Collateral

Collateral. Shall have the meaning set forth in the Recitals of this Agreement.

Collateral. All references to the term "Collateral" in the Loan Agreement or the other Loan Documents, or any other term referring to the security for the Pre-Petition Liabilities, shall be deemed, and each such reference is hereby amended to mean, collectively, the Pre-Petition Collateral, the Post-Petition Collateral and the MDG Collateral.

Collateral. Is the property described on Exhibit A. 12

Collateral. Means: (i) the Deposits, Securities and Account Assets that are listed on Exhibit A; (ii) all additions to, and proceeds, renewals, investments, reinvestments and substitutions of, the foregoing, whether or not listed on Exhibit A; and (iii) all certificates, receipts and other instruments evidencing any of the foregoing.

Collateral. All of its right, title and interest in, to and under the following personal property of such Canadian Grantor, whether now owned by or owing to, or hereafter acquired by or arising in favour of, each such Canadian Grantor (including under any trade names, styles or derivations thereof), and whether owned by or consigned by or to, or leased from or to, each such Canadian Grantor, and regardless of where located (all of which being hereinafter collectively... referred to as the "Collateral"): (i) all Accounts; (ii) all Chattel Paper; (iii) all Contracts; (iv) all Deposit Accounts, including all Blocked Accounts, Concentration Accounts, Disbursement Accounts, and all other bank accounts and all funds on deposit therein; (v) all Documents; (vi) all General Intangibles (including payment intangibles and Software); (vii) all Goods (including Equipment, Fixtures and Inventory,); (viii) all Instruments; (ix) all Investment Property; (x) all Letter-of-Credit Rights; (xi) all money, cash or cash equivalents; (xii) all Supporting Obligations; and (xiii) to the extent not otherwise included in the foregoing, all Proceeds, products, tort claims, insurance claims and other rights to payment and all accessions to, substitutions and replacements for, and rents and profits of, each of the foregoing. -3- Notwithstanding the generality of the foregoing, "Collateral" that includes any Trademarks, Trademark applications or Trademark registrations will not be subject to a "mortgage" as provided above in this SECTION 2(a) but will remain subject to the grant, conveyance, pledge, hypothecation and transfer as also provided above in this SECTION 2(a). Furthermore, the "Collateral" shall not include any Excluded Assets, but will include any Accounts arising thereunder. View More

Collateral. Means and includes all of Client's right, title and interest in and to all of Client's Goods, Inventory and Equipment, now owned or existing or hereafter acquired or arising and wherever located, and all proceeds and products of the foregoing.

Collateral. All of the ownership interests or other economic or equity interests owned by Pledgor in the Alpha and Panzica Oil and Gas Wells as more fully described on Exhibit A attached hereto, all additional ownership or economic interests or other equity interest of Borrowers from time to time acquired by Pledgor by reason of dividends, distributions and similar transactions with respect to the Collateral, and all proceeds, income, fees, profits, surplus, dividends, distributions, cash, instruments and... other property from time to time received, receivable or otherwise distributed (collectively, "Distributions") in respect of or in exchange for any or all of such ownership interests. View More

Collateral. All of the membership units or other equity interests of Kykuit Resources, LLC, an Ohio limited liability company ("Kykuit") owned by Pledgor and more fully described on Exhibit A attached hereto, all additional membership units or other equity interest of Borrowers from time to time acquired by Pledgor by reason of splits, dividends, distributions and similar transactions with respect to the Collateral, and all proceeds, income, fees, profits, surplus, dividends, distributions, cash,... instruments and other property from time to time received, receivable or otherwise distributed (collectively, "Distributions") in respect of or in exchange for any or all of such membership units. View More

Collateral. Shall mean: (i) All present and future accounts, chattel paper, documents, instruments, deposit accounts, commercial tort claims, commodity accounts, commodity contracts, instruments, investment property, letters of credit, letter of credit rights, contract rights, money and general intangibles now or hereafter owned, held, or acquired by Borrower. (ii) All present and hereafter acquired inventory and goods (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 Borrower wherever located. (iii) All equipment and fixtures of whatsoever kind and character now or hereafter possessed, held, acquired, leased or owned by Borrower, together with all replacements, accessories, additions, substitutions and accessions to all of the foregoing, and all records relating in any way to the foregoing. (iv) All Patents, Copyrights, Trademarks and Licenses now or hereafter owned, held, or acquired by Borrower (including without limitation, those Patents, Copyrights, Trademarks, and Licenses set forth on Exhibit A attached hereto, if any). 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 Borrower which may at any time come into the possession of Lender. The term Collateral shall include all of Borrower's 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). The designation of proceeds does not authorize Borrower to sell, transfer or otherwise convey any of the foregoing property except finished goods intended for sale or services provided in the ordinary course of Borrower's business or as otherwise provided herein. LOAN AND SECURITY AGREEMENT PAGE 2 View More

Collateral. Means: (i) The Trademarks (provided that Trademark Collateral will not include "intent to use" trademark applications unless and until Tully's has used such trademarks and has filed a statement of use or amendment to allege use with respect to such application), and all rights in any trademarks or registrations in the United States Patent and Trademark Office to the extent the same are necessary to perfect or enforce UCC's rights in the Trademarks; all income, royalties, damages and payments... now and hereafter due and/or payable with respect thereto, including, without limitation, payments under all licenses entered into in connection therewith and damages and payments for past or future infringements thereof, unfair competition, dilution, or for injury to the goodwill associated with any of the Trademarks; and all rights corresponding thereto; (ii) All license agreements with any other party, including TCAP, in connection with any Trademarks and the right to prepare for sale, sell and advertise for sale, all inventory now or hereafter owned by Tully's or its licensees, covered by such license agreements; (iii) The goodwill of Grantor's business connected with and symbolized by the Trademarks; (iv) The royalties payable to Tully's under that certain Tully's Coffee Exclusive License Agreement between Tully's and TCAP, dated as of October 12, 2007, pursuant to which TCAP is obligated to remit to Tully's one percent (1%) of the aggregate net revenues, of the Tully's Stores in the Territories together with all other sales of products or services made in connection with the Tully's Business Names and Trademarks, for net revenues and sales after March 31, 2008 (all as such terms are defined in that License Agreement) (the "TCAP Royalties"); (v) All assets of TCAP, whether tangible or intangible, presently owned and hereafter acquired personal or real property, including all accounts, chattel paper, inventory, equipment, instruments, investment property, documents, deposit accounts, letter-of-credit rights, and general intangibles (the "TCAP Assets"); (vi) All common stock of TCAP (the "TCAP Shares"); and (vii) The proceeds and products of the foregoing and all insurance payments pertaining to the foregoing and proceeds thereof. View More