXXXXX COUNTY COAL, LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer WHITE OAK RESOURCES LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer MB PNC EQUIPMENT FINANCE, LLC THIS REAL PROPERTY WAIVER (this “Waiver”) is made as of the 29th day of October, 2015 for the benefit of MB PNC EQUIPMENT FINANCE, LLC, its successors and assigns (hereinafter the “Lessor”), and is given by the undersigned. The undersigned has the interest described below in the premises more specifically described on the attached schedule (the “Premises”). The Premises are now occupied in whole or in part by one or more of ALLIANCE RESOURCE OPERATING PARTNERS, L.P., a Delaware limited partnership (“ARLP”), XXXXXXXX COUNTY COAL, LLC, a Delaware limited liability company (“HCC”) and WHITE OAK RESOURCES LLC, a Delaware limited liability company (“White Oak”), and their respective successors and permitted assigns (ARLP, HCC and White Oak, collectively and jointly and severally, “Lessee”), and Lessee desires to lease from Lessor certain equipment which is already on or is to be delivered to or installed on the Premises, all of said equipment being more fully described on the schedule attached hereto (hereinafter collectively the “Equipment”), all of which Equipment is now or hereafter may become subject to a Master Lease Agreement (hereinafter the “Agreement”) between PNC Equipment Finance, LLC, and Lessee; to be used in connection with the business of Lessee as now or hereafter conducted. Lessor is willing to lease the Equipment to Lessee, provided that the undersigned recognizes Lessor’s interest in and to the Equipment.

Appears in 1 contract

Samples: Master Lease Agreement (Alliance Holdings GP, L.P.)

TERMINATION RENTAL PREMIUM. Upon the expiration of the term of the Lease, Lessee promptly shall pay to Lessor without notice or demand therefor and together with all other amounts then due and payable hereunder, in cash, a Termination Rental Premium calculated as twenty percent (20%) of the aggregate original Total Invoice Cost of the Equipment (as specified on this Schedule). Upon receipt by Lessor of the Termination Rental Premium, Lessor shall release its interest in the Equipment and convey assign, transfer and set over to Lessee or its designee the interest in the Equipment received by Lessor in Section 10 hereof, on an “AS IS, WHERE IS” basis without representation and warranty of any kind other than the Equipment being free of Liens created by or arising through Lessor. MB EQUIPMENT FINANCEDATE OF EXECUTION: October 29, LLC 2015 CATERPILLAR FINANCIAL SERVICES CORPORATION Lessor By: /S/ XXXXX X. XXXXXX XXXXXXX Name: Xxxxx X. Xxxxxx Xxxxxxx Title: Senior Vice President Credit & Operations Manager ALLIANCE RESOURCE OPERATING PARTNERS, L.P. Lessee By: ALLIANCE RESOURCE MANAGEMENT GP, LLC its Managing General Partner By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer XXXXXXXX COUNTY COAL, LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer WHITE OAK RESOURCES LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer MB EQUIPMENT FINANCE, LLC CATERPILLAR FINANCIAL SERVICES CORPORATION THIS REAL PROPERTY WAIVER (this “Waiver”) is made as of the 29th day of October, 2015 for the benefit of MB EQUIPMENT FINANCE, LLCCATERPILLAR FINANCIAL SERVICES CORPORATION, its successors and assigns (hereinafter the “Lessor”), and is given by the undersigned. The undersigned has the interest described below in the premises more specifically described on the attached schedule (the “Premises”). The Premises are now occupied in whole or in part by one or more of ALLIANCE RESOURCE OPERATING PARTNERS, L.P., a Delaware limited partnership (“ARLP”), XXXXXXXX COUNTY COAL, LLC, a Delaware limited liability company (“HCC”) and WHITE OAK RESOURCES LLC, a Delaware limited liability company (“White Oak”), and their respective successors and permitted assigns (ARLP, HCC and White Oak, collectively and jointly and severally, “Lessee”), and Lessee desires to lease from Lessor certain equipment which is already on or is to be delivered to or installed on the Premises, all of said equipment being more fully described on the schedule attached hereto (hereinafter collectively the “Equipment”), all of which Equipment is now or hereafter may become subject to a Master Lease Agreement (hereinafter the “Agreement”) between PNC Equipment Finance, LLC, and Lessee; to be used in connection with the business of Lessee as now or hereafter conducted. Lessor is willing to lease the Equipment to Lessee, provided that the undersigned recognizes Lessor’s interest in and to the Equipment.

Appears in 1 contract

Samples: Master Lease Agreement (Alliance Holdings GP, L.P.)

TERMINATION RENTAL PREMIUM. Upon the expiration of the term of the Lease, Lessee promptly shall pay to Lessor without notice or demand therefor and together with all other amounts then due and payable hereunder, in cash, a Termination Rental Premium calculated as twenty percent (20%) of the aggregate original Total Invoice Cost of the Equipment (as specified on this Schedule). Upon receipt by Lessor of the Termination Rental Premium, Lessor shall release its interest in the Equipment and convey assign, transfer and set over to Lessee or its designee the interest in the Equipment received by Lessor in Section 10 hereof, on an “AS IS, WHERE IS” basis without representation and warranty of any kind other than the Equipment being free of Liens created by or arising through Lessor. MB EQUIPMENT FINANCESANTANDER BANK, LLC N.A. Lessor By: /S/ XXXXX XXXXXXX X. XXXXXX XXXXXXX Name: Xxxxx Xxxxxxx X. Xxxxxx Xxxxxxx Title: Senior Vice President ALLIANCE RESOURCE OPERATING PARTNERS, L.P. Lessee By: ALLIANCE RESOURCE MANAGEMENT GP, LLC its Managing General Partner By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer XXXXXXXX COUNTY COAL, LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer WHITE OAK RESOURCES LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer MB EQUIPMENT FINANCESANTANDER BANK, LLC N.A. THIS REAL PROPERTY WAIVER (this “Waiver”) is made as of the 29th day of October, 2015 for the benefit of MB EQUIPMENT FINANCESANTANDER BANK, LLCN.A., its successors and assigns (hereinafter the “Lessor”), and is given by the undersigned. The undersigned has the interest described below in the premises more specifically described on the attached schedule (the “Premises”). The Premises are now occupied in whole or in part by one or more of ALLIANCE RESOURCE OPERATING PARTNERS, L.P., a Delaware limited partnership (“ARLP”), XXXXXXXX COUNTY COAL, LLC, a Delaware limited liability company (“HCC”) and WHITE OAK RESOURCES LLC, a Delaware limited liability company (“White Oak”), and their respective successors and permitted assigns (ARLP, HCC and White Oak, collectively and jointly and severally, “Lessee”), and Lessee desires to lease from Lessor certain equipment which is already on or is to be delivered to or installed on the Premises, all of said equipment being more fully described on the schedule attached hereto (hereinafter collectively the “Equipment”), all of which Equipment is now or hereafter may become subject to a Master Lease Agreement (hereinafter the “Agreement”) between PNC Equipment Finance, LLC, and Lessee; to be used in connection with the business of Lessee as now or hereafter conducted. Lessor is willing to lease the Equipment to Lessee, provided that the undersigned recognizes Lessor’s interest in and to the Equipment.

Appears in 1 contract

Samples: Master Lease Agreement (Alliance Holdings GP, L.P.)

TERMINATION RENTAL PREMIUM. Upon the expiration of the term of the Lease, Lessee promptly shall pay to Lessor without notice or demand therefor and together with all other amounts then due and payable hereunder, in cash, a Termination Rental Premium calculated as twenty percent (20%) of the aggregate original Total Invoice Cost of the Equipment (as specified on this Schedule). Upon receipt by Lessor of the Termination Rental Premium, Lessor shall release its interest in the Equipment and convey assign, transfer and set over to Lessee or its designee the interest in the Equipment received by Lessor in Section 10 hereof, on an “AS IS, WHERE IS” basis without representation and warranty of any kind other than the Equipment being free of Liens created by or arising through Lessor. MB EQUIPMENT FINANCEDATE OF EXECUTION: October 29, LLC 2015 XXXXXXX BANK & TRUST COMPANY, N.A. Lessor By: /S/ XXXX XXXXX X. XXXXXX Name: Xxxx Xxxxx X. Xxxxxx Title: Senior Vice President ALLIANCE RESOURCE OPERATING PARTNERS, L.P. Lessee By: ALLIANCE RESOURCE MANAGEMENT GP, LLC its Managing General Partner By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer XXXXXXXX COUNTY COAL, LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer WHITE OAK RESOURCES LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer MB EQUIPMENT FINANCEXXXXXXX BANK & TRUST COMPANY, LLC N.A. THIS REAL PROPERTY WAIVER (this “Waiver”) is made as of the 29th day of October, 2015 for the benefit of MB EQUIPMENT FINANCEXXXXXXX BANK & TRUST COMPANY, LLCN.A., its successors and assigns (hereinafter the “Lessor”), and is given by the undersigned. The undersigned has the interest described below in the premises more specifically described on the attached schedule (the “Premises”). The Premises are now occupied in whole or in part by one or more of ALLIANCE RESOURCE OPERATING PARTNERS, L.P., a Delaware limited partnership (“ARLP”), XXXXXXXX COUNTY COAL, LLC, a Delaware limited liability company (“HCC”) and WHITE OAK RESOURCES LLC, a Delaware limited liability company (“White Oak”), and their respective successors and permitted assigns (ARLP, HCC and White Oak, collectively and jointly and severally, “Lessee”), and Lessee desires to lease from Lessor certain equipment which is already on or is to be delivered to or installed on the Premises, all of said equipment being more fully described on the schedule attached hereto (hereinafter collectively the “Equipment”), all of which Equipment is now or hereafter may become subject to a Master Lease Agreement (hereinafter the “Agreement”) between PNC Equipment Finance, LLC, and Lessee; to be used in connection with the business of Lessee as now or hereafter conducted. Lessor is willing to lease the Equipment to Lessee, provided that the undersigned recognizes Lessor’s interest in and to the Equipment.

Appears in 1 contract

Samples: Master Lease Agreement (Alliance Holdings GP, L.P.)

TERMINATION RENTAL PREMIUM. Upon the expiration of the term of the Lease, Lessee promptly shall pay to Lessor without notice or demand therefor and together with all other amounts then due and payable hereunder, in cash, a Termination Rental Premium calculated as twenty percent (20%) of the aggregate original Total Invoice Cost of the Equipment (as specified on this Schedule). Upon receipt by Lessor of the Termination Rental Premium, Lessor shall release its interest in the Equipment and convey assign, transfer and set over to Lessee or its designee the interest in the Equipment received by Lessor in Section 10 hereof, on an “AS IS, WHERE IS” basis without representation and warranty of any kind other than the Equipment being free of Liens created by or arising through Lessor. MB EQUIPMENT FINANCE, LLC WOODFOREST NATIONAL BANK Lessor By: /S/ XXXXX X. XXXXXX XXXXXXX Name: Xxxxx X. Xxxxxx Xxxxxxx Title: Senior Vice President ALLIANCE RESOURCE OPERATING PARTNERS, L.P. Lessee By: ALLIANCE RESOURCE MANAGEMENT GP, LLC its Managing General Partner By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer XXXXXXXX COUNTY COAL, LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer WHITE OAK RESOURCES LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer MB EQUIPMENT FINANCEWOODFOREST NATIONAL BANK Amendment Number 001 to Equipment Schedule No. 143974609 to Master Lease Agreement dated October 29, LLC THIS REAL PROPERTY WAIVER (2015 This Amendment, made this “Waiver”) is made as of the 29th 30th day of October, 2015, to Equipment Schedule No. 143974609, dated as of October 29, 2015 for (the benefit of MB EQUIPMENT FINANCE“Schedule”) among Woodforest National Bank (“Lessor”) and Alliance Resource Operating Partners, L.P., Xxxxxxxx County Coal, LLC, its successors and assigns (hereinafter the “Lessor”), and is given by the undersigned. The undersigned has the interest described below in the premises more specifically described on the attached schedule (the “Premises”). The Premises are now occupied in whole or in part by one or more of ALLIANCE RESOURCE OPERATING PARTNERS, L.P., a Delaware limited partnership (“ARLP”), XXXXXXXX COUNTY COAL, LLC, a Delaware limited liability company (“HCC”) and WHITE OAK RESOURCES LLC, a Delaware limited liability company (“White Oak”), and their respective successors and permitted assigns (ARLP, HCC and White Oak, collectively and jointly and severallyOak Resources LLC (collectively, “Lessee”), and Lessee desires executed pursuant to lease from Lessor that certain equipment which is already on or is to be delivered to or installed on the Premises, all of said equipment being more fully described on the schedule attached hereto (hereinafter collectively the “Equipment”), all of which Equipment is now or hereafter may become subject to a Master Lease Agreement dated as of October 29, 2015 (hereinafter the “Master Lease Agreement”) between Lessee and PNC Equipment Finance, LLC, and Lessee; to be used in connection with the business of Lessee as now or hereafter conducted. Lessor which is willing to lease the Equipment to Lessee, provided that the undersigned recognizes Lessor’s interest in and to the Equipmentincorporated herein by reference.

Appears in 1 contract

Samples: Master Lease Agreement (Alliance Holdings GP, L.P.)

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TERMINATION RENTAL PREMIUM. Upon the expiration of the term of the Lease, Lessee promptly shall pay to Lessor without notice or demand therefor and together with all other amounts then due and payable hereunder, in cash, a Termination Rental Premium calculated as twenty percent (20%) of the aggregate original Total Invoice Cost of the Equipment (as specified on this Schedule). Upon receipt by Lessor of the Termination Rental Premium, Lessor shall release its interest in the Equipment and convey assign, transfer and set over to Lessee or its designee the interest in the Equipment received by Lessor in Section 10 hereof, on an “AS IS, WHERE IS” basis without representation and warranty of any kind other than the Equipment being free of Liens created by or arising through Lessor. MB EQUIPMENT FINANCE, SIGNATURE FINANCIAL LLC Lessor By: /S/ XXXXX X. XXXXXX XXXXXXX XXXXXXX Name: Xxxxx X. Xxxxxx Xxxxxxx Xxxxxxx Title: Senior Vice President ALLIANCE RESOURCE OPERATING PARTNERS, L.P. Lessee By: ALLIANCE RESOURCE MANAGEMENT GP, LLC its Managing General Partner By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer XXXXXXXX COUNTY COAL, LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer WHITE OAK RESOURCES LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer MB EQUIPMENT FINANCE, SIGNATURE FINANCIAL LLC THIS REAL PROPERTY WAIVER (this “Waiver”) is made as of the 29th day of October, 2015 for the benefit of MB EQUIPMENT FINANCE, SIGNATURE FINANCIAL LLC, its successors and assigns (hereinafter the “Lessor”), and is given by the undersigned. The undersigned has the interest described below in the premises more specifically described on the attached schedule (the “Premises”). The Premises are now occupied in whole or in part by one or more of ALLIANCE RESOURCE OPERATING PARTNERS, L.P., a Delaware limited partnership (“ARLP”), XXXXXXXX COUNTY COAL, LLC, a Delaware limited liability company (“HCC”) and WHITE OAK RESOURCES LLC, a Delaware limited liability company (“White Oak”), and their respective successors and permitted assigns (ARLP, HCC and White Oak, collectively and jointly and severally, “Lessee”), and Lessee desires to lease from Lessor certain equipment which is already on or is to be delivered to or installed on the Premises, all of said equipment being more fully described on the schedule attached hereto (hereinafter collectively the “Equipment”), all of which Equipment is now or hereafter may become subject to a Master Lease Agreement (hereinafter the “Agreement”) between PNC Equipment Finance, LLC, and Lessee; to be used in connection with the business of Lessee as now or hereafter conducted. Lessor is willing to lease the Equipment to Lessee, provided that the undersigned recognizes Lessor’s interest in and to the Equipment.

Appears in 1 contract

Samples: Master Lease Agreement (Alliance Holdings GP, L.P.)

TERMINATION RENTAL PREMIUM. Upon the expiration of the term of the Lease, Lessee promptly shall pay to Lessor without notice or demand therefor and together with all other amounts then due and payable hereunder, in cash, a Termination Rental Premium calculated as twenty percent (20%) of the aggregate original Total Invoice Cost of the Equipment (as specified on this Schedule). Upon receipt by Lessor of the Termination Rental Premium, Lessor shall release its interest in the Equipment and convey assign, transfer and set over to Lessee or its designee the interest in the Equipment received by Lessor in Section 10 hereof, on an “AS IS, WHERE IS” basis without representation and warranty of any kind other than the Equipment being free of Liens created by or arising through Lessor. MB FIRST FINANCIAL EQUIPMENT FINANCE, LLC FINANCE Lessor By: /S/ XXXXX X. XXXXXX XXXXXXXX XXXXXXXXXX Name: Xxxxx X. Xxxxxx Xxxxxxxx Xxxxxxxxxx Title: Senior Vice President Sales Executive ALLIANCE RESOURCE OPERATING PARTNERS, L.P. Lessee By: ALLIANCE RESOURCE MANAGEMENT GP, LLC its Managing General Partner By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer XXXXXXXX COUNTY COAL, LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer WHITE OAK RESOURCES LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer MB FIRST FINANCIAL EQUIPMENT FINANCE, LLC FINANCE THIS REAL PROPERTY WAIVER (this “Waiver”) is made as of the 29th day of October, 2015 for the benefit of MB FIRST FINANCIAL EQUIPMENT FINANCE, LLC, its successors and assigns (hereinafter the “Lessor”), and is given by the undersigned. The undersigned has the interest described below in the premises more specifically described on the attached schedule (the “Premises”). The Premises are now occupied in whole or in part by one or more of ALLIANCE RESOURCE OPERATING PARTNERS, L.P., a Delaware limited partnership (“ARLP”), XXXXXXXX COUNTY COAL, LLC, a Delaware limited liability company (“HCC”) and WHITE OAK RESOURCES LLC, a Delaware limited liability company (“White Oak”), and their respective successors and permitted assigns (ARLP, HCC and White Oak, collectively and jointly and severally, “Lessee”), and Lessee desires to lease from Lessor certain equipment which is already on or is to be delivered to or installed on the Premises, all of said equipment being more fully described on the schedule attached hereto (hereinafter collectively the “Equipment”), all of which Equipment is now or hereafter may become subject to a Master Lease Agreement (hereinafter the “Agreement”) between PNC Equipment Finance, LLC, and Lessee; to be used in connection with the business of Lessee as now or hereafter conducted. Lessor is willing to lease the Equipment to Lessee, provided that the undersigned recognizes Lessor’s interest in and to the Equipment.

Appears in 1 contract

Samples: Master Lease Agreement (Alliance Holdings GP, L.P.)

TERMINATION RENTAL PREMIUM. Upon the expiration of the term of the Lease, Lessee promptly shall pay to Lessor without notice or demand therefor and together with all other amounts then due and payable hereunder, in cash, a Termination Rental Premium calculated as twenty percent (20%) of the aggregate original Total Invoice Cost of the Equipment (as specified on this Schedule). Upon receipt by Lessor of the Termination Rental Premium, Lessor shall release its interest in the Equipment and convey assign, transfer and set over to Lessee or its designee the interest in the Equipment received by Lessor in Section 10 hereof, on an “AS IS, WHERE IS” basis without representation and warranty of any kind other than the Equipment being free of Liens created by or arising through Lessor. MB EQUIPMENT FINANCEDATE OF EXECUTION: October 29, LLC 2015 MACQUARIE CORPORATE AND ASSET FUNDING INC. Lessor /s/ XXXXXX XXXXXX By: /S/ XXXXX X. XXXXXX XXXXXX Xxxxx Xxxxxx Name: Xxxxx X. Xxxxxx Xxxxxx Assistant General Counsel Title: Senior Vice President General Counsel ALLIANCE RESOURCE OPERATING PARTNERS, L.P. Lessee By: ALLIANCE RESOURCE MANAGEMENT GP, LLC its Managing General Partner By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer XXXXXXXX COUNTY COAL, LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer WHITE OAK RESOURCES LLC Lessee By: /s/ XXXX X. XXXXXXXX Name: Xxxx X. Xxxxxxxx Title: Vice President - Corporate Finance and Treasurer MB EQUIPMENT FINANCE, LLC MACQUARIE CORPORATE AND ASSET FUNDING INC. THIS REAL PROPERTY WAIVER (this “Waiver”) is made as of the 29th day of October, 2015 for the benefit of MB EQUIPMENT FINANCE, LLCMACQUARIE CORPORATE AND ASSET FUNDING INC., its successors and assigns (hereinafter the “Lessor”), and is given by the undersigned. The undersigned has the interest described below in the premises more specifically described on the attached schedule (the “Premises”). The Premises are now occupied in whole or in part by one or more of ALLIANCE RESOURCE OPERATING PARTNERS, L.P., a Delaware limited partnership (“ARLP”), XXXXXXXX COUNTY COAL, LLC, a Delaware limited liability company (“HCC”) and WHITE OAK RESOURCES LLC, a Delaware limited liability company (“White Oak”), and their respective successors and permitted assigns (ARLP, HCC and White Oak, collectively and jointly and severally, “Lessee”), and Lessee desires to lease from Lessor certain equipment which is already on or is to be delivered to or installed on the Premises, all of said equipment being more fully described on the schedule attached hereto (hereinafter collectively the “Equipment”), all of which Equipment is now or hereafter may become subject to a Master Lease Agreement (hereinafter the “Agreement”) between PNC Equipment Finance, LLC, and Lessee; to be used in connection with the business of Lessee as now or hereafter conducted. Lessor is willing to lease the Equipment to Lessee, provided that the undersigned recognizes Lessor’s interest in and to the Equipment.

Appears in 1 contract

Samples: Master Lease Agreement (Alliance Holdings GP, L.P.)

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