- 5 - obligations of Charterhouse secured by the initial equipment--for the initial equipment. Hambrose Purchase On or about March 29, 1985, Hambrose purchased the initial equipment from the second purchaser, subject to the liens of the original third-party lenders, the original purchaser, and the user-leases, for $494,861. Hambrose paid the $494,861 as follows: $24,000 in cash and the balance represented by an unsecured note. Concurrently with Hambrose's purchase of the initial equipment from the second purchaser, the second purchaser leased back the initial equipment from Hambrose pursuant to a wrap lease (the initial equipment wrap lease). The terms of the initial equipment wrap lease obligated Charterhouse (by assignment from the second purchaser) to pay four consecutive annual installments beginning March 31, 1986, in the amount of $159,886 in rent. Under the initial equipment wrap lease, the lessee waived “any right of set-off under state or federal law, counterclaim, recoupment, defense or other right which Lessee may have against Lessor or anyone else for any reason whatsoever”. The lease agreement contained the following provision:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011