become due; provided that, with respect to any such taxes and charges that may lawfully be paidin
installments over a period of years, Lessee will be obligated to pay only such installments that accrue
during the Lease Term.
applicable laws, regulations and rulings of any legislative, executive, administrative or judicial body;
provided, however, that Lessee may contest in good faith the validity or application of any such law,
regulation or rulingin any reasonable manner that does not, in the opinion of Lessor, adversely affect the
interest of Lessor in and to the Equipment or its interest or rights under this Agreement.
Section 9. Rental Payments. Lessee will pay Rental Payments from all legally available funds, in
lawful money of the United States of America to Lessor in the amounts and on the dates set forth on the
Payment Schedule, such payment to be made by wire or other form of electronic payment in accordance
with written instructions provided by Lessor or, with Lessor’s consent, by such other commercially
reasonable method of payment. Rental Payments will be in consideration for Lessee’s use of the
(c) Lessee has not created or established, and does not expect to create or establish, any sinking fund or
other similar fund (i) that is reasonably expected to be used to pay the Rental Payments, or (ii) that may
be used solely to prevent a default in the payment of the Rental Payments.
(d) The Equipment has not been and is not expected to be sold or otherwise disposed of by Lessee, either
in whole or in major part, prior to the last maturity of the Rental Payments.
substantially all the Equipment, which needis not temporary or expected to diminish in the foreseeable
future. The Equipment will be used by Lessee only for the purpose of performing one or more of Lessee’s
governmental or proprietary functions consistent with the permissible scope of Lessee’s authority.
“Rental Payments” means the basic rental payments payable by Lessee pursuant to Section 9.
“State” means the State of New Hampshire.
“Vendor” means the manufacturer of the Equipment as wellas the agents or dealers of the m anufacturer
from whom the Equipment is or has been purchased, as listed on Exhibit A.
Section 2. Representations and Covenants of Lessee. Lessee represents, warrants and covenants for
the benefit of Lessor as follows:
EQUIPMENT LEASE PURCHASE AGREEMENT
THIS EQUIPMENT LEASE PURCHASE AGREEMENT (the “Agreement’), is dated as of October 20, 2020,
be tween MUNICIPAL LEASING CONSULTANTS, LLC, a limited liability company organized and existing
under the laws of the State of Vermont, as Lessor (“Lessor”), and the CITY OF NASHUA, NEW
HAM PSHIRE, ON BEHALF OF NASHUA SCHOOL DISTRICT, a political subdivision existing under the
laws of the State of New Hampshire, as Lessee (“Lessee”), wherein the parties hereby agree as follows:
Document
Number
12. UCC-1 Financing Statements:
A. Respecting the Equipment.
B. Respecting the Assignment.
13. Lender Certificate from Capital One Public Funding, LLC, together with related
correspondence to Lessee.
14. Form W-9 from the City of Nashua, New Hampshire.
# # #
Document
Number
1.
10.
11.
Gilmore & Bell, P.C.
September 16, 2020
$6,671,814
EQUIPMENT LEASE PURCHASE AGREEMENT
DATED AS OF OCTOBER 20, 2020, BETWEEN
MUNICIPAL LEASING CONSULTANTS, LLC, AS LESSOR, AND THE
CITY OF NASHUA, NEW HAMPSHIRE,
ON BEHALF OF NASHUA SCHOOL DISTRICT, AS LESSEE
CLOSING DATE: OCTOBER 20, 2020
LIST OF CLOSING DOCUMENTS
Equipment Lease Purchase Agreement, with the following exhibits attached:
Exhibit A: Equipment Schedule.
Exhibit B: Payment Schedule.
ATTACHMENT “C” — ADDITIONAL SERVICES &
PROVISIONS
DESCRIPTION OF ADDITIONAL SERVICES & COVERED EQUIPMENT
No additional services proposed at this time.
M&V SSA EEI Nashua 012720
