Collateral. Shall mean all of the following property (including all right, title and interest of the Debtors therein): (i) All present and future accounts, chattel paper, documents, instruments, deposit accounts, general intangibles (including any right to payment for goods sold or services rendered arising out of the sale or delivery of personal property or work done or labor performed by the Debtors) and investment property, now or hereafter owned, held or acquired by the
... Debtors, together with any and all books of account, customer lists and other records relating in any way to the foregoing (including, without limitation, computer software, whether on tape, disk, card, strip, cartridge or any other form), and in any case where an account arises from the sale of goods, the interest of the Debtors in such goods; 1 (ii) All present and hereafter acquired inventory (including, without limitation, all raw materials, work in process and finished goods) held, possessed, owned, held on consignment or held for sale, lease, return or to be furnished under contracts of services, in whole or in part, by the Debtors wherever located, and all records relating in any way to the foregoing (including, without limitation, any computer software, whether on tape, disk, card, strip, cartridge or any other form); (iii) All equipment and fixtures of whatsoever kind and character now or hereafter possessed, held, acquired, leased or owned by the Debtors and used or usable in the Debtors' business, together with all replacements, accessories, additions, substitutions and accessions to all of the foregoing, all records relating in any way to the foregoing (including, without limitation, any computer software, whether on tape, disk, card, strip, cartridge or any other form). To the extent that the foregoing property is located on, attached to, annexed to, related to, or used in connection with, or otherwise made a part of, and is or shall become fixtures upon, real property, such real property and the record owner thereof is describe d on Exhibit "A" attached hereto and made a part hereof; and (iv) All interest, increase, additions, renewals, substitutions, products and proceeds, in cash or otherwise, of any of the property described in the foregoing clauses (i) through (iii) and all liens, security, rights, remedies and claims of the Debtors with respect thereto. The term Collateral, as used herein, shall also include all PRODUCTS and PROCEEDS of all of the foregoing (including, without limitation, insurance payable by reason of loss or damage to the foregoing property) and any property, securities, guaranties or monies of the Debtors which may at any time come into the possession of the Secured Party (as hereinafter defined). The designation of proceeds does not authorize the Debtors to sell, transfer or otherwise convey any of the foregoing property except hydrocarbons or finished goods intended for sale in the ordinary course of the Debtors' business or as otherwise provided herein.
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Collateral.
Shall mean all of the
following property
(including all right, title and interest of the Debtors therein): (i) set forth below (as indicated): (X) All present and future accounts, chattel paper, documents,
instruments, deposit accounts, general intangibles and instruments (including any right to payment
of a monetary obligation, whether or nor earned by performance: for
goods sold any property that is sold, leased, licensed, assigned or
otherwise disposed of; for services rendered
arising out... of the sale or delivery of personal property to be rendered; for a secondary obligation incurred or work done or labor performed by the Debtors) to be incurred; and investment property, for insurance company receivables ), now or hereafter owned, held held, or acquired by the Debtors, Debtor, together with any and all books of account, customer lists and other records relating in any way to the foregoing (including, without limitation, computer software, whether on tape, disk, card, strip, cartridge or any other form), and in any case where an account arises from the sale of goods, property, the interest of the Debtors Debtor in such goods; 1 (ii) property. (X) All present and hereafter acquired inventory (including, (including without limitation, all goods that are leased by a person as lessor, are held by a person for sale or lease or to be furnished under a contract of service, are furnished by a person under a contract of service, or consist of raw materials, work in process and finished goods) process, or materials used or consumed in a business) held, possessed, owned, held on consignment consignment, or held for sale, lease, return or to be furnished under contracts of services, in whole or in part, by the Debtors Debtor wherever located, and all records relating in any way to the foregoing (including, without limitation, any computer software, whether on tape, disk, card, strip, cartridge or any other form); (iii) form). (X) All equipment (including without limitation, all goods other than inventory) and fixtures of whatsoever kind and character now or hereafter possessed, held, acquired, leased 2 leased, or owned by the Debtors Debtor and used or usable in the Debtors' Debtor's business, together with all replacements, accessories, additions, substitutions and accessions to all of the foregoing, and all records relating in any way to the foregoing (including, without limitation, any computer software, whether on tape, disk, card, strip, cartridge or any other form). To the extent that the foregoing property is located on, attached to, annexed to, related to, or used in connection with, or otherwise made a part of, and is or shall become fixtures upon, real property, such real property and the record owner thereof is describe d described on Exhibit "A" A attached hereto and made a part hereof; hereof. (X) All now existing or hereafter acquired general intangibles of every kind and (iv) All interest, increase, additions, renewals, substitutions, products and proceeds, in cash or otherwise, of any of the property described in the foregoing clauses (i) through (iii) nature, all payment intangibles, permits, regulatory approvals, copyrights, patents, trademarks, service marks, trade names, mask works, goodwill, licenses and all liens, security, rights, remedies other intellectual property owned by Debtor or used in Debtor's business. (X) All investment property of every kind and claims of the Debtors with respect thereto. nature, including all securities, whether certificated or uncertificated, security entitlements, securities accounts, commodity accounts, or commodity contracts, now or hereafter owned, held, or acquired by Debtor. (X) All deposit accounts now or hereafter owned, held, or acquired by Debtor. The term Collateral, as used herein, shall also include all PRODUCTS products and PROCEEDS proceeds of all of the foregoing (including, (including without limitation, insurance payable by reason of loss or damage to the foregoing property) and any property, securities, guaranties or monies of the Debtors Debtor which may at any time come into the possession of the Secured Party (as hereinafter defined). Party. The designation of proceeds does not authorize the Debtors Debtor to sell, transfer or otherwise convey any of the foregoing property except hydrocarbons or finished goods intended for sale in the ordinary course of the Debtors' Debtor's business or as otherwise provided herein.
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Collateral.
Shall mean all of the
following property
(including all right, title and interest of the Debtors therein): (i) set forth below (as indicated): (X) All present and future accounts, chattel paper, documents,
instruments, deposit accounts, general intangibles and instruments (including any right to payment
of a monetary obligation, whether or nor earned by performance: for
goods sold any property that is sold, leased, licensed, assigned or
otherwise disposed of; for services rendered
arising out... of the sale or delivery of personal property to be rendered; for a secondary obligation incurred or work done or labor performed by the Debtors) to be incurred; and investment property, for insurance company receivables ), now or hereafter owned, held held, or acquired by the Debtors, Debtor, together with any and all books of account, customer lists and other records relating in any way to the foregoing (including, without limitation, computer software, whether on tape, disk, card, strip, cartridge or any other form), and in any case where an account arises from the sale of goods, property, the interest of the Debtors Debtor in such goods; 1 (ii) property. (X) All present and hereafter acquired inventory (including, (including without limitation, all goods that are leased by a person as lessor, are held by a person for sale or lease or to be furnished under a contract of service, are furnished by a person under a contract of service, or consist of raw materials, work in process and finished goods) process, or materials used or consumed in a business) held, possessed, owned, held on consignment consignment, or held for sale, lease, return or to be furnished under contracts of services, in whole or in part, by the Debtors Debtor wherever located, and all records relating in any way to the foregoing (including, without limitation, any computer software, whether on tape, disk, card, strip, cartridge or any other form); (iii) form). (X) All equipment (including without limitation, all goods other than inventory) and fixtures of whatsoever kind and character now or hereafter possessed, held, acquired, leased 2 leased, or owned by the Debtors Debtor and used or usable in the Debtors' Debtor's business, together with all replacements, accessories, additions, substitutions and accessions to all of the foregoing, and all records relating in any way to the foregoing (including, without limitation, any computer software, whether on tape, disk, card, strip, cartridge or any other form). To the extent that the foregoing property is located on, attached to, annexed to, related to, or used in connection with, or otherwise made a part of, and is or shall become fixtures upon, real property, such real property and the record owner thereof is describe d described on Exhibit "A" A attached hereto and made a part hereof; hereof. (X) All now existing or hereafter acquired general intangibles of every kind and (iv) All interest, increase, additions, renewals, substitutions, products and proceeds, in cash or otherwise, of any of the property described in the foregoing clauses (i) through (iii) nature, all payment intangibles, permits, regulatory approvals, copyrights, patents, trademarks, service marks, trade names, mask works, goodwill, licenses and all liens, security, rights, remedies other intellectual property owned by Debtor or used in Debtor's business. (X) All investment property of every kind and claims of the Debtors with respect thereto. nature, including all securities, whether certificated or uncertificated, security entitlements, securities accounts, commodity accounts, or commodity contracts, now or hereafter owned, held, or acquired by Debtor. (X)` All deposit accounts now or hereafter owned, held, or acquired by Debtor. The term Collateral, as used herein, shall also include all PRODUCTS products and PROCEEDS proceeds of all of the foregoing (including, (including without limitation, insurance payable by reason of loss or damage to the foregoing property) and any property, securities, guaranties or monies of the Debtors Debtor which may at any time come into the possession of the Secured Party (as hereinafter defined). Party. The designation of proceeds does not authorize the Debtors Debtor to sell, transfer or otherwise convey any of the foregoing property except hydrocarbons or finished goods intended for sale in the ordinary course of the Debtors' Debtor's business or as otherwise provided herein.
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Collateral.
Shall mean all of the
following property
(including all right, title and interest of the Debtors therein): set forth below: (i) All present and future accounts, chattel paper, documents, instruments, deposit
accounts, accounts and general intangibles (including any right to payment for goods sold or services rendered arising out of the sale or delivery of personal property or work done or labor performed by
the Debtors) and investment property, Debtor), now or hereafter owned,
held held, or
... acquired by the Debtors, Debtor, together with any and all books of account, customer lists and other records relating in any way to the foregoing (including, without limitation, computer software, whether on tape, disk, card, strip, cartridge or any other form), and in any case where an account arises from the sale of goods, the interest of the Debtors Debtor in such goods; 1 goods. (ii) All present and hereafter acquired inventory (including, (including without limitation, all raw materials, work in process and finished goods) held, possessed, owned, held on consignment consignment, or held for sale, lease, return or to be furnished under contracts of services, in whole or in part, by the Debtors Debtor wherever located, and all records relating in any way to the foregoing (including, without limitation, any computer software, whether on tape, disk, card, strip, cartridge or any other form); form). (iii) All equipment and fixtures of whatsoever kind and character now or hereafter possessed, held, acquired, leased or owned by the Debtors Debtor and used or usable in the Debtors' Debtor's business, together with all replacements, accessories, additions, substitutions and accessions to all of the foregoing, all records relating in any way to the foregoing (including, without limitation, any computer software, whether on tape, disk, card, strip, cartridge or any other form). To the extent that the foregoing property is located on, attached to, annexed to, related to, or used in connection with, or otherwise made a part of, and is or shall become fixtures upon, real property, such real property and the record owner thereof is describe d described on Exhibit "A" attached hereto and made a part hereof; and hereof (iv) All interest, increase, additions, of Debtor's Intellectual Property. "Intellectual Property" means (i) all of Debtor's Copyrights, Trademarks, Patents, and Mask Works including amendments, renewals, substitutions, extensions, and all licenses or other rights to use and all license fees and royalties from the use thereof; (ii) any trade secrets and any intellectual property rights in computer software and computer software products and proceeds, in cash now or otherwise, later existing, created, acquired or held; (iii) all design rights which may be available to Debtor now or later created, acquired or held; (iv) any claims for damages (past, present or future) for infringement of any of the property described in rights above, with the foregoing clauses (i) through (iii) right, but not the obligation, to sue and all liens, security, rights, remedies and claims collect damages for use or infringement of the Debtors intellectual property rights above; and (v) all proceeds and products of the foregoing, including all insurance, indemnity or warranty payments. "Copyrights" are all copyright rights, applications or registrations and like protections in each work or authorship or derivative work, whether published or not (whether or not it is a trade secret) now or later existing, created, acquired or held. "Trademarks" are trademark and service mark rights, registered or not, applications to register and registrations and like protections, and the entire goodwill of the business of Assignor connected with respect thereto. the trademarks. "Patents" are patents, patent applications and like protections, including improvements, divisions, continuations, renewals, reissues, extensions and continuations-in-part of the same. "Mask Works" are all mask works or similar rights available for the protection of semiconductor chips, now owned or later acquired. The term Collateral, as used herein, shall also include all PRODUCTS and PROCEEDS of all of the foregoing (including, (including without limitation, insurance payable by reason of loss or damage to the foregoing property) and any property, securities, guaranties or monies of the Debtors Debtor which may at any time come into the possession of the Secured Party (as hereinafter defined). The designation of proceeds does not authorize the Debtors Debtor to sell, transfer or otherwise convey any of the foregoing property except hydrocarbons or finished goods intended for sale in the ordinary course of the Debtors' Debtor's business or as otherwise provided herein. The term Collateral does not include any license or contract rights to the extent (i) the granting of a security interest in it would be contrary to applicable law, or (ii) that such rights are nonassignable by their terms (but only to the extent the prohibition is enforceable under applicable law, including, without limitation, Section 9.406(d) of the Code) without the consent of the licensor or other party (but only to the extent such consent has not been obtained).
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Collateral.
Shall mean all of the
following property
(including all right, title and interest of the Debtors therein): set forth below: (i)
All present and future accounts, chattel paper, documents, instruments, deposit accounts, general intangibles (including any right to payment for goods sold or services rendered arising out of the sale or delivery of personal property or work done or labor performed by the Debtors) and investment property, now or hereafter owned, held or acquired by the Debtors,... together with any and all books of account, customer lists and other records relating in any way to the foregoing (including, without limitation, computer software, whether on tape, disk, card, strip, cartridge or any other form), and in any case where an account arises from the sale of goods, the interest of the Debtors in such goods; 1 (ii) All present and hereafter acquired inventory (including, (including without limitation, all raw materials, work in process and finished goods) held, possessed, owned, held on consignment consignment, or held for sale, lease, return or to be furnished under contracts of services, in whole or in part, by the Debtors Debtor wherever located, and all records records, to the extent relating in any way to the foregoing (including, without limitation, any computer software, whether on tape, disk, card, strip, cartridge or any other form); (iii) form), together with the PROCEEDS of the foregoing, including accounts receivable, to the extent such PROCEEDS (including accounts receivable) arose (A) after any sale, disposition or other realization of any of Debtor's assets, (B) after demand for payment of the Indebtedness (as hereinafter defined) by Secured Party, (C) upon any dissolution, liquidation, winding-up, reorganization, bankruptcy, insolvency or receivership of Debtor or any other marshaling of Debtor's assets that is similar thereto, (D) upon the enforcement of, or any action taken with respect to, any of Secured Party's or The Frost National Bank's security interest under the Frost Bank Loan (as hereinafter defined) in or other rights to such assets, (E) with respect to insurance proceeds as a result of the loss of, destruction of or damage to any of such assets, or (F) as a result of the expropriation or other condemnation of any of such assets. (ii) All equipment and fixtures of whatsoever kind and character now or hereafter possessed, held, acquired, leased or owned by the Debtors Debtor and used or usable in the Debtors' Debtor's business, together with all replacements, accessories, additions, substitutions and accessions to all of the foregoing, all records records, to the extent relating in any way to the foregoing (including, without limitation, any computer software, whether on tape, disk, card, strip, cartridge or any other form). form), together with the PRODUCTS and PROCEEDS of all of the foregoing (including without limitation, insurance payable by reason of loss or damage to the foregoing property). To the extent that the foregoing property is located on, attached to, annexed to, related to, or used in connection with, or otherwise made a part of, and is or shall become fixtures upon, real property, such real property and the record owner thereof is describe d described on Exhibit "A" A attached hereto and made a part hereof; and (iv) All interest, increase, additions, renewals, substitutions, products and proceeds, in cash or otherwise, of any of the property described in the foregoing clauses (i) through (iii) and all liens, security, rights, remedies and claims of the Debtors with respect thereto. The term Collateral, as used herein, shall also include all PRODUCTS and PROCEEDS of all of the foregoing (including, without limitation, insurance payable by reason of loss or damage to the foregoing property) and any property, securities, guaranties or monies of the Debtors which may at any time come into the possession of the Secured Party (as hereinafter defined). hereof. The designation of proceeds PROCEEDS under 1. (b)(i) and 1. (b)(ii) above does not authorize the Debtors Debtor to sell, transfer or otherwise convey any of the foregoing property except hydrocarbons or finished goods intended for sale in the ordinary course of the Debtors' Debtor's business or as otherwise provided herein.
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