|
20031434 2
<br />apparatus), telephones, communication systems (including satellite dishes an antennae),
<br />televisions, computers, sprinkler systems and other fire prevention and extinguishing
<br />apparatus and materials, security systems, motors, engines, machinery, pipes, pumps, tanks,
<br />conduits, appliances, fittings and fixtures of every kind and description (all of the foregoing
<br />in this paragraph (4) being referred to as the "Equipment");
<br />all substitutes and replacements of, and all additions and improvements to, the Real Estate
<br />and the Equipment, subsequently acquired by or released to Debtor or constructed, assembled
<br />or placed by Debtor on the Real Estate, immediately upon such acquisition, release,
<br />construction, assembling or placement, including, without limitation, any and all building
<br />materials whether stored at the Real Estate or offsite, and, in each such case, without any
<br />further deed, conveyance, assignment or other act by Debtor;
<br />6. all leases, subleases, underlettings, concession agreements, management agreements, licenses
<br />and other agreements relating to the use or occupancy of the Real Estate or the Equipment or
<br />any part thereof, now existing or subsequently entered into by Debtor and whether written or
<br />oral and all guarantees of any of the foregoing (as any of the foregoing may be amended,
<br />restated, extended, renewed or modified from time to time), and all rights of Debtor in
<br />respect of cash and securities deposited thereunder and the right to receive and collect the
<br />revenues, income, rents, issues and profits thereof, together with all other rents, royalties,
<br />issues, profits, revenue, income and other benefits arising from the use and enjoyment of the
<br />Collateral, but expressly excluding therefrom the Receivables (as defined in the Guarantee);
<br />7. all unearned premiums under insurance policies now or subsequently obtained by Debtor
<br />relating to the Real Estate or Equipment and Debtor's interest in and to all proceeds of any
<br />such insurance policies (including title insurance policies) including the right to collect and
<br />receive such proceeds, subject to the provisions relating to insurance generally set forth in the
<br />Guarantee; and all awards and other compensation, including the interest payable thereon and
<br />the right to collect and receive the same, made to the present or any subsequent owner of the
<br />Real Estate or Equipment for the taking by eminent domain, condemnation or otherwise, of
<br />all or any part of the Real Estate or any easement or other right therein;
<br />to the extent not prohibited under the applicable contract, consent, license or other item
<br />unless the appropriate consent has been obtained, (i) all contracts from time to time executed
<br />by Debtor or any manager or agent on its behalf relating to the ownership, construction,
<br />maintenance, repair, operation, occupancy, sale or financing of the Real Estate or Equipment
<br />or any part thereof and all agreements and options relating to the purchase or lease of any
<br />portion of the Real Estate or any property which is adjacent or peripheral to the Real Estate,
<br />together with the right to exercise such options and all leases of Equipment, (ii) all consents,
<br />licenses, building permits, certificates of occupancy and other governmental approvals
<br />relating to construction, completion, occupancy, use or operation of the Real Estate or any
<br />part thereof, and (iii) all drawings, plans, specifications and similar or related items relating
<br />to the Real Estate;
<br />9. all goods which are or are to become fixtures on the Real Estate; and
<br />10. all proceeds, both cash and noncash, of the foregoing.
<br />053114- 1025- 08068- NY02.2311147.2
<br />
|