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BANC OF AMERICA LEASING & CAPITAL LLC - EQUIP LEASE AGMT 2005
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BANC OF AMERICA LEASING & CAPITAL LLC - EQUIP LEASE AGMT 2005
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6/27/2014 12:05:04 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
4/21/2005
LONG TERM AGREEMENTS - NAME
BANC OF AMERICA LEASING & CAPITAL LLC
LONG TERM AGREEMENTS - TYPE
MISC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
CALLIPPE
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• <br /> financial statements and information as Lessor may reasonably request, and (iii) its annual <br /> budget for the following fiscal year within 90 days of the current fiscal year end. The <br /> financial statements described in subsection (1) shall be accompanied by an unqualified <br /> opinion of Lessee's auditor. Credit information relating to Lessee may be disseminated <br /> among Lessor and any of its affiliates and any of their respective successors and assigns. <br /> (h) Lessee has an immediate need for the Equipment listed on each Schedule and <br /> expects to make immediate use of the Equipment listed on each Schedule. Lessee's need for <br /> the Equipment is not temporary and Lessee does not expect the need for any item of the <br /> Equipment to diminish during the Lease Term to such item. <br /> (i) The payment of the Rental Payments or any portion thereof is not (under <br /> the terms of any Lease or any underlying arrangement) directly or indirectly (x) secured <br /> by any interest in property used or to be used in any activity carried on by any person <br /> other than a state or local governmental unit or payments in respect of such property; or <br /> (y) on a present value bash, derived from payments (whether or not to Lessee) in respect <br /> of property, or borrowed money, used or to be used in any activity carried on by any <br /> person other than a state or local governmental unit. The Equipment will not be used, <br /> directly or indirectly, in any activity carried on by any person other than a state or local <br /> governmental unit. No portion of the Equipment Costs for the Equipment will be used, <br /> directly or indirectly, to make or finance loans to any person other than Lessee. Lessee <br /> has not entered into any management or other service contract with respect to the use and <br /> operation of the Equipment. <br /> (j) There is no pending litigation, tax daim, proceeding or dispute that may <br /> adversely affect Lessee's financial condition or impairs its ability to perform its obligations <br /> hereunder. Lessee will, at its expense, maintain its legal existence in good standing and do <br /> any further act and execute, acknowledge, deliver, file, register and record any further <br /> documents Lessor may reasonably request in order to protect Lessor's security interest in <br /> the Equipment and Lessor's rights and benefits under this Lease. <br /> ARTICLE III <br /> Section 3.01. Lease of Equipment. Subject to the terms of this Master Lease, Lessor <br /> agrees to provide the funds specified in each Lease to be provided by it to acquire the <br /> Equipment, up to an amount equal to the Maximum Equipment Cost. Upon the execution <br /> of each Lease, Lessor demises, leases, transfers and lets to Lessee, and Lessee acquires, rents <br /> and leases from Lessor, the Equipment as set forth in such Lease and in accordance with <br /> the terms thereof. The Lease Term for each Lease may be continued, solely at the option <br /> of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding <br /> Renewal Term up to the maximum Lease Term set forth in such Lease. At the end of the <br /> Original Term and at the end of each Renewal Term until the maximum Lease Term has <br /> been completed, Lessee shall be deemed to have exercised its option to continue each Lease <br /> for the next Renewal Term unless Lessee shall have terminated such Lease pursuant to <br /> Section 3.03 or Section 10.01. The terms and conditions during any Renewal Term shall be <br /> #219845v12(Gov't Entity Master Lease) 5 <br />
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