LEASE AGREEMENT
Between
COUNTY OF DODGE, NEBRASKA, Lessor,
and
THE OILGEAR COMPANY, Lessee
Dated as of October 1, 1997
$4,000,000
County of Dodge, Nebraska
Variable Rate Demand Industrial Development Revenue Bonds, Series 1997
(The Oil gear Company Project)
Certain rights of Lessor under this Agreement have been assigned to, and are subject to a security interest in favor of, Norwest Bank Wisconsin, National Association, as Trustee under a Trust Indenture, dated as of the date first above written, as amended or supplemented from time to time. Information concerning such security interest may be obtained from the Trustee at 100 East Wisconsin Avenue, Milwaukee, Wisconsin 53202.
全文目录如下:
详细内容见附件
ARTICLE I
DEFINITIONS AND USE OF PHRASES
Section 1.2. Use of Phrases; Rules of Construction
ARTICLE II
DEMISING CLAUSES; LEASE TERM; RENTAL PROVISIONS
Section 2.1. Demise of the Leased Premises
Section 2.2. Title to Leased Premises
Section 2.4. Issuance of Bonds To Finance the Project
Section 2.5. Effective Date of Agreement; Duration of Lease Term
Section 2.6. Delivery and Acceptance of Possession
Section 2.8. DIRECT, UNSECURED OBLIGATION
Section 2.9. PLEDGE AND ASSIGNMENT TO TRUSTEE
ARTICLE III
ACQUISITION, CONSTRUCTION AND INSTALLATION OF THE PROJECT
Section 3.1. AGREEMENT TO COMPLETE THE PROJECT; TITLE TO PROJECT
Section 3.2. Manner of Procuring Disbursements from the Cost of Issuance Fund
Section 3.3. Manner of Procuring Disbursements from the Construction Fund
Section 3.4. Amendments to Project Plans and Specifications
Section 3.5. Establishment of Project Completion Date
Section 3.6. Closing of Construction Fund
Section 3.7. Maintenance and Improvement of Project
Section 3.8. Enforcement of Contracts
Section 3.9. Ownership of Tax Benefits
ARTICLE IV
CONVERSION OF INTEREST RATES, REMARKETING AGENT
AND CREDIT FACILITIES
Section 4.1. Conversion of Interest Rate
Section 4.2. Concerning Re-marketing Agent
Section 4.3. Concerning Substitute Credit Facilities
Section 4.4. References to Credit Facility Provider After Expiration or Default of Credit Facility
ARTICLE V
PREPAYMENT OF LEASE RENTALS
Section 5.1. Optional Prepayment Upon Occurrence of Certain Extraordinary Events
Section 5.2. Mandatory Prepayment of Rental Payments Upon Determination of Tax ability 10
Section 5.3. Optional Prepayment of Rental Payments
Section 5.4. Deposit of Prepayments in Redemption Fund
Section 5.5. Corresponding Redemption of Bonds
Section 5.6. Purchase and Cancellation of Bonds
ARTICLE VI
REPRESENTATIONS OF COMPANY
Section 6.1. Corporate Existence and Authorization
Section 6.2. Accuracy of Project Description and Project Budget
Section 6.3. Absence of Conflicting Agreements
Section 6.5. Regulatory Approvals
Section 6.6. Absence of Litigation
Section 6.7. Date and Survival of Representations; Exceptions
ARTICLE VII
COVENANTS OF COMPANY
Section 7.1. Payment of Rental Payments
Section 7.2. Unconditional Obligation to Provide Issuer with Sufficient Revenues
Section 7.3. Indemnification of Issuer
Section 7.4. TAXES, LICENSES, UTILITIES AND GOVERNMENTAL CHARGES
Section 7.6. TAX STATUS OF BONDS
Section 7.7. Sale or Transfer of Project
Section 7.8. Maintenance of Corporate Existence
Section 7.9. Transfers of Assets
Section 7.10. No Warranty of Condition or Suitability by Issuer
Section 7.11. Inspection of the Leased Premises
Section 7.12. Granting of Easements
Section 7.13. Company To Hold Issuer and Trustee Harmless
Section 7.14. Mortgage or Security Interest in Leased Premises
ARTICLE VIII
DAMAGE; EMINENT DOMAIN
ARTICLE IX
ASSIGNMENT, SUBLEASING, PLEDGING AND SELLING; REDEMPTION; RENT PREPAYMENT AND ABATEMENT
Section 9.2. Redemption of Bonds
Section 9.3. Prepayment of Rents
Section 9.4. Reference to Bonds Ineffective After Bonds Paid
ARTICLE X
RELEASE OF LEASED PREMISES
Section 10.1. Option To Acquire Legal Title Upon Full Payment of the Bonds
Section 10.2. Partial Releases
ARTICLE XI
THE TRUSTEE AND TRUST FUNDS
Section 11.1. Payment of Trustee's Fees
Section 11.2. Duty To Provide Data
Section 11.3. Investment of Trust Funds; Arbitrage
Section 11.4. Bond Fund and Redemption Fund
Section 11.5. Surplus Construction Fund
Section 11.6. Excess Trust Fund Moneys
ARTICLE XII
DEFAULT PROVISIONS
Section 12.1. Defaults; Events of Default
Section 12.4. Disposition of Amounts Collected
Section 12.5. Payment of Costs and Expenses
Section 12.6. Limitation on Waivers
Section 12.7. Performance by Third Parties
Section 12.8. Performance for Issuer Under Indenture
Section 13.8. Limited Liability of Issuer
EXHIBIT A-Legal Description of Land
EXHIBIT B-Description of Building Improvement
EXHIBIT C-Description of Equipment
EXHIBIT D-Project Costs
EXHIBIT E-Form of Requisition