October 15, 2012 - City of Laredo
October 15, 2012 - City of Laredo October 15, 2012 - City of Laredo
EQUIPMENT LEASEIPURCHASE AGREEMENT (ACQUISITION FUND) This Equipment LeaselPurchase Agreement (the "Agreement") dated as of November 13, 2012, and entered into between Banc of America Public Capital Corp, a Kansas corporation ("Lessor"), and the City of Laredo, Texas, a body corporate and politic existing under the laws of the State of Texas ("Lessee "). WHEREAS, Lessee desires to lease and acquire from ertain Equipment (as such term is defined herein), subject to the terms and conditions WHEREAS, Lessee is authorized under the c this Agreement for the purposes set forth herein; Now, THEREFORE, for good and valu acknowledged, and in consideration of the pre agree as follows: Section 1.01. Definitions. The meanings indicated below shed and held by the Acquisition Fund " means the Acquisition Fund and Account Control to which an Acquisition Fund is established and todian" means the Acquisition Fund Custodian identified in the "Acquisition Period" means the period ending fifteen (1 5) months from the closing date. 'Ygreement " means this Equipment LeaselPurchase Agreement, including the exhibits hereto, together with any amendments and modifications to the Agreement pursuant to Section 13.04.
"Code" means the Internal Revenue Code of 1986, as amended. Each reference to a Section of the Code herein shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder. "Commencement Date " means the date when Lessee's obligation to pay rent commences hereunder, which shall be the date on which the Acquisition Amount is deposited with the Acquisition Fund Custodian. "Contract Rate " means the rate identified as such in the Payment Schedule. "Equipment" means the property listed in the Equipm le and all replacements, repairs, restorations, modifications and impr Section 8.0 1 or Article V. Whenever referenc reference shall be deemed to include all such replac and improvements of or to such Equipment. "Equipment Costs " means the total cost freight, installation and taxes, capitalizable co with the acquisition and/or financing of the Equip "Equipment Schedule " mean tached hereto as Exhibit A and made a part hereof. rms, with a final Renewal in the first paragraph of this Agreement. Lessor in the first paragraph of this Agree- t of Lessor in and to this r amounts due hereunder, lude any entity solely by erform hereunder. ge" means any change in Lessee's creditworthiness that could ct on (i) the financial condition or operations of Lessee, or "Original Term" means the period from the Commencement Date until the end of the fiscal year of Lessee in effect at such Commencement Date. "Payment Schedule" means the payment schedule attached hereto as Exhibit B and made a part hereof.
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- Page 128 and 129: DATE: 10/15/2012 INITIATED BY: Carl
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- Page 181 and 182: ORDINANCE NO. 2012-0-174 AMENDING T
EQUIPMENT LEASEIPURCHASE AGREEMENT<br />
(ACQUISITION FUND)<br />
This Equipment LeaselPurchase Agreement (the "Agreement") dated as <strong>of</strong> November 13,<br />
<strong>2012</strong>, and entered into between Banc <strong>of</strong> America Public Capital Corp, a Kansas corporation<br />
("Lessor"), and the <strong>City</strong> <strong>of</strong> <strong>Laredo</strong>, Texas, a body corporate and politic existing under the laws<br />
<strong>of</strong> the State <strong>of</strong> Texas ("Lessee ").<br />
WHEREAS, Lessee desires to lease and acquire from ertain Equipment (as such<br />
term is defined herein), subject to the terms and conditions<br />
WHEREAS, Lessee is authorized under the c<br />
this Agreement for the purposes set forth herein;<br />
Now, THEREFORE, for good and valu<br />
acknowledged, and in consideration <strong>of</strong> the pre<br />
agree as follows:<br />
Section 1.01. Definitions. The meanings indicated below<br />
shed and held by the Acquisition Fund<br />
" means the Acquisition Fund and Account Control<br />
to which an Acquisition Fund is established and<br />
todian" means the Acquisition Fund Custodian identified in the<br />
"Acquisition Period" means the period ending fifteen (1 5) months from the closing date.<br />
'Ygreement " means this Equipment LeaselPurchase Agreement, including the exhibits<br />
hereto, together with any amendments and modifications to the Agreement pursuant to<br />
Section 13.04.