LEASE AGREEMENT Dated as of June 22, 2006 among BTMU CAPITAL CORPORATION as Lessor and LENNOX PROCUREMENT COMPANY INC. as LesseeLease Agreement • June 28th, 2006 • Lennox International Inc • Air-cond & warm air heatg equip & comm & indl refrig equip • New York
THIS LEASE AGREEMENT (as from time to time amended or supplemented, this “Lease”), dated as of June 22, 2006, is between BTMU CAPITAL CORPORATION, a Delaware corporation (together with its successors and permitted assigns hereunder, “Lessor”), as Lessor, and LENNOX PROCUREMENT COMPANY INC., a Delaware corporation (together with its successors and permitted assigns hereunder, “Lessee”), as Lessee.
MEMORANDUM OF LEASE, DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING Dated as of June 22, 2006 by and between LENNOX PROCUREMENT COMPANY INC. and BTMU CAPITAL CORPORATION and JEFFREY L. BELL, as Deed of Trust...Security Agreement and Fixture Filing • June 28th, 2006 • Lennox International Inc • Air-cond & warm air heatg equip & comm & indl refrig equip • Texas
This Memorandum of Lease, Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing is made as of June 22, 2006 (this “Memorandum of Lease”), by and between LENNOX PROCUREMENT COMPANY INC., as Lessee (together with its successors and assigns, “Lessee”), and BTMU CAPITAL CORPORATION, a Delaware corporation, as Lessor (together with its successors and assigns, “Lessor”) to JEFFREY L. BELL, an individual, as Deed of Trust Trustee (“Deed of Trust Trustee”) for the benefit of Lessor and its successors and assigns including, without limitation, the Administrative Agent (as defined below), having an address at 111 Huntington Avenue, Boston, Massachusetts 02199, Attention: Senior Vice President – Portfolio Servicing.
GUARANTY from LENNOX INTERNATIONAL INC., as Guarantor to BTMU CAPITAL CORPORATION, as Lessor and the other parties specified herein Dated as of June 22, 2006Lennox International Inc • June 28th, 2006 • Air-cond & warm air heatg equip & comm & indl refrig equip • New York
THIS GUARANTY, dated as of June 22, 2006 (together with all amendments and supplements hereto, this “Guaranty”), is from LENNOX INTERNATIONAL INC., a Delaware corporation (together with its successors and assigns, “Guarantor”), having an address at 2140 Lake Park Blvd., Richardson, TX 75080, to BTMU CAPITAL CORPORATION, a Delaware corporation (together with its successors and assigns, “Lessor”), having an address at 111 Huntington Avenue, Suite 400, Boston, MA 02199, and the INDEMNITEES as such term is defined in the Lease (hereinafter defined) (Lessor and each Indemnitee are each a “Guaranty Beneficiary” and, collectively, “Guaranty Beneficiaries”). Terms not otherwise defined herein shall have the meanings set forth in Appendix A to the Lease.
PARTICIPATION AGREEMENT Dated as of June 22, 2006 among LENNOX PROCUREMENT COMPANY INC., as Lessee, LENNOX INTERNATIONAL INC., as Guarantor, BTMU CAPITAL CORPORATION, as Lessor, MHCB (USA) LEASING AND FINANCE CORPORATION, as initial holder of all of...Participation Agreement • June 28th, 2006 • Lennox International Inc • Air-cond & warm air heatg equip & comm & indl refrig equip • New York
THIS AGREEMENT, dated as of June 22, 2006 (as it may be amended or modified from time to time in accordance with the provisions hereof, this “Agreement”), is among LENNOX PROCUREMENT COMPANY INC., a Delaware corporation (together with its successors and permitted assigns, “Lessee”), LENNOX INTERNATIONAL, INC., a Delaware corporation (together with its successors and permitted assigns, “Guarantor”), BTMU CAPITAL CORPORATION, a Delaware corporation, as Lessor (together with its successors and assigns, the “Lessor”), MHCB (USA) LEASING AND FINANCE CORPORATION, a New York corporation (“MHCB”), as initial holder of all of the Notes (together with its successors and assigns, “Lender”), and MHCB, as administrative agent (together with its successors and permitted assigns, “Administrative Agent”).
