Comco Equipment Lease

Comco Equipment Lease Agreement
EQUIPMENT LEASE AGREEMENT AGREEMENT # 19271


LESSOR: COMCO EQUIPMENT LEASING GROUP 1611 Huron Trail Maitland, FL 32751


EQUIPMENT QUANTITY MODEL# SERIAL#


DESCRIPTION


See Attached Schedule A


EQUIPMENT LOCATION IF OTHER THAT BILLING ADDRESS OF LESSEE


TERM & RENT INITIAL TERM 36 MONTHS


MONTHLY RENTAL PAYMENT $912.00 (Plus applicable tax) ADVANCE 1ST & LAST PAYMENT $1,824.00 (Check must accompany lease)


TERMS AND CONDITIONS


The words You and Your mean the Lessee. The words WE, US, and OUR refer to the Lessor indicated on reverse.


1. Rental ("AgreemenT"): We agree to rent to you and you agree to rent from us the equipment listed above ("Equipment"). You promise to pay us the rental payment according to the payment schedule shown above. The parties intend this Agreement to be a finance lease under Article 2A of the Uniform Commercial Code.


2. Terms and Rent: The initial term shall commence on the day that any of the Equipment is delivered to you (The Commencement Date). The installments of rent shall be payable in advance at the time and in the amounts provided above, commencing on the Commencement Date and subsequent payments shall be due on the same date of each successive period thereafter until all rent and any additional rent or expenses chargeable under this Agreement shall have been paid in full. Lessee obligation to pay the rent and other obligations hereunder shall be absolute and unconditional and are not subject to any abatement, set-off, defense or counter-claim for any reason whatsoever.


3. No Warranties: We are renting the Equipment to you "AS IS". We make no warranties, express or implied, including warranties of merchantability, or fitness for a particular purpose in connection with this Agreement. We transfer to you for the term of this Agreement any warranties made by manufacturer or supplier to us. Neither supplier nor any agent of supplier is an agent of lessor or is authorized to waive or modify any term or condition of this Agreement.


Lessee Trilogy International Inc. Phone # 561-781-7278


Billing Address 526 SE Dixie Highway; Stuart, FL 34994


BY X__________________________________________________________________


Authorized Signature Title Date


Print name: Carol Berardi


267


The terms and conditions printed within are made a part hereof


GUARANTY


To induce Lessor to enter into the within Agreement, the undersigned (jointly and severally, if more than one) unconditionally guarantees to Lessor the prompt payment when due of all Lessee's obligations to Lessor under the Agreementincluding without limitation every rental installment, the accelerated balance of rents, administrative charges, collection charges, and interest. Lessor shall not be required to proceed against Lessee or Equipment or to enforce any of its other remedies before proceeding against the undersigned. The undersigned agrees to pay all reasonable attorney's fees, court costs and toher expenses incurred by Lessor by reason of any default by Lessee. The undersigned waives notice of acceptance hereof and all the other notices or demands of any kind to which the undersigned may be entitled except demand for payment. The undersigned consents to any extensions of time or modification of amount of payment granted to Lessee and the release and/or compromise of any obligations of Lessee or any toher obligors and /or guarantors without in any way releasing the undersigned's obligations hereunder. This is a continuing Guaranty and shall not be discharged or affected by your administrators, representatives, successors and assigns. Guarantor waives any right of subrogation, indemnity, reimbursement and contribution by Lessee. This Guaranty shall continue to be effective or reinstated, as applicable. If at any time payment of any part of the obligations under the Agreement is rescinded or otherwise required to be returned by Lessor upon the insolvency, bankruptcy, or reorganization of Lessee or upon the appointment of a receiver, trustee or similar officer for Lessee, or it's assets, all as though such payment to Lessor had not been made, regardless of whether Lessor protested the order requiring the return of such payment. This Guaranty may be enforced by or for the benefit of any assignee or successor of Lessor. Nothing shall discharge or satisfy the undersigned's liability except the full performance and payment of all the Lessee's obligation to Lessor with interest. The undersigned consents to the personal jurisdiction of the courts of the State of New Jersey with respect to any action arising out of any lease, guaranty settlement agreement, promissory note or other accommodation or agreement with lessor. This means that any legal action filed against the lessee and/or guarantors maybe filed in New Jersey and and that lessee and/or any of the guarantors may be required to defend and litigate any such action in New Jersey. Lessee and all Guarantors agree that service of process by certified mail, return receipt requested,


Shall be deemed the equivalent of personal service in any such action. Any legal action concerning this Agreement shall be governe ...