ENERGY PERFORM ANCE CONTRACT
WITH ENERGY EFFICIENT INVESTMENTS, INC.
[Signed copy to be provided prior to Closing Date.]
PAYM ENT AND PERFORMANCE BONDS RESPECTING THE EQUIPMENT, INCLUDING DUAL
OBLIGEE RIDER NAMING THE FOLLOWING PARTY AS AN ADDITIONAL OBLIGEE
Capital One Public Funding, LLC and its successors and assigns
1307 Walt Whitman Road, 3" Floor
Melville, NY 11747
[To be provided by Lessee before money is withdrawn
from the Escrow Fund for costs of the Equipment.|
NOTICE OF ASSIGNMENT
October 20, 2020
City of Nashua, New Hampshire,
on behalf of Nashua School District
229 Main Street
Nashua, NH 03060
Re: Equipment Lease Purchase Agreement dated as of October 20, 2020, between the
City of Nashua, New Hampshire, on behalf of Nashua School District, as lessee
(“Lessee”), and Municipal Leasing Consultants, LLC, as lessor (“Lessor”) (the
“Agreement”)
Ladies and Gentlemen:
Please be advised that the undersigned Lessor has assigned all ofits right, title and interest in,
to and under the Agreement, the Equipment leased thereunder, and the right to receive Rental
Payments thereunder and the payment of the Purchase Price thereunder to Capital One Public Funding,
LLC, a New York limited liability company (“Assignee”), whose mailing address is 1307 Walt Whitman
Road, 3'¢ Floor, Melville, NY 11747, and whose tax identification number is 11-2209667.
All Rental Payments and payment of the Purchase Price due under the Agreement should be
made to the Assignee by wire or other form of electronic payment in accordance with written
instructions provided by Assignee or, with Assignee’s consent, by mail at the address below or as
otherwise instructed by Assignee
CAPITAL ONE PUBLIC FUNDING, LLC
1307 WALT WHITMAN ROAD, 3 FLOOR
MELVILLE, NY 11747
Lessee acknowledges that Assignee is acting solely as Assignee for its own loan account and not
as a fiduciary for Lessee or in the capacity of broker, dealer, placement agent, municipal securities
underwriter, municipal advisor or fiduciary. Assignee has not provided, and will not provide, financial,
le gal (including securities law), tax, accounting or other advice to or on behalf of Lessee (including to
any financial advisor or any placement agent engaged by Lessee) with respect to the structuring,
issuance, sale or delivery of the Agreement. Lessee acknowledges that Assignee has no fiduciary duty
pursuant to Section 15B of the Securities Exchange Act of 1934 to Lessee with respect to the
transactions relating to the structuring, issuance, sale or delivery of the Agreement and the discussions,
undertakings and proce dures leading thereto. Each of Lessee, its financial advisor and its placement
agent has sought and shall seek and obtain financial, legal (including securities law), tax, accounting
and other advice (including as it relates to structure, timing, terms and similar matters and compliance
with le galrequirements applicable to such parties) with respect to the Agreement from its own financial,
legal, tax and other advisors (and not from Assignee or its affiliates) to the extent that Lessee, its
financial advisor or its placement agent desires, should or needs to obtain such advice. Assignee
expresses no view regarding the legal sufficiency of its representations for purposes of compliance with
any legalrequirements applicable to any other party, including but not limited to Lessee’s financial
advisor or placement agent, or the correctness of any le galinterpretation made by counsel to any other
party, including but not limited to counsel to Lessee’s financial advisor or placement agent, with respect
to any such matters. Lessee acknowledges that the transaction between Lessee and Assignee is an
arm’s length commercial transaction in which Assignee is acting and has acted solely as a principal and
for its own interest, and Assignee has not made recommendations to Lessee with respect to the
transaction relating to the Agreement.
[The remainder of this page left blank intentionally.|
ACKNOWLEDGED AND AGREED TO:
Please acknowledge your receipt of this notice and your agreement to make payments due under
the Agreement to Assignee by the signature of a duly authorized officer in the space provided on the
enclosed counterpart of this letter and return it to us at the address set forth below.
Sincerely,
MUNICIPAL LEASING CONSULTANTS, LLC,
LESSOR
By:
Name:
Title:
Address: 7 Old Town Lane
Grand Isle, VT 05458
CITY OF NASHUA, NEW HAMPSHIRE, ON BEHALF
OF NASHUA SCHOOL DISTRICT
By:
Name:
Title:
Mayor
ACCEPTED:
NASHUA SCHOOL DISTRICT
By:
Name:
Title:
Daniel Donovan
Chief Operating Officer
ASSIGNMENT
[To be entered into between Initial Lessor and Capital One Public Funding, LLC]
UCC-1 FINANCING STATEMENTS
[To be prepared and filed by Lessor Counsel.]
LENDER CERTIFICATE
[See separate letter and form of Lender Certificate from Capital One Public Funding, LLC]
FORM W-9 FROM THE
CITY OF NASHUA, NEW HAMPSHIRE
[On file with Lessor. ]
R-20-077
RESOLUTION
RENAMING COLUMBUS DAY AS INDIGENOUS PEOPLE DAY IN NASHUA
CITY OF NASHUA
in the Year Two Thousand and Twenty
RESOLVED by the Board of Aldermen of the City of Nashua that in the City of Nashua,
the second Monday in October will be known as “Indigenous People Day”.
FURTHER RESOLVED that any reference to Columbus Day will be understood to
mean Indigenous People Day.
RESOLUTION:
PURPOSE:
SPONSOR(S):
COMMITTEE
ASSIGNMENT:
FISCAL NOTE:
LEGISLATIVE YEAR 2020
R-20-077
Renaming Columbus Day as Indigenous People Day in Nashua
Alderwoman-at-Large Shoshanna Kelly
Personnel/Administrative Affairs Committee
None.
ANALYSIS
This legislation would rename Columbus Day as Indigenous People Day in Nashua.
Approved as to form:
Office of Corporation Counsel
By: /s/ Dorothy Clarke
Date: September 17, 2020
