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<br />sanctuaries, vegetation or wetlands; (vi) the utilization of building products, construction materials
<br />or construction techniques; (vii) the protection of natural resources; (viii) storage tanks, vessels
<br />or related equipment; (ix) abandoned or discarded barrels, containers and other closed receptacles;
<br />(x) reporting and notification regarding any Hazardous Substance; (xi) health or safety of
<br />employees and other persons; or (xii) otherwise relating to the manufacture, processing, use,
<br />distribution, treatment, storage, disposal, transportation, or handling of any Hazardous
<br />Substance.
<br />Event of Default: An Event of Default, whether referred to in the singular or
<br />plural, in any Loan Document, shall be the event or any of the events described in Section 6.1
<br />of this Trust Deed or defined elsewhere in the Loan Documents.
<br />Financing Statements: UCC Financing Statements together with all exhibits to
<br />each.
<br />Fraud: Any material representation or warranty of Borrower or Guarantor, or
<br />of any employee or agent of Borrower or Guarantor, to American Family at any time which
<br />proves to be false or is breached or dishonored, or any concealment or intentional non - disclosure
<br />by any such party of a material fact necessary to make not misleading the facts, representations
<br />and warranties on which American Family relied in committing to or making the Loan, or on
<br />which American Family relies in protecting its rights and interests in the Loan and Collateral
<br />after the Loan is closed.
<br />Guarantor: REX Stores Corporation, a Delaware corporation.
<br />Guaranty: The Loan Document entitled Guaranty by which Guarantor
<br />guaranties, in accordance with the terms, provisions, covenants and conditions of such Guaranty,
<br />such payment and performance obligations respecting the Loan as are described therein.
<br />Hazardous Substance:
<br />(i) Any pollutant, contaminant, pesticide, hazardous or extremely
<br />hazardous waste, or other hazardous or toxic substance, chemical, waste or material within the
<br />meaning of any Environmental Law, including, without limitation: (A) any "hazardous
<br />substance" as defined by, or identified in or pursuant to, the Comprehensive Environmental
<br />Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq., and all amendments
<br />thereto and reauthorizations thereof; (B) any "hazardous waste" as defined by, or identified in or
<br />pursuant to, the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., and
<br />all amendments thereto and reauthorizations thereof; (C) any "hazardous material" identified in
<br />or pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., and
<br />all amendments thereto and reauthorizations thereof; (D) any chemical substance or mixture
<br />regulated under the Toxic Substance Control Act, 15 U.S.C. Section 2601, et seq., and all
<br />amendments thereto and reauthorizations thereof; (E) any "toxic pollutant" under the Federal
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