RENEWAL RENTAL SCHEDULE NO. A-l6RN1 (the "Renewal Rental Schedule")
DATED AS OF February 1, 1998
TO MASTER LEASE AGREEMENT NO. 8607TXG245 (the "Master Lease")
DATED AS OF July 15, 1986
LESSOR LESSEE
American Income Partners V-C LP Zeigler Coal Holding Company
c/o EQUIS FINANCIAL GROUP 50 Jerome Lane
88 BROAD STREET Fairview Heights, IL
BOSTON, MA 02110 62208
1. LEASE TERM. PAYMENT DATES.
This Renewal Rental Schedule, between American Income Partners V-C LP, as
lessor, lessor's interest therein having been previously sold and assigned by
American Finance Group and Lessee incorporates by reference the terms and
conditions of the Master Lease. Lessor hereby leases to Lessee and Lessee hereby
leases from Lessor those items of Equipment described on the attached Schedule
B, for the Renewal Lease Term and at the Renewal Term Basic Rent payable on the
Payment Dates hereinafter set forth on the attached Schedule A, on the terms and
conditions set forth in the Master Lease.
2. BASIC RENT.
Renewal Term Basic Rent is computed by multiplying the Total Equipment
Cost by the Renewal Lease Rate set forth on the attached Schedule A.
3. ENTIRE AGREEMENT. MODIFICATION AND WAIVERS. EXECUTION IN COUNTERPARTS.
This Renewal Rental Schedule and the Master Lease constitute the entire
agreement between Lessee and Lessor with respect to the leasing of the
Equipment. Capitalized terms not defined herein shall have the meanings assigned
to them in the Master Lease. To the extent any of the terms and conditions set
forth in this Renewal Rental Schedule conflict with or are inconsistent with the
Master Lease, this Renewal Rental Schedule shall govern and control. No
amendment, modification or waiver of this Renewal Rental Schedule or the Master
Lease will be effective unless evidenced in writing signed by the party to be
charged. This Renewal Rental Schedule may be executed in counterparts, all of
which together shall constitute one and the same instrument.
RENEWAL RENTAL SCHEDULE NO. A-l6RN1
PAGE TWO
The undersigned, being the duly authorized representative of the Lessee, hereby
certifies that the items of Equipment described on the attached Schedule B have
been duly delivered to the Lessee in good order and duly inspected and accepted
by the Lessee as conforming in all respects with the requirements and provisions
of the Master Lease, as of the Renewal Term Commencement Date stated on the
attached Schedule A.
American Income Partners V-C LP Zeigler Coal Holding Company
By: AFG Leasing IV Incorporated Lessee
Lessor
By: /s/ Gail O. Ofgant By: /s/ [ILLEGIBLE]
------------------------------- -----------------------------
Title: Vice President Title: Treasurer
---------------------------- -------------------------
COUNTERPART NO. 1 OF 2 SERIALLY NUMBERED MANUALLY EXECUTED COUNTERPARTS. TO THE
EXTENT IF ANY THAT THIS DOCUMENT CONSTITUTES CHATTEL PAPER UNDER THE UNIFORM
COMMERCIAL CODE, NO SECURITY INTEREST MAY BE CREATED THROUGH THE TRANSFER AND
POSSESSION OF ANY COUNTERPART OTHER THAN COUNTERPART NO. 1
EQUIS FINANCIAL GROUP Page 1
Schedule A - Rental Schedule Economics
LESSEE: SHELL OIL COMPANY
LESSOR: EQUIS FINANCIAL GROUP
RENTAL SCHEDULE: A-l6RN1
LEASE TERM (months): 24
PRIMARY START DATE: 2/01/1998
LEASE EXPIRATION DATE: 1/31/2000
PAYMENT FREQUENCY: MONTHLY
ADVANCE/ARREARS: ADVANCE
LEASE RATE: .008520750
PER DIEM LEASE RATE: .000284025
PERIODIC RENT: $8,999.99
NUMBER OF PAYMENTS: 24
TOTAL INTERIM RENT: $ .00
PAYMENT COMMENCEMENT DATE: 2/01/1998
TOTAL EQUIPMENT COST: $1,056,244.48
DOCUMENTATION FEE: ___________________
LESSEE INITIALS
- ---------------------------
/s/ GDO LESSOR INITIALS
- ---------------------------
EQUIS FINANCIAL GROUP PAGE 1
ASSET ACTIVITY CHECKLIST REPORT
PREPARED BY: STEVEN LASPINA
APPROVALS: /s/ SL /
------------------------
TYPE OF TRANSACTION
(/) RENEWAL LEASE ( ) CASUALTY AT STIPULATED LOSS VALUE
( ) SALE TO ORIGINAL USER ( ) EARLY TERMINATION
( ) SALE TO THIRD PARTY USER ( ) WAREHOUSE OF ASSETS
( ) OTHER ___________________________
PRIMARY TERM DATA
ORIGINAL LESSEE SHELL OIL COMPANY
STREET ADDRESS 1 ZEIGLER COAL HOLDING CO
STREET ADDRESS 2 50 JEROME LANE
CITY, STATE, ZIP FAIRVIEW HEIGHTS IL 62208
CONTACT NAME ROBERT MCPEAK
PHONE NUMBER 618-394-2480 FAX NUMBER 618-394-2488
MASTER LEASE NUMBER 8607TXG245
LEASE DATE 7/15/1986
RENTAL SCHEDULE A-16
START DATE 1/01/1991
EXPIRATION DATE 12/31/1997
PAYMENT FREQUENCY M/ADV
LEASE RATE FACTOR .013672000
ASSUMED DEBT RATE 8.8900
TREASURY RATE 7.97
LENDER/LOAN NUMBER KFNL KFNL012
EQUITY OWNER(S) 1053
100.000000000
1 ( ) ORIGINAL TITLES 3 ( ) STOP BILL FORM
2 ( ) PRODUCE IRR REPORT 4 ( ) COLLATERAL DOCS REQUESTED
I. WAREHOUSE DATA (SEE ATTACHED EQUIPMENT LIST)
WAREHOUSE COST $_____________________
DATE WAREHOUSED _____________________ STOP BILL DATE _____________________
EQUIS FINANCIAL GROUP PAGE 2
ASSET ACTIVITY CHECKLIST REPORT
II. EQUIPMENT SALE DATA (SEE ATTACHED EQUIPMENT AND PRICE LIST)
NEW LESSEE OR BUYER
STREET ADDRESS 1
STREET ADDRESS 2
CITY, STATE, ZIP
CONTACT NAME
PHONE NUMBER FAX NUMBER
SALE TYPE BS LS OS RS
TAX EXEMPTION STATUS YES NO EXEMPTION NUMBER
TOTAL SALE PRICE $_________________ BROKERAGE FEE $___________________
SALE DATE/STOP BILL DATE __________________
1 ( ) CREATE MEMO CODE 6 ( ) CHANGE MEMO CODE
2 ( ) AS/400 INPUT 7 ( ) DELIVERY INSTRUCTIONS
3 ( ) MISCELLANEOUS INVOICE 8 ( ) REMOVE RS COUNTERPART IF ALL
4 ( ) PRODUCE DOCUMENTS/SEND TO BUYER ASSETS SOLD
5 ( ) RECEIPT OF PAYMENT 9 ( ) PREP FOR SCANNING
10 ( ) FINAL DOCUMENTS TO BUYER
III. RENEWAL DATA (ATF MAY NEED TO BE CREATED)
NEW RENTAL SCHEDULE A-16RN1 TERM 24 MONTHS
START DATE 1/1/98 EXPIRATION DATE 12/31/99
PAYMENT FREQUENCY [M/ADV] Q/ADV S/ADV A/ADV N/ARR Q/ARR S/ARR A/ARR
STIPULATED LOSS VALUE $_________________ LRF/RENT $.00852075
SEND DOCUMENTS TO LESSEE __________________ END OF LEASE OPTIONS FMV
1 (/) AS/400 INPUT 5 ( ) ACTIVATION REPORT
2 (/) UPDATE EQUITY OWNER 6 ( ) PREP FOR SCANNING
3 (/) PRODUCE DOCUMENTS/SEND TO LESSEE 7 ( ) FINAL DOCUMENTS TO LESSEE
4 ( ) REQUEST UPDATED INSURANCE
IV. NOTES, COMMENTS AND OTHER INFORMATION
_________________________________________
_________________________________________
EQUIS FINANCIAL GROUP PAGE 1
ASSET ACTIVITY REPORT - EQUIPMENT DESCRIPTION
LESSEE: SHELL OIL COMPANY
RENTAL SCHEDULE: A-16
Asset Equipment Cost Serial Number Manufacturer Model Type Status Bill Code
- ------------------------------------------------------------------------------------------------------------------------------------
0013615 973,744.48 74290 EUCLID R-190 TRUCK LEASE WY002
0013616 82,500.00 3700 R57 HAUL TRUCK WHEELS LEASE WY002
-------------
1,056,244.48 Total for Location BUCKSKIN MINE GILLETTE WY 82716 CODE WY001
=============
1,056,244.48 Total Equipment Cost
** END OF REPORT **
[LOGO] Triton Coal Company 113 S. Gillette Avenue, Suite 203
Division Office Gillette, Wyoming 82716
(307) 687-2062
================================================================================
November 20, 1997
Mr. Steve Laspina
Equis Financial Group
88 Broad Street
Boston, MA 02110
Dear Steve:
To follow up our discussions concerning the Euclid R-190 truck leases,
Schedule(s) A-15 and A-16, Triton has elected to extend the current lease
agreement for another 24 months per the terms set forth in your letter of July
24, 1997. These terms were also set forth in the October 1, 1997 letter,
however, we would rather not consider stating a Purchase Price at this time.
Simply, a 24 month extension at $9,000.00 per month will most closely fit with
our mine planning at this time. As I interpret this proposal, the same language
regarding options at termination will hold as set forth in the original lease
agreement.
Please forward the proper documentation required to initiate this 24 month
extension so that I can prepare the paperwork necessary for management approval
signatures at my location.
If there is anything more that I need to do, or if you have any questions
regarding this matter, please call.
Sincerely,
/s/ Bill Seay
Bill Seay
Materials Manager
cc: John Willson
Dick Grady
Scott Deppe
Randy Roos
EQUIS FINANCIAL GROUP PAGE 1
Schedule B Equipment Description
LESSEE: SHELL OIL COMPANY
RENTAL SCHEDULE AND ACCEPTANCE CERTIFICATE NUMBER: A-16RN1
LESSOR: EQUIS FINANCIAL GROUP
Acceptance
Equipment Cost Serial Number Year Manufacturer Model Type Date
- ------------------------------------------------------------------------------------------------------------------------------
973,744.48 74290 EUCLID R-190 TRUCK 1/01/1998
82,500.00 3700 R57 HAUL TRUCK WHEELS 1/01/1998
- ------------------
1,056,244.48 Total for Location BUCKSKIN MINE GILLETTE WY 82716
==================
1,056,244.48 Total Equipment Cost
RENEWAL RENTAL SCHEDULE NO. A-15RN1 (the "Renewal Rental Schedule")
DATED AS OF February 1, 1998
TO MASTER LEASE AGREEMENT NO. 8607TXG245 (the "Master Lease")
DATED AS OF July 15, 1986
LESSOR LESSEE
American Income Partners V-C LP Zeigler Coal Holding Company
c/o EQUIS FINANCIAL GROUP 50 Jerome Lane
88 BROAD STREET Fairview Heights, IL
BOSTON, MA 02110 62208
1. LEASE TERM. PAYMENT DATES.
This Renewal Rental Schedule, between American Income Partners V-C LP, as
lessor, lessor's interest therein having been previously sold and assigned by
American Finance Group and Lessee incorporates by reference the terms and
conditions of the Master Lease. Lessor hereby leases to Lessee and Lessee hereby
leases from Lessor those items of Equipment described on the attached Schedule
B, for the Renewal Lease Term and at the Renewal Term Basic Rent payable on the
Payment Dates hereinafter set forth on the attached Schedule A, on the terms and
conditions set forth in the Master Lease.
2. BASIC RENT.
Renewal Term Basic Rent is computed by multiplying the Total Equipment
Cost by the Renewal Lease Rate set forth on the attached Schedule A.
3. ENTIRE AGREEMENT. MODIFICATION AND WAIVERS. EXECUTION IN COUNTERPARTS.
This Renewal Rental Schedule and the Master Lease constitute the entire
agreement between Lessee and Lessor with respect to the leasing of the
Equipment. Capitalized terms not defined herein shall have the meanings assigned
to them in the Master Lease. To the extent any of the terms and conditions set
forth in this Renewal Rental Schedule conflict with or are inconsistent with the
Master Lease, this Renewal Rental Schedule shall govern and control. No
amendment, modification or waiver of this Renewal Rental Schedule or the Master
Lease will be effective unless evidenced in writing signed by the party to be
charged. This Renewal Rental Schedule may be executed in counterparts, all of
which together shall constitute one and the same instrument.
RENEWAL RENTAL SCHEDULE NO. A-15RN1
PAGE TWO
The undersigned, being the duly authorized representative of the Lessee, hereby
certifies that the items of Equipment described on the attached Schedule B have
been duly delivered to the Lessee in good order and duly inspected and accepted
by the Lessee as conforming in all respects with the requirements and provisions
of the Master Lease, as of the Renewal Term Commencement Date stated on the
attached Schedule A.
American Income Partners V-C LP Zeigler Coal Holding Company
By: AFG Leasing IV Incorporated Lessee
Lessor
By: /s/ Gail O. Ofgant By: /s/ [ILLEGIBLE]
------------------------------- -----------------------------
Title: Vice President Title: Treasurer
---------------------------- -------------------------
COUNTERPART NO. 2 OF 2 SERIALLY NUMBERED MANUALLY EXECUTED COUNTERPARTS. TO THE
EXTENT IF ANY THAT THIS DOCUMENT CONSTITUTES CHATTEL PAPER UNDER THE UNIFORM
COMMERCIAL CODE, NO SECURITY INTEREST MAY BE CREATED THROUGH THE TRANSFER AND
POSSESSION OF ANY COUNTERPART OTHER THAN COUNTERPART NO. 1
EQUIS FINANCIAL GROUP PAGE 1
Schedule A - Rental Schedule Economics
LESSEE: SHELL OIL COMPANY
LESSOR: EQUIS FINANCIAL GROUP
RENTAL SCHEDULE: A-15RN1
LEASE TERM (months): 24
PRIMARY START DATE: 2/01/1998
LEASE EXPIRATION DATE: 1/31/2000
PAYMENT FREQUENCY: MONTHLY
ADVANCE/ARREARS: ADVANCE
LEASE RATE: .008521700
PER DIEM LEASE RATE: .000284057
PERIODIC RENT: $8,999.99
NUMBER OF PAYMENTS: 24
TOTAL INTERIM RENT: $ .00
PAYMENT COMMENCEMENT DATE: 2/01/1998
TOTAL EQUIPMENT COST: $1,056,126.73
DOCUMENTATION FEE: ___________________
LESSEE INITIALS
- ---------------------------
/s/ GDO LESSOR INITIALS
- ---------------------------
EQUIS FINANCIAL GROUP PAGE 1
ASSET ACTIVITY CHECKLIST REPORT
PREPARED BY: STEVEN LASPINA
APPROVALS: /s/ SL /
------------------------
TYPE OF TRANSACTION
(/) RENEWAL LEASE ( ) CASUALTY AT STIPULATED LOSS VALUE
( ) SALE TO ORIGINAL USER ( ) EARLY TERMINATION
( ) SALE TO THIRD PARTY USER ( ) WAREHOUSE OF ASSETS
( ) OTHER _____________________________
PRIMARY TERM DATA
ORIGINAL LESSEE SHELL OIL COMPANY
STREET ADDRESS 1 ZEIGLER COAL HOLDING CO
STREET ADDRESS 2 50 JEROME LANE
CITY, STATE, ZIP FAIRVIEW HEIGHTS IL 62208
CONTACT NAME ROBERT MCPEAK
PHONE NUMBER 618-394-2480 FAX NUMBER 618-394-2488
MASTER LEASE NUMBER 8607TXG245
LEASE DATE 7/15/1986
RENTAL SCHEDULE A-15
START DATE 1/01/1991
EXPIRATION DATE 12/31/1997
PAYMENT FREQUENCY M/ADV
LEASE RATE FACTOR .013672000
ASSUMED DEBT RATE 9.4700
TREASURY RATE 7.97
LENDER/LOAN NUMBER KFNL KFNL012
EQUITY OWNER(S) 1053
100.000000000
1 ( ) ORIGINAL TITLES 3 ( ) STOP BILL FORM
2 ( ) PRODUCE IRR REPORT 4 ( ) COLLATERAL DOCS REQUESTED
I. WAREHOUSE DATA (SEE ATTACHED EQUIPMENT LIST)
WAREHOUSE COST $_____________________
DATE WAREHOUSED _____________________ STOP BILL DATE _____________________
EQUIS FINANCIAL GROUP PAGE 2
ASSET ACTIVITY CHECKLIST REPORT
II. EQUIPMENT SALE DATA (SEE ATTACHED EQUIPMENT AND PRICE LIST)
NEW LESSEE OR BUYER
STREET ADDRESS 1
STREET ADDRESS 2
CITY, STATE, ZIP
CONTACT NAME
PHONE NUMBER FAX NUMBER
SALE TYPE BS LS OS RS
TAX EXEMPTION STATUS YES NO EXEMPTION NUMBER
TOTAL SALE PRICE $_________________ BROKERAGE FEE $___________________
SALE DATE/STOP BILL DATE __________________
1 ( ) CREATE MEMO CODE 6 ( ) CHANGE MEMO CODE
2 ( ) AS/400 INPUT 7 ( ) DELIVERY INSTRUCTIONS
3 ( ) MISCELLANEOUS INVOICE 8 ( ) REMOVE RS COUNTERPART IF ALL
4 ( ) PRODUCE DOCUMENTS/SEND TO BUYER ASSETS SOLD
5 ( ) RECEIPT OF PAYMENT 9 ( ) PREP FOR SCANNING
10 ( ) FINAL DOCUMENTS TO BUYER
III. RENEWAL DATA (ATF MAY NEED TO BE CREATED)
NEW RENTAL SCHEDULE A-15RN1 TERM 24 MONTHS
START DATE 1/1/98 EXPIRATION DATE 12/31/99
PAYMENT FREQUENCY [M/ADV] Q/ADV S/ADV A/ADV N/ARR Q/ARR S/ARR A/ARR
STIPULATED LOSS VALUE $_________________ LRF/RENT $.00852070/9,000
SEND DOCUMENTS TO LESSEE __________________ END OF LEASE OPTIONS FMV
1 (/) AS/400 INPUT 5 ( ) ACTIVATION REPORT
2 (/) UPDATE EQUITY OWNER 6 ( ) PREP FOR SCANNING
3 (/) PRODUCE DOCUMENTS/SEND TO LESSEE 7 ( ) FINAL DOCUMENTS TO LESSEE
4 ( ) REQUEST UPDATED INSURANCE
IV. NOTES, COMMENTS AND OTHER INFORMATION
_________________________________________
_________________________________________
EQUIS FINANCIAL GROUP PAGE 1
ASSET ACTIVITY REPORT - EQUIPMENT DESCRIPTION
LESSEE: SHELL OIL COMPANY
RENTAL SCHEDULE: A-15
Asset Equipment Cost Serial Number Manufacturer Model Type Status Bill Code
- ------------------------------------------------------------------------------------------------------------------------------------
0013613 973,626.73 74289 EUCLID R-190 TRUCK LEASE WY002
0013614 82,500.00 3700 R57 HAUL TRUCK WHEELS LEASE WY002
-------------
1,056,126.73 Total for Location BUCKSKIN MINE GILLETTE WY 82716 CODE WY001
=============
1,056,126.73 Total Equipment Cost
** END OF REPORT **
[LOGO] Triton Coal Company 113 S. Gillette Avenue, Suite 203
Division Office Gillette, Wyoming 82716
(307) 687-2062
================================================================================
November 20, 1997
Mr. Steve Laspina
Equis Financial Group
88 Broad Street
Boston, MA 02110
Dear Steve:
To follow up our discussions concerning the Euclid R-190 truck leases,
Schedule(s) A-15 and A-16, Triton has elected to extend the current lease
agreement for another 24 months per the terms set forth in your letter of July
24, 1997. These terms were also set forth in the October 1, 1997 letter,
however, we would rather not consider stating a Purchase Price at this time.
Simply, a 24 month extension at $9,000.00 per month will most closely fit with
our mine planning at this time. As I interpret this proposal, the same language
regarding options at termination will hold as set forth in the original lease
agreement.
Please forward the proper documentation required to initiate this 24 month
extension so that I can prepare the paperwork necessary for management approval
signatures at my location.
If there is anything more that I need to do, or if you have any questions
regarding this matter, please call.
Sincerely,
/s/ Bill Seay
Bill Seay
Materials Manager
cc: John Willson
Dick Grady
Scott Deppe
Randy Roos
EQUIS FINANCIAL GROUP PAGE 1
Schedule B Equipment Description
LESSEE: SHELL OIL COMPANY
RENTAL SCHEDULE AND ACCEPTANCE CERTIFICATE NUMBER: A-15RN1
LESSOR: EQUIS FINANCIAL GROUP
Acceptance
Equipment Cost Serial Number Year Manufacturer Model Type Date
- ------------------------------------------------------------------------------------------------------------------------------
973,626.73 74289 EUCLID R-190 TRUCK 1/01/1998
82,500.00 3700 R57 HAUL TRUCK WHEELS 1/01/1998
- ------------------
1,056,126.73 Total for Location BUCKSKIN MINE GILLETTE WY 82716
==================
1,056,126.73 Total Equipment Cost