<br />..
<br />
<br />200603193
<br />
<br />space in the Property for the operation of ongoing retail businesses such as
<br />newsstands, concession stands, barbershops, beauty shops, gift shops,
<br />cafeterias, dining rooms, restaurants, lounges, vending machines,
<br />physicians' offices, pharmacies, laboratories, gymnasiums, swimming
<br />pools, tennis courts, golf courses, recreational centers, and specialty
<br />shops) and the Improvements and the operations conducted thereon
<br />whether paid or accruing before or after the filing by or against Debtor of
<br />any petition for relief under the Bankruptcy Code (collectively, the
<br />"Rents") and all proceeds from the sale or other disposition of the Leases
<br />and the right to receive and apply the Rents to the payment of the Debt;
<br />
<br />(9) Condemnation Awards: all Awards which may heretofore and hereafter
<br />be made with respect to the Property, whether from the exercise of the
<br />right of eminent domain (including, but not limited to, any transfer made
<br />in lieu of or in anticipation of the exercise of the right), or for a change of
<br />grade, or for any other injury to or decrease in the value of the Property;
<br />
<br />(10) Insurance Proceeds: all Insurance Proceeds in respect of the Property
<br />under any Policies covering the Property, including, without limitation, the
<br />right to receive and apply the proceeds of any Policies, judgments, or
<br />settlements made in lieu thereof, in connection with a Casualty to the
<br />Property;
<br />
<br />(11) Tax Certiorari: all refunds, rebates or credits in connection with
<br />reduction in Taxes or Other Charges charged against the Property;
<br />
<br />(12) Conversion: all proceeds of the conversion, voluntary or involuntary, of
<br />any of the foregoing including, without limitation, Insurance Proceeds and
<br />Awards and Lease proceeds, into cash or liquidation claims;
<br />
<br />(13) Rie:hts: the right, in the name and on behalf of Debtor, to appear in and
<br />defend any action or proceeding brought with respect to the Property and
<br />to commence any action or proceeding to protect the interest of Secured
<br />Party in the Property;
<br />
<br />(14) Ae:reements: to the extent permitted by applicable law, all agreements,
<br />contracts, certificates, instruments, franchises, permits, licenses (including,
<br />without limitation, liquor licenses, business licenses, state health
<br />department or social service licenses, food service licenses, certificates of
<br />need and all such other permits, licenses and rights, obtained from any
<br />Health Care Authorities (as such term is defined in that certain Loan
<br />Agreement, of even date with the Security Instrument, made by and
<br />among Debtor, certain of its affiliates, and Secured Party (the "Loan
<br />Agreement")) concerning ownership, operation, use or occupancy of the
<br />Property, to the extent assignable), plans, specifications and other
<br />documents, whether entered into by Debtor or Debtor's agent or any
<br />manager or administrator of the Property, including, without limitation,
<br />
<br />EXHIBIT A - PAGE 4
<br />
<br />NYLIB4755076.1
<br />
|