Board Of Aldermen - Agenda - 9/22/2020 - P193
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.
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