Commercial Leasing Agreement

Important Information About Procedures for Opening a New Account

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account (your loan/lease). What this means for you: When you open an account (your loan/lease), we will ask for your name, address, date of birth, business documents, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

IMPORTANT INFORMATION: Except as otherwise prohibited by law, you agree and consent that Doosan Financial Solutions and any of its affiliates or assigns (“DFS”) may share information with potential lenders about the Applicant(s) that DFS has or may obtain for the purposes, among other things, of evaluating credit applications or servicing account(s). ECOA Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the bases of race, color, religion, national origin, sex, marital status, age (providing the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or, because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20008.

Authorization for Disclosure of Business and Personal Credit Information

“You,” the “Applicant” (both terms include the business entity as well as all of the individuals named above), certify to us that you are applying for credit for business reasons, and not for personal, family or household purposes. Applicant authorizes DFS and potential lenders to obtain information from others concerning Applicant’s credit and trade standing, including Applicant’s personal credit report (if Applicant is sole proprietorship or if named individuals are providing guaranty)    , and other relevant information impacting this application, and if the Lease or Loan is approved, from time to time during the term of the Lease or Loan. You authorize DFS and potential lenders to prepare and file against Applicant, a financing statement, in form and substance sufficient to perfect a security interest in collateral together with the proceeds thereof arising from an approved Lease or Loan. In addition to the information requested on this application, DFS and potential lenders may subsequently request additional information from Applicant. As an authorized agent of the applicant company, you represent that you have reviewed this document and the information herein is true, correct and complete. A photo static copy of this authorization shall be as valid as the original. If DFS or potential lenders decline this application, you authorize potential lenders to advise DFS and your dealer of the decline and the reasons for the decline and to provide a copy of this application to DFS. You authorize DFS to provide a copy of this application to other lenders identified by DFS in their sole discretion. You agree that any lender that receives a copy of this application from DFS on your behalf is authorized to obtain information about you as described in this application. Ohio Residents Only: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights commission administers compliance with this law. New York Residents Only: A consumer report may be requested in conjunction with this application. Upon your request, you will be informed whether or not a consumer report was requested and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. Subsequent consumer reports may be requested or utilized in connection with an update, renewal or extension of the credit for which this application is made. Vermont Residents Only: You authorize DFS and lenders to obtain credit reports about you now and in the future for all legitimate purposes associated with this application or the account including, but not limited to: (a) evaluating this application; and (b) renewing, reviewing, modifying, and taking collection action on the account.


The undersigned (“you” or “your”) agrees to allow Bobcat of the Rockies, a division of Berry Companies, Incorporated (“we,” “us,” or “our”) to use the information provided in the Bobcat-Doosan Financial Services Credit Application for the purpose of obtaining a trade account with us, and you warrant to us that the information is true. You represent that this application is for a trade account and that the account will not be used for personal, family or household purposes. If you are a sole proprietor and/or you guarantee the obligations of the applicant by signing these terms and conditions or the Personal Guarantee Agreement below, you hereby authorize us to utilize a consumer credit report on you from time to time in connection with the extension or continuation of the trade account represented by this application and you knowingly consent to the use of such credit report consistent with applicable law.

You will be billed individually for each purchase made on the account with us. You agree to pay the billed amount within 30 days of the date of the invoice (Net 30), unless otherwise stated on the individual billing. Payments may not be deferred. You agree that, if the billed amount is not paid when due, unless otherwise stated on the individual billing, late-payment fees will be charged on the overdue balance at a periodic rate of 1.5% per month (18% ANNUAL PERCENTAGE RATE) for commercial trade accounts. The late-payment fee may be adjusted by us upon 30 days written notice to you; the new fee will apply to all purchases made after the effective date of the adjustment. If you fail to pay the entire unpaid balance on the account when due, we may, without further notice of demand, exercise all rights and remedies available by law for the collection of the balance due on the account, and we reserve the option to exercise our lien rights at any time in accordance with applicable law to secure collection of amounts due. You will be liable for all expenses of collection, with or without suit, including all reasonable costs of collection, including but not limited to court costs, attorney fees and collections agency fees to the extent allowed under applicable state law. Liability hereunder shall be joint and several. The submission of this application or your allowance or the allowance of the applicant to utilize a trade account with us does not guarantee or give you or the applicant the right to utilize a trade account in  he future. We may in our sole and absolute discretion extend or withdraw your ability or the ability of the applicant to utilize a trade account at any time, with or without notice.

You expressly irrevocable consent and agree that all suits for breach of the agreement, or for default in payment, or for any dispute arising hereunder, shall be subject to the laws of the State of Colorado. You hereby submit to the nonexclusive jurisdiction of the United States District court for the State of Colorado, or any Colorado state court sitting in Jefferson County for the purposes of anydisute arising under the agreement or the transactions contemplated hereunder.


Personal Guarantee Agreement:

In consideration of a trade terms being extended by us, the undersigned guarantor(s) (“you” or “your”) certify the truthfulness of the statements appearing above, and you guarantee and bind yourself to the payment of all amounts purchased or now owing. If trade terms are extended to the applicant in which you, or either of you, are an officer or in which an interest exists, you will personally guarantee the payment of all charges extended to said applicant. You hereby authorize us and/or our affiliates to obtain a consumer credit report in order to evaluate creditworthiness in connection with the extension of a trade account. This guarantee may only be revoked by written notice to us served via certified or registered mail, and any such revocation shall become effective 30-days after receipt of said written revocation. Any revocation does not revoke your obligation to provide for prompt payment of indebtedness incurred prior to the effective date of the revocation, including the principal amount, interest, costs, and such reasonable attorneys’ fees shall be incurred pursuant to this guarantee and under any contract evidencing the indebtedness guaranteed herein.

Note: The Federal Equal Credit Opportunity Act prohibits creditor from discrimination against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant’s income derives from any public assistance program; or because the applicant in good faith exercised any right under the Consumer Protection Act. The Federal Agency that administers compliance with this law concerning this credit is the Federal Trade Commission, 1405 Curtis St., Suite 2900, Denver, CO. 80202.

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