Collateral

Collateral. Is attached as EXHIBIT A.

Collateral. Shall not include (i) Vehicles or (ii) any "Excluded Property" (as defined below) until such time, if any, as the prohibitions causing such property to be Excluded Property have terminated (howsoever occurring).

Collateral. Means all of the right, title and interest of each Grantor in and to and under all of the following personal property and fixtures (and all rights therein) of each Grantor, or in which such Grantor has any right, wherever situated, in each case whether now existing or hereafter from time to time acquired: a. each and every Account; b. all cash; c. all Chattel Paper (including without limitation all Tangible Chattel Paper and all... Electronic Chattel Paper); d. all Commercial Tort Claims; -1- e. all computer programs of Grantor and all intellectual property rights therein and all other proprietary information of Grantor, including but not limited to all United States trade secrets and proprietary information necessary to operate the business of Grantor; f. all contracts between Grantor and one or more additional parties, together with all rights which Grantor may have under any such contract, including any and all rights to receive and demand payments under any or all contracts, any and all rights to receive and compel performance under any or all contracts and any or all other rights, interests and claims now existing or in the future arising in connection with any or all contracts; g. all copyrights owned by Grantor, whether United States or foreign; h. all Equipment; i. all Deposit Accounts and all other demand, deposit, time, savings, cash management, passbook and similar accounts maintained by Grantor with any person and all monies, securities, Instruments and other investments deposited or required to be deposited in any of the foregoing; j. all Documents; k. all General Intangibles; l. all Goods; m. all Instruments; n. all Inventory; o. all Investment Property; p. all Letter-of-Credit Rights (whether or not the respective letter of credit is evidenced by a writing); q. all right, title and interest in and to any trademarks, service marks and trade names now held or hereafter acquired by Grantor whether in the United States or foreign, together with the registrations and right to all renewals thereof, and the goodwill of the business of Grantor symbolized by such marks and trade names; r. all patents to which Grantor now or hereafter has any right, title or interest therein, and any divisions, continuations (including, but not limited to, continuations-in-part) and improvements thereof, as well as any application for a patent now or hereafter made by Grantor; s. to the extent permitted to be assigned by the terms thereof or by any law, all licenses, permits, rights, orders, variances, franchises or authorizations of or from any governmental authority or agency; -2- t. all Software and all Software licensing rights, all writings, plans, specifications and schematics, all engineering drawings, customer lists, goodwill and licenses, and all recorded data of any kind or nature, regardless of the medium of recording; u. all Supporting Obligations; and v. all Proceeds and products of any and all of the foregoing. All terms in this definition of "Collateral" that are not otherwise defined in this Security Agreement shall have the meaning provided for such terms in the UCC as in effect on the date hereof. View More

Collateral. Shall have the meaning ascribed to such term in the Cash Collateral Agreement.

Collateral. Shall mean and include: ---------- (a) all Receivables; (b) all Equipment (including Unencumbered Aircraft, but excluding all other Aircraft); (c) all General Intangibles; (d) all Inventory; (e) all Investment Property; (f) all of each Debtor's right, title and interest in and to (i) its respective goods and other property including, but not limited to, all... merchandise returned or rejected by Customers, relating to or securing any of the Receivables; (ii) all of each Debtor's rights as a consignor, a consignee, an unpaid vendor, mechanic, artisan, or other lienor, including stoppage in transit, setoff, detinue, replevin, reclamation and repurchase; (iii) all additional amounts due to any Debtor from any Customer relating to the Receivables; (iv) other property, including warranty claims, relating to any goods securing this Agreement; (v) all of each Debtor's contract rights, rights of payment which have been earned under a contract right, instruments (including promissory notes), documents, chattel paper (including electronic chattel paper), warehouse receipts, deposit accounts, letters of credit, and money; (vi) all commercial tort claims (whether now existing or hereafter arising); (vii) if and when obtained by any Debtor, all real and personal property of third parties in which such Debtor has been granted a lien or security interest as security for the payment or enforcement of Receivables; and (viii) any other goods, personal property or real property now owned or hereafter acquired in which any Debtor has expressly granted a security interest or may in the future grant a security interest to Agent hereunder, or in any amendment or supplement hereto or thereto, or under any other agreement between Agent and any Debtor; (g) all of each Debtor's ledger sheets, ledger cards, files, correspondence, records, books of account, business papers, computers, computer software (owned by any Debtor or in which it has an interest), computer programs, tapes, disks and documents relating to (a), (b), (c), (d), (e) or (f) of this Paragraph; and (h) all proceeds and products of (a), (b), (c), (d), (e), (f) and (g) in whatever form, including, but not limited to: cash, deposit accounts (whether or not comprised solely of proceeds), certificates of deposit, insurance proceeds (including hazard, flood and credit insurance), negotiable instruments and other instruments for the payment of money, chattel paper, security agreements, documents, eminent domain proceeds, condemnation proceeds and tort claim proceeds. 3 provided, however, the Collateral shall not include any rights or interests of - -------- ------- Debtors under any licenses, leases or other contracts if and to the extent that (a) the terms of the agreement or agreements creating or evidencing such rights or interests prohibit such grant and (b) the term prohibiting such grant is effective as a matter of law and has not been waived or the consent of the necessary party to the grant to Agent has not been obtained; provided, further, -------- ------- (i) if any such prohibition is subsequently lifted, terminated or is otherwise no longer effective as a matter of law or is waived or the consent of the necessary party is obtained, a security interest therein in favor of Agent shall automatically arise hereunder without any further action on the part of Debtors or Agent and (ii) nothing contained herein shall be deemed to limit, impair or otherwise affect Agent's security interest in any rights or interests of Debtors in or to monies due or to become due under any such agreement. View More

Collateral. Means all collateral now or hereafter securing payment of Wells Fargo Indebtedness, including all proceeds thereof.

Collateral. Shall mean all of the following property of Debtor and each of the Subsidiaries: (a) All now owned and hereafter acquired right, title and interest of the Debtor and each of the Subsidiaries in, to and in respect of all: accounts, interests in goods represented by accounts, returned, reclaimed or repossessed goods with respect thereto and rights as an unpaid vendor; contract rights; commercial tort claims; chattel paper; investment property; general intangibles (including but... not limited to, tax and duty claims and refunds, registered and unregistered patents, trademarks, service marks, certificates, copyrights trade names, applications for the foregoing, trade secrets, goodwill, processes, drawings, blueprints, customer lists, licenses, whether as licensor or licensee, choses in action and other claims, and existing and future leasehold interests in equipment, real estate and fixtures); documents; instruments; letters of credit, letter of credit rights, bankers' acceptances or guaranties; cash moneys, deposits; securities, financial assets, bank accounts, deposit accounts, credits and other property whether now or hereafter held at any depository or other institution or otherwise; (b) All now owned and hereafter acquired right, title and interest of the Debtor and each of the Subsidiaries in, to and in respect of goods, including, but not limited to: (i) All inventory, wherever located, whether now owned or hereafter acquired, of whatever kind, nature or description, including all raw materials, work-in-process, finished goods, and materials to be used or consumed in the Debtor's and the Subsidiaries' respective businesses; and all names or marks affixed to or to be affixed thereto for purposes of selling same by the seller, manufacturer, lessor or licensor thereof and all inventory which may be returned to Debtor or the Subsidiaries by their respective customers or repossessed by Debtor or the Subsidiaries and all of Debtor's and the Subsidiaries' respective right, title and interest in and to the foregoing (including all of Debtor's rights as a seller of goods); (ii) All equipment and fixtures, wherever located, whether now owned or hereafter acquired, including, without limitation, all machinery, motor vehicles, furniture and fixtures, and any and all additions, substitutions, replacements (including spare parts), and accessions thereof and thereto (including, but not limited to Debtor's and the Subsidiaries' respective rights to acquire any of the foregoing, whether by exercise of a purchase option or otherwise); 3 (c) All now owned and hereafter acquired right, title and interest of Debtor and each of the Subsidiaries in, to and in respect of any real or other personal property in or upon which Debtor or the Subsidiaries has or may hereafter own, lease or have a security interest, lien or right of setoff; (d) All present and future books and records relating to any of the above including, without limitation, all computer programs, printed output and computer readable data in the possession or control of the Debtor, any computer service bureau or other third party; (e) All products and proceeds of the foregoing in whatever form and wherever located, including, without limitation, all insurance proceeds and all claims against third parties for loss or destruction of or damage to any of the foregoing. (f) All right, title and interest of the Debtor and/or any Subsidiaries in the Shares. View More

Collateral. All of the property and assets, real or personal, tangible or intangible, now or hereafter owned or acquired by the Borrowers, including, without limitation, all stock, instruments and other securities of any Borrower held by any other Borrower.

Collateral. Means the Securities and all additional securities of the Pledged Companies or any successor in interest to the Pledged Companies and other property and assets to which Pledgor or any successor in interest to Pledgor (with or without additional consideration) is or becomes entitled by virtue of the ownership by Pledgor or its successor in interest of any of the Securities or as the result of any corporate reorganization, merger, consolidation,... stock split, conversion, preemptive right or otherwise, and the proceeds thereof. View More

Collateral. Means (a) all of the personal property now owned or at any time hereafter acquired by any Grantor or in which any Grantor now has or at any time in the future may acquire any right, title or interest, including all of each Grantor's Accounts, Chattel Paper, Deposit Accounts, Documents, Equipment, Fixtures, General Intangibles, Goods, Instruments, Intellectual Property, Inventory, Investment Property, Letter-of-Credit Rights and Supporting Obligations, (b) all books and records pertaining to any... of the foregoing, (c) all Proceeds and products of any of the foregoing and (d) all collateral security and guarantees given by any Person with respect to any of the foregoing. Where the context requires, terms relating to the Collateral or any part thereof, when used in relation to a Grantor, shall refer to such Grantor's Collateral or the relevant part thereof. Notwithstanding the foregoing, the term "Collateral" shall not include (and the grant, assignment and transfer of a security interest as provided herein shall not extend to) (i) "intent-to use" trademarks at all times prior to the first use thereof, whether by the actual use thereof in commerce, the recording of a statement of use with the United States Patent and Trademark Office or otherwise or (ii) any General Intangibles or Intellectual Property which in accordance with applicable licenses or other agreements applicable thereto terminate or become terminable or under which a breach or default occurs if a security interest is granted therein (a "Terminable Intangible"); provided however, that the Collateral shall include any and all Accounts, Chattel Paper, payment intangibles and Instruments arising under any and all such Terminable Intangibles. View More