DELIVERY AND ACCEPTANCE CERTIFICATE. TO: LESSOR RE: MASTER EQUIPMENT LEASE DATED: May 26, 1994 Equipment Schedule # 1 ------------------------------------------------------------------------------ The undersigned represents and warrants that the equipment described in Equipment Schedule # 1 which has been made a part of the Master Equipment Lease between Lessor and Lessee, dated May 26, 1994, has been delivered to and accepted by Lessee and any installation or other work to be performed by Lessor, if any, necessary prior to our use of the equipment has been completed in a satisfactory manner. The undersigned affirms that except as provided in the Asset Purchase Agreement, LESSOR HAS MADE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE CONDITION OR QUALITY OF THE EQUIPMENT, ITS YEAR OF MANUFACTURE, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Without prejudice to any rights we may have against the manufacturer or supplier, we accept the original Equipment AS IS, WHERE IS, with respect to our agreement with Lessor. We acknowledge that Lessor has selected the manufacturer and supplier of the Original Equipment but has no responsibility for the performance of the Original Equipment. We agree that all claims, defenses, and setoffs shall be settled directly with the supplier or manufacturer without affecting our obligations to Lessor. The undersigned certifies the equipment is now located at Beeville, Texas. DO NOT SIGN THIS CERTIFICATE UNTIL THE EQUIPMENT HAS ACTUALLY BEEN RECEIVED AND ACCEPTED. LESSOR MAY RELY ON THIS CERTIFICATE IN ADVANCING FUNDS. Date: May 26, 1994 WASTE-QUIP MANUFACTURING COMPANY By: /s/ Charxxx X. Xxxxxx ---------------------------------- Title: Chairman ------------------------------- PROPERTY SCHEDULE # 1 (including payment terms) This Property Schedule is part of the Master Equipment Lease dated May 26, 1994, between MAY PROPERTIES, INC., as Lessor, and WASTE-QUIP MANUFACTURING COMPANY, as Lessee.
DELIVERY AND ACCEPTANCE CERTIFICATE is a document signed by the Parties confirming the delivery of the Facility for its use in accordance with the Permitted Use in the manner and under the terms of the Agreement, executed by the Parties in the form specified in Appendix No. 2 to the Agreement.
DELIVERY AND ACCEPTANCE CERTIFICATE. On (the "Date of Acceptance"), each Vehicle listed in this Schedule was delivered to Lessee, in conjunction with Xxxxxx's lease of the Vehicle, and Xxxxxx acknowledges its receipt and irrevocable acceptance of the Vehicle. Lessee represents and warrants to Lessor that Lessee has: accepted delivery of and inspected each Vehicle; determined that each Vehicle contains all of the major components and accessories as agreed; each Vehicle is in good working order, repair, and condition; and that each Vehicle is fit for immediate and continued use and conforms to Lessee's requirements without exception. Lessee understands and acknowledges that Lessor is entering into the Lease Documents based on Xxxxxx's representation and warranty that Lessee will pay in full to Lessor all payments when due as required by the Lease Documents. Lessee also represents and warrants to Lessor that no Default or event which, but for the passage of time or the giving of notice, or both, would constitute a Default under the Lease Documents has occurred and is continuing as of the Date of Acceptance and that all of the representations and warranties made by Lessee in the Lease Documents are correct and complete as though made on and as of the date of this Schedule. Lessee's Initials:
DELIVERY AND ACCEPTANCE CERTIFICATE. The equipment under this Lease has been inspected by the undersigned and was received in a satisfactory workable condition and it is fit for the purpose for which it was/is intended. If this Lease is executed by the LESSEE prior to the time that the LESSEE has taken delivery and possession of the equipment, then the LESSEE warrants that it will, within 24 hours of taking delivery and possession of the equipment, make an inspection as it deems necessary and notify the LESSOR in writing of any items of dissatisfaction to the LESSEE. If, within 24 hours of delivery of the equipment to the LESSEE, the LESSOR does not receive from the LESSEE written notice of dissatisfaction concerning the equipment, then the LESSEE is deemed to have received the equipment in satisfactory condition and it waives any right that it might have to assert anything to the contrary. The Lessee also confirms and acknowledges that the Lessor is under no obligation to inspect service or otherwise maintain the equipment. The Lessee has read the Lease and is aware of and understands the terms and conditions thereof and in particular, but not limited to paragraph 21 (Representations and Warranties). The Lessee acknowledges that the Lessor is not a manufacturer or distributor of the equipment, nor an agent of the supplier, and that this agreement is intended as a lease and is subject to the terms and conditions of such agreement. Date of Delivery and Acceptance:
DELIVERY AND ACCEPTANCE CERTIFICATE. This Certificate is delivered by the undersigned Operator ("Operator") pursuant to the Aircraft Agreement dated as of September 30, 2002 ("Agreement"), and in connection with the following aircraft ("Aircraft") rented thereunder: Manufacturer: Cessna Aircraft Corporation Model: Cessna 560 Serial Number: 560-0573 Registration Number: N 162TF Operator hereby certifies that the Aircraft (including all pertinent operational equipment and logs and maintenance manuals) has been delivered to Operator, that Operator has caused its duly qualified expert to inspect the Aircraft (and all pertinent operational equipment and logs and maintenance manuals), and that, based upon such inspection (which is entirely to Operator's satisfaction), Operator hereby accepts the Aircraft as of the Delivery Date specified below for all purposes of the Agreement (including, without limitation, "operational control" thereof as such term is used and defined under the Federal Aviation Regulations). Operator will have operational control commencing at the beginning of each Rental Period and ending upon the return of the Aircraft to Owner at the end of each Rental Period throughout the term of this Agreement. Operator hereby further certifies that the following information is true and correct: Delivery Date: The date of Operator's execution of this Certificate. Delivery Time: ________________ Delivery Location: Nashville, TN, BNA Return Date: __________________ Anticipated Return Time: ___________ Return Location: Nashville, TN, BNA OWNER: WITNESS: Tomco II, LLC By: -------------------------------- By: Date: ------------------------------------ ------------------------------- Date: -------------------------------- OPERATOR: HCA MANAGEMENT SERVICES, L.P. By: ---------------------------------- Date: -------------------------------- EXHIBIT A AIRCRAFT IDENTIFICATION Manufacturer: Cessna Aircraft Corporation Model: Cessna 560 Serial Number: 560-0573 Registration Number: N 162TF BASE RENT $1,200 per Hobbs Hour HOME BASE BNA
DELIVERY AND ACCEPTANCE CERTIFICATE. If Lessee cancels or terminates a Lease prior to delivery of the Equipment or if Lessee fails or refuses to sign the Delivery and Acceptance Certificate within a reasonable time, not to exceed five (5) business days, after the Equipment has been delivered, Lessor will have the option of treating the Lease as cancelled by Lessee and Lessee will automatically assume all of Lessor’s rights and obligations as purchaser of the Equipment, whether under any agreements with the Supplier and/or the Manufacturer or otherwise.
DELIVERY AND ACCEPTANCE CERTIFICATE. This Certificate hereby certifies that:
DELIVERY AND ACCEPTANCE CERTIFICATE. TO: COMMERCIAL CREDIT GROUP INC. (Lessor/Secured Party/Payee) RE: Lease Agreement and/or Security Agreement and/or Promissory Note dated January 15, 2005, between Stone Cold Enterprises, Inc., as Lessee/Debtor/Maker (herein called “Obligor”), and COMMERCIAL CREDIT GROUP INC. as Lessor/Secured Party/ Payee, (herein called “Contract”). On the Property (as more fully described in the Contract) was delivered to Obligor with all installation and other work necessary for the proper use of the Property completed at the location agreed upon by Obligor and the Property was inspected by Obligor and found to be in satisfactory condition in all respects and delivery was unconditionally accepted by Obligor. Obligor further acknowledges that Lessor/Secured Party/Payee makes no warranties expressed or implied, as to the suitability, durability, fitness for use, merchantability, condition, quality or otherwise of any Property and Obligor specifically waives all rights to make claim against Lessor/Secured Party/Payee or its assignee or endorsee. Lessor/Secured Party/Payee or its assignee or endorsee shall not be liable to Obligor for any loss, damage or expense of any kind or nature caused directly or indirectly by any Property, or the use or maintenance thereof or the failure of operation thereof, or the repairs, service or adjustment thereto, or by any delay or failure to provide any thereof, or by any interruption of service or loss of use thereof or for any loss of business or damage whatsoever and howsoever caused. No defect or unfitness of Property shall relieve Obligor of any obligation under the Contract. Lessor/Secured Party/Payee may assign the Contract without notice to Obligor, and upon such assignment Obligor agrees not to assert against any assignee or endorsee hereof any defense, set-off, recoupment, claim, counterclaim or cross-claim which Obligor may have against Lessor/Secured Party/Payee, whether arising hereunder or otherwise. Dated January 15, 2005 Stone Cold Enterprises, Inc. (Obligor) By: Its: ( Title)
DELIVERY AND ACCEPTANCE CERTIFICATE. The term “Delivery and Acceptance Certificate” means the certificate executed by Oakley upon accepting delivery of the Aircraft, the form of which is attached hereto as Exhibit A.
DELIVERY AND ACCEPTANCE CERTIFICATE. The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") as fully installed and in good working condition; and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of the Master Equipment Lease-Purchase Agreement ("Lease") executed by Lessee and Lessor.
