|
200010145
<br />indemnification claims, contract rights (including rights under
<br />leases, whether entered into as lessor or lessee, Rate Protection
<br />Agreements, the Environmental Agreements and other agreements
<br />(including the right to deliver any notice required under the
<br />Subordinated Note Indenture in the event that the Borrower fails
<br />to do so), but excluding rights under any agreement (other than
<br />Franchise Agreements, the Environmental Agreements and the Rate
<br />Protection Agreements) in existence on the date hereof as to
<br />which the granting of the securing interest granted hereby would
<br />constitute a breach), Intellectual Property, goodwill,
<br />registrations, franchises, tax refund claims and any letter of
<br />credit, guarantee, claim, security interest or other security
<br />held by or granted to the Debtor to secure payment by an account
<br />debtor of any of the Accounts Receivable.
<br />"Goods" shall mean all things which are movable at the
<br />time the security interest attaches or which are Fixtures.
<br />"Instrument" shall mean a negotiable instrument, or any
<br />other writing which evidences a right to the payment of money and
<br />is not itself a security agreement or lease and is of a type
<br />which is in ordinary course of business transferred by delivery
<br />with any necessary indorsement or assignment.
<br />"Inventory" shall mean all Goods of the Debtor, whether now
<br />owned or hereafter acquired, held for sale or lease, or furnished
<br />or to be furnished by any Debtor under contracts of service, or
<br />consumed in the Debtor's business, including raw materials,
<br />intermediates, work in process, packaging materials, finished
<br />Goods, semi - finished inventory, scrap inventory, manufacturing
<br />supplies and spare parts, and all such Goods that have been
<br />returned to or repossessed by or on behalf of the Debtor.
<br />"Intellectual Property" shall mean all intellectual and
<br />similar property of the Debtor of every kind and nature now owned
<br />or hereafter acquired by the Debtor, including inventions,
<br />designs, patents, patent applications, copyrights, copyright
<br />registrations, applications to register copyrights, Licenses,
<br />Trademarks (including service marks), Trademark or service mark
<br />applications, trade names, trade secrets, confidential or
<br />proprietary technical and business information, know -how, show -
<br />how or other data or information, software and databases and all
<br />embodiments or fixations thereof and related documentation,
<br />registrations and franchises, and all additions, improvements and
<br />accessions to, and books and records describing or used in
<br />connection with, any of the foregoing.
<br />"Investment Property" shall mean all
<br />certificated or uncertificated), Security
<br />Securities Accounts, Commodity Contracts
<br />H
<br />[NYCORP;1155355.3]
<br />Securities (whether
<br />Entitlements,
<br />and Commodity Accounts
<br />
|