FCFC Collateral. Means and includes all of the following properties, assets and rights of the Borrower and whatever is encompassed by the Code's definition of the following terms, wherever located, whether now owned or existing, or hereafter acquired or arising, and all proceeds, products, replacements, substitutes, accessions, additions and improvements to any thereof: All personal property of every kind and nature including, without limitation, all furniture, equipment, raw materials,
... inventory, other goods, accounts, contract rights, rights to the payment of money, insurance refund claims and all other insurance claims and proceeds, chattel paper (including security agreements and leases), electronic chattel paper, documents, records, instruments, securities and other investment property, deposit accounts, rights to proceeds of letters of credit, letter-of-credit rights, supporting obligations of every nature, and general intangibles including, without limitation, all tax refund claims, license fees, patents, patent applications, trademarks, trademark applications, trade names, copyrights, copyright applications, rights to sue and recover for past infringement of patents, trademarks and copyrights, computer programs, computer software, engineering drawings, service marks, customer lists, goodwill, and all licenses, permits, agreements of any kind or nature pursuant to which (i) Borrower operates or has authority to operate, (excluding however all licenses issued by the Federal Communications --------- Commission, and books and records which pertain exclusively to such licenses), (ii) Borrower possesses, uses or has authority to possess or use property (whether tangible or intangible) of others, or (iii) others possess, use, or have authority to possess or use Borrower's property (whether tangible or intangible), and all recorded data of any kind or nature, regardless of the medium of recording, including, without limitation, all software, writings, plans, specifications and schematics, and Borrower's Books; excluding, however, all corporate stock of Teletouch Licenses, Inc., and all - --------- books and records which pertain exclusively to such stock, books and records which pertain exclusively to any licenses issued by the Federal Communications Commission that are now or hereafter held by Teletouch Licenses, Inc., books and records (including without limitation blue prints, surveys, and drawings), of and/or concerning any real property of Borrower, including real property in -2- Tyler, Smith County, Texas, and that certain Amended and Restated Operating Agreement between Borrower and Teletouch Licenses, Inc.
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