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<br />RUG 6 '93 16:49
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<br />FROM COMM LNDG-MUNICIPAL~2
<br />1\IVIL..I"IIL.lIVtL.I" ,
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<br />PAGE.007
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<br />lhe certain Equipment Lease-Purchase Agreement by and between Ford Motor Credit
<br />COmpany ("Lessor") and ("Lessee"), dated as of*' . . 1993
<br />(the "Lease") Is hereby amended as follows:
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<br />:L'Hi ,e parties assume and intend that this Agreement will qualify as a "qualified
<br />,.,,11'.1 ' ,exempt obligation" within the meaning of Section 265(b)(3)(B) of the Code.
<br />,?f,f.f, :, ;In 'the event that Lessor, tis assignees or sub-assignees either (i) receive notice
<br />, ..~;1;p~:~~:;"..tf;1from the,lntemal Revenue Service; or (Ii) reasonably determines, based on an
<br />'-'-:.':', ...,.~;" :"opinlon of independent tax counsel selected by Lessor and approved by
<br />, '. " ,,/,,' Lessee, which approval Lessee shall not unreasonably withhold; that the
<br />" ' . '<!' ,oth~rwlse applicable exception set forth in Section 265(b)(3) of the Code is not
<br />~:::;"avallable, then Lessee shall pay Lessor, Its assignees or sub-assignees, as the
<br />'l-zc1C:':};~H;;case may be, within thirty (30) days after receiving notice from Lessor of such
<br />,'/, , \',!,' determlnatlon,Jhe amount "YhICh, with respect to rental payments previously
<br />'paid, will restore the afteJ:-tax yield on the transaction evidenced by this
<br />Agreement to that which would have been had such exception been available,
<br />and pay as additional rent on succeeding rent payment due dates such
<br />amount as will maintain such after-tax yield.
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<br />A.. Lessee has not issued, and reasonably anticipates that it and its
<br />subordinate entitles will not issue, tax-exempt obligations (Including this
<br />Agreement) in the amount of more thaI) $10,000,000 during the current
<br />calendar year; hereby designates this'Agreement as a "qualified tax-
<br />exempt obligation" within the meaning of section 265(b)(3) of the Internal
<br />Revenue Code of 1986, as amended, ("Code"); and agrees that it and its
<br />,,>..suuordinate entities will not designate more than $10,000,000 of their
<br />"'obligations as "qualified tax-exempt obligations" during the current
<br />" endar year. '
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<br />Except as amended hereby, the Lease shall otherwise remain unchanged and in full
<br />force and effect.
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<br />IN WITNESS WHEREOF, the parties have executed this Amendment as of the day of
<br />, .1993.
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<br />LESSEE: SAMPLE DOCUMENTS
<br />, ONLY
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<br />LESSOR: Ford Motor Credit Company
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<br />By:
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<br />K A. Carlson
<br />Manager, Marketing and Sales
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<br />,By:'
<br />l1tIe: ,
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<br />l1tIe;
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