Common use of Representation of Lessee Clause in Contracts

Representation of Lessee. Lessor and Lessee agree that this Schedule is a “Finance Lease” as defined by the Uniform Commercial Code Article 2A, in that (i) Lessee has selected the Property in its sole discretion, (ii) Lessor has acquired the Property solely for the purpose of leasing such Property under this Schedule, and (iii) Lessee has received a copy of the contract evidencing Lessor’s purchase of the/Property. LESSOR: LESSEE: ONSET FINANCIAL, INC. GREAT BASIN SCIENTIFIC, INC. BY: /s/ ▇▇▇▇▇ ▇▇▇▇▇ BY: /s/ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ TITLE: Sr. Vice President TITLE: President Great Basin Scientific, Inc. Master Lease No. OFI0545174 Lease Schedule No. 001 Located at: ▇▇▇▇ ▇. ▇▇▇▇ ▇., ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ $ 2,500,000.00 $ 2,500,000.00 Great Basin Scientific, Inc. 125 MOLECULAR DIAGNOSTIC ANALYZERS AT GREAT BASIN CUSTOMER/ HOSPITAL SITES USED TO DIAGNOSE INFECTIOUS DISEASE USING GREAT BASIN’S PROPRIETARY PORTRAIT DIAGNOSTIC CARTIRDGES ITEM # PA500 5.47, 5.103, 5.50, 5.171, 5.250, 5.141, 5.157, 5.152, 5.109, 5.74, 5.172, 5.173, 5.124, 5.132, 5.159, 5.201, 5.202, 5.198, 5.49, 5.55, 5.150, 5.197, 5.179, 5.148, 5.183, 5.195, 5.199, 5.46, 5.122, 5.155, 5.156, 5.106, 5.27, 5.57, 5.59, 5.104, 5.190, 5.180, 5.185, 5.181, 5.233, 5.214, 5.189, 5.131, 5.164, 5.166, 5.161, 5.62, 5.100, 5.80, 5.82, 5.211, 5.188, 5.85, 5.72, 5.192, 5.193, 5.196, 5.227, 5.240, 5.229, 5.177, 5.178, 5.200, 5.182, 5.56, 5.113, 5.151, 5.168, 5.217, 5.230, 5.234, 5.248, 5.107, 5.108, 5.236, 5.194, 5.83, 5.213, 5.175, 5.209, 5.125, 5.145, 5.73, 5.60, 5.226, 5.239, 5.210, 5.216, 5.99, 5.121, 5.77, 5.129, 5.37, 5.78, 5.116, 5.165, 5.246, 5.249, 5.112, 5.208, 5.15, 5.65, 5.102, 5.127, 5.105, 5.123, 5.22, 5.39, 5.18, 5.44, 5.117, 5.101, 5.66, 5.25, 5.87, 5.242, 5.142, 5.143, 5.144, 5.139, 5.222, 5.237, 5.110, 5.254 HC $20,000.00 $2,500,000.00 $2,500,000.00 0 $ 3,450,000 138.00% 19 $ 2,181,256 87.25% 1 $ 3,397,195 135.89% 20 $ 2,109,441 84.38% 2 $ 3,329,500 133.18% 21 $ 2,047,079 81.88% 3 $ 3,261,676 130.47% 22 $ 1,974,269 78.97% 4 $ 3,193,725 127.75% 23 $ 1,901,412 76.06% 5 $ 3,125,644 125.03% 24 $ 1,828,508 73.14% 6 $ 3,082,563 123.30% 25 $ 1,755,558 70.22% 7 $ 3,012,987 120.52% 26 $ 1,682,560 67.30% 8 $ 2,943,309 117.73% 27 $ 1,609,516 64.38% 9 $ 2,873,528 114.94% 28 $ 1,536,425 61.46% 10 $ 2,803,645 112.15% 29 $ 1,466,910 58.68% 11 $ 2,733,657 109.35% 30 $ 1,393,116 55.72% 12 $ 2,663,567 106.54% 31 $ 1,319,305 52.77% 13 $ 2,593,373 103.73% 32 $ 1,245,478 49.82% 14 $ 2,539,191 101.57% 33 $ 1,171,633 46.87% 15 $ 2,467,756 98.71% 34 $ 1,097,772 43.91% 16 $ 2,396,245 95.85% 35 $ 1,023,894 40.96% 17 $ 2,324,658 92.99% 36 $ 950,000 38.00% 18 $ 2,252,995 90.12% and thereafter The Stipulated Loss Value for any item of lost, damaged or destroyed Property shall be the Lessor’s original cost of such item of Property multiplied by the Stipulated Loss Percentage indicated in the above table which corresponds to the month of the Lease after the Commencement Date in which the last Monthly Rental payment was made. In the event of a total loss or destruction, the Stipulated Loss Value for all lost or damaged Property shall be equal to the percentage or dollar amount, as the case may be, listed under the Total Stipulated Loss Value indicated above which corresponds to the month of the Lease after the Commencement Date in which the last Monthly Rental payment was made. If a partial or total loss occurs at any time prior to the Commencement Date of the Lease, then the Stipulated Loss Value shall be equal to 138% of the total amount funded. In the event the Lease is continued for any reason, then the last percentage or dollar amount, as the case may be, shown above shall control throughout any such continued term. In the event of default under the Lease, Lessor may, in addition to all other remedies available to it under the Lease, recover the dollar amount listed under the Total Stipulated Loss Value indicated above as of the Monthly Rental payment date immediately preceding the date of the default. LESSOR: LESSEE: ONSET FINANCIAL, INC. GREAT BASIN SCIENTIFIC, INC. BY: /s/ ▇▇▇▇▇ ▇▇▇▇▇ BY: /s/ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ TITLE: Sr. Vice President TITLE: President Reference is made to Lease Schedule No. 001 dated October 16, 2013 (the “Schedule”) between ONSET FINANCIAL, INC. (the “Lessor”) and GREAT BASIN SCIENTIFIC, INC. (the “Lessee”) to Master Lease Agreement No. OFI0545174 dated October 16, 2013, (the “Master Lease”). The Schedule as it incorporates the terms and conditions of the Master Lease, is referred to herein collectively as, the “Lease”. Pursuant to the Lease, Lessor has agreed to purchase and lease to Lessee property specified in the Lease. All capitalized terms used herein but not defined herein shall have the same meanings ascribed to them in the Lease. The Schedule is hereby amended effective the date hereof by adding Section 10(h) as follows:

Appears in 1 contract

Sources: Lease Schedule (Great Basin Scientific, Inc.)

Representation of Lessee. Lessor and Lessee agree that this Schedule is a “Finance Lease” as defined by the Uniform Commercial Code Article 2A, in that (i) Lessee has selected the Property in its sole discretion, (ii) Lessor has acquired the Property solely for the purpose of leasing such Property under this Schedule, and (iii) Lessee has received a copy of the contract evidencing Lessor’s purchase of the/the Property. LESSOR: LESSEE: ONSET FINANCIAL, INC. GREAT BASIN SCIENTIFIC, INC. BY: /s/ ▇▇▇▇▇ ▇▇▇▇▇ BY: /s/ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ TITLE: Sr. Vice President TITLE: President Great Basin Scientific, Inc. Master Lease No. OFI0545174 Lease Schedule No. 001 Located 002 Headquartered at: ▇▇▇▇ ▇. ▇▇▇▇ ▇., ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ $ 2,500,000.00 1,500,000.00 $ 2,500,000.00 1,500,000.00 Great Basin Scientific, Inc. 125 75 MOLECULAR DIAGNOSTIC ANALYZERS AT GREAT BASIN CUSTOMER/ HOSPITAL SITES USED TO DIAGNOSE INFECTIOUS DISEASE USING GREAT BASIN’S PROPRIETARY PORTRAIT DIAGNOSTIC CARTIRDGES CARTRIDGES ITEM # PA500 5.475.223, 5.1035.278, 5.505.279, 5.1715.268, 5.2505.215, 5.1415.34, 5.1575.163, 5.1525.130, 5.1095.263, 5.745.31, 5.172, 5.173, 5.124, 5.132, 5.159, 5.201, 5.202, 5.198, 5.49, 5.55, 5.150, 5.197, 5.179, 5.148, 5.183, 5.195, 5.199, 5.46, 5.122, 5.155, 5.156, 5.106, 5.27, 5.57, 5.59, 5.104, 5.190, 5.180, 5.185, 5.181, 5.233, 5.214, 5.189, 5.131, 5.164, 5.166, 5.161, 5.62, 5.100, 5.80, 5.82, 5.211, 5.188, 5.85, 5.72, 5.192, 5.193, 5.196, 5.227, 5.240, 5.229, 5.177, 5.178, 5.200, 5.182, 5.56, 5.113, 5.151, 5.168, 5.217, 5.230, 5.234, 5.248, 5.107, 5.108, 5.236, 5.194, 5.83, 5.213, 5.175, 5.209, 5.125, 5.145, 5.73, 5.60, 5.226, 5.239, 5.210, 5.216, 5.99, 5.121, 5.77, 5.129, 5.375.69, 5.78, 5.1165.287, 5.1655.253, 5.2465.272, 5.2495.266, 5.1125.176, 5.2085.184, 5.155.191, 5.655.235, 5.1025.167, 5.1275.283, 5.1055.98, 5.1235.89, 5.225.88, 5.395.220, 5.185.221, 5.445.218, 5.1175.174, 5.1015.140, 5.665.219, 5.255.225, 5.875.187, 5.2425.256, 5.1425.257, 5.1435.86, 5.1445.3, 5.1395.205, 5.2225.282, 5.2375.259, 5.1105.169, 5.254 HC 5.251, 5.137, 5.138, 5.224, 5.258, 5.245, 5.255, 5.146, 5.269, 5.271, 5.289, 5.290, 5.260, 5.136, 5.275, 5.53, 5.154, 5.267, 5.281, 5.291, 5.203, 5.204, 5.207, 5.61, 5.153, 5.115, 5.277, 5.292, 5.134, 5.231, 5.206, 5.280, 5.262, 5.64 $20,000.00 $2,500,000.00 1,500,000.00 $2,500,000.00 1,500,000.00 0 $ 3,450,000 138.002,070,000 138.00 % 13 $ 1,509,001 100.60 % 1 $ 2,043,378 136.23 % 14 $ 1,448,812 96.59 % 2 $ 2,010,989 134.07 % 15 $ 1,381,066 92.07 % 3 $ 1,976,740 131.78 % 16 $ 1,309,487 87.30 % 4 $ 1,940,523 129.37 % 17 $ 1,233,855 82.26 % 5 $ 1,902,227 126.82 % 18 $ 1,153,943 76.93 % 6 $ 1,868,454 124.56 % 19 $ 2,181,256 87.251,069,508 71.30 % 1 7 $ 3,397,195 135.891,825,239 121.68 % 20 $ 2,109,441 84.38980,294 65.35 % 2 8 $ 3,329,500 133.181,779,561 118.64 % 21 $ 2,047,079 81.88886,914 59.13 % 3 9 $ 3,261,676 130.471,731,278 115.42 % 22 $ 1,974,269 78.97786,995 52.47 % 4 10 $ 3,193,725 127.751,680,242 112.02 % 23 $ 1,901,412 76.06681,462 45.43 % 5 11 $ 3,125,644 125.031,626,296 108.42 % 24 $ 1,828,508 73.14% 6 $ 3,082,563 123.30% 25 $ 1,755,558 70.22% 7 $ 3,012,987 120.52% 26 $ 1,682,560 67.30% 8 $ 2,943,309 117.73% 27 $ 1,609,516 64.38% 9 $ 2,873,528 114.94% 28 $ 1,536,425 61.46% 10 $ 2,803,645 112.15% 29 $ 1,466,910 58.68% 11 $ 2,733,657 109.35% 30 $ 1,393,116 55.72570,000 38.00 % 12 $ 2,663,567 106.54% 31 $ 1,319,305 52.77% 13 $ 2,593,373 103.73% 32 $ 1,245,478 49.82% 14 $ 2,539,191 101.57% 33 $ 1,171,633 46.87% 15 $ 2,467,756 98.71% 34 $ 1,097,772 43.91% 16 $ 2,396,245 95.85% 35 $ 1,023,894 40.96% 17 $ 2,324,658 92.99% 36 $ 950,000 38.00% 18 $ 2,252,995 90.121,569,274 104.62 % and thereafter The Stipulated Loss Value for any item of lost, damaged or destroyed Property shall be the Lessor’s original cost of such item of Property multiplied by the Stipulated Loss Percentage indicated in the above table which corresponds to the month of the Lease after the Commencement Date in which the last Monthly Rental payment was made. In the event of a total loss or destruction, the Stipulated Loss Value for all lost or damaged Property shall be equal to the percentage or dollar amount, as the case may be, listed under the Total Stipulated Loss Value indicated above which corresponds to the month of the Lease after the Commencement Date in which the last Monthly Rental payment was made. If a partial or total loss occurs at any time prior to the Commencement Date of the Lease, then the Stipulated Loss Value shall be equal to 138% of the total amount funded. In the event the Lease is continued for any reason, then the last percentage or dollar amount, as the case may be, shown above shall control throughout any such continued term. In the event of default under the Lease, Lessor may, in addition to all other remedies available to it under the Lease, recover the dollar amount listed under the Total Stipulated Loss Value indicated above as of the Monthly Rental payment date immediately preceding the date of the default. LESSOR: LESSEE: ONSET FINANCIAL, INC. GREAT BASIN SCIENTIFIC, INC. BY: /s/ ▇▇▇▇▇ ▇▇▇▇▇ BY: /s/ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ TITLE: Sr. Vice President TITLE: President Reference is made to Lease Schedule No. 001 002 dated October 16March 14, 2013 2014 (the “Schedule”) between ONSET FINANCIAL, INC. (the “Lessor”) and GREAT BASIN SCIENTIFIC, INC. (the “Lessee”) to Master Lease Agreement No. OFI0545174 dated October 16, 2013, 2013 (the “Master Lease”). The Schedule as it incorporates the terms and conditions of the Master Lease, is referred to herein collectively as, the “Lease”. Pursuant to the Lease, Lessor has agreed to purchase and lease to Lessee property specified in the Lease. All capitalized terms used herein but not defined herein shall have the same meanings ascribed to them in the Lease. The Schedule is hereby amended effective the date hereof March 18, 2014 by adding Section section 10(h) as follows:and deleting Sections 4, 5 and 7 and replacing them with the following: SECTION 4 AMENDED LEASE RATE FACTOR: 0.04311 SECTION 5 MONTHLY RENTAL: $64,665.00 plus applicable sales/use and property tax

Appears in 1 contract

Sources: Lease Agreement (Great Basin Scientific, Inc.)