|
200411880
<br />blinds, partitions, chandeliers and other lighting fixtures, freezers, refrigerators,
<br />walk -in coolers, signs (indoor and outdoor), computer systems, cash registers and
<br />inventory control systems, and all other apparatus, equipment, furniture,
<br />furnishings, and articles used in connection with the use or operation of the
<br />Improvements or the Premises, it being understood that the enumeration of any
<br />specific articles of property shall in no way result in or be held to exclude any
<br />items of property not specifically mentioned (the property referred to in this
<br />paragraph (3) being hereinafter called the "Personal Property ");
<br />(4) all of Grantor's right, title and interest in all general intangibles
<br />relating to design, development, operation, management and use of the Premises
<br />or the Improvements, all certificates of occupancy, zoning variances, building, use
<br />or other permits, approvals, authorizations and consents obtained from and all
<br />materials prepared for filing or filed with any governmental agency in connection
<br />with the development, use, operation or management of the Premises and
<br />improvements, all construction, service, engineering, consulting, leasing,
<br />architectural and other similar contracts concerning the design, construction,
<br />management, operation, occupancy and /or use of the Premises and Improvements,
<br />all architectural drawings, plans, specifications, soil tests, feasibility studies,
<br />appraisals, environmental studies, engineering reports and similar materials
<br />relating to any portion of or all of the Premises and Improvements, and all
<br />payment and performance bonds or warranties or guarantees relating to the
<br />Premises or the Improvements, all to the extent assignable (the "Permits, Plans
<br />and Warranties ");
<br />(5) Grantor's interest in and rights under any existing lease of the Trust
<br />Property to an operator identified on Schedule 1.01(a) to the Credit Agreement
<br />and any lease relating to the Trust Property permitted by section 7.08 (b)(ii) of the
<br />Credit Agreement (in either case, an "Operating Lease "), all other leases or
<br />licenses (under which Grantor is landlord or licensor) and subleases (under which
<br />Grantor is sublandlord), concession, management or other agreements of a similar
<br />kind that permit the use or occupancy of the Premises or the Improvements for
<br />any purpose in return for any payment, or the extraction or taking of any gas, oil,
<br />water or other minerals from the Premises in return for payment of any fee, rent or
<br />royalty (collectively, "Leases "), and all agreements or contracts for the sale or
<br />other disposition of all or any part of the Premises or the Improvements, now or
<br />hereafter entered into by Grantor, together with all charges, fees, income, issues,
<br />profits, receipts, rents, revenues or royalties payable thereunder ( "Rents ");
<br />(6) all of Grantor's right, title and interest in and to all real estate tax
<br />refunds and all proceeds of the conversion, voluntary or involuntary, of any of the
<br />Trust Property into cash or liquidated claims ( "Proceeds "), including Proceeds of
<br />insurance maintained by the Grantor or caused by the Grantor to be maintained by
<br />any operator of the Truckstop pursuant to an Operating Lease and condemnation
<br />awards, any awards which may become due by reason of the taking by eminent
<br />domain or any transfer in lieu thereof of the whole or any part of the Premises or
<br />Improvements or any rights appurtenant thereto, and any awards for change of
<br />5
<br />[[NYCORP:2455832v] ]]
<br />
|