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<br />200603193 <br /> <br />contracts and agreements with respect to the operations conducted or to be <br />conducted at the Facility, now or hereafter entered into, and all rights <br />therein and thereto, respecting or pertaining to the use, occupation, <br />construction, management or operation of the Land and any part thereof <br />and any Improvements or any business or activity conducted on the Land <br />and any part thereof and all right, title and interest of Debtor therein and <br />thereunder, including, without limitation, the right, upon the happening of <br />any default hereunder, to receive and collect any sums payable to Debtor <br />thereunder; <br /> <br />(15) Trademarks: all tradenames, trademarks, servicemarks, logos, <br />copyrights, goodwill, books and records and all other general intangibles <br />relating to or used in connection with the operation of the Property; <br /> <br />(16) Accounts: to the extent permitted by applicable law, all reserves, escrows <br />and deposit accounts maintained by Debtor with respect to the Property or <br />the operation of the Facility thereon, including, without limitation, all <br />accounts established or maintained pursuant to the Cash Management <br />Agreement (as such term is defined in the Loan Agreement), together with <br />all deposits or wire transfers made to such accounts and all cash, checks, <br />drafts, certificates, securities, investment property, financial assets, <br />instruments and other property held therein from time to time and all <br />proceeds, products, distributions or dividends or substitutions thereon and <br />thereof; <br /> <br />(17) Interest Rate Cap Ae:reement: the Interest Rate Cap Agreement (as <br />such term is defined in the Loan Agreement), including, but not limited to, <br />all "accounts", "chattel paper", "general intangibles" and "investment <br />property" (as such terms are defined in the Uniform Commercial Code as <br />from time to time in effect) constituting or relating to the foregoing, and <br />all products and proceeds of any of the foregoing; and, <br /> <br />(18) Other Riszhts: to the extent permitted by applicable law, any and all other <br />rights of Debtor in and to the items set forth in Sections (1) through (17) <br />above. <br /> <br />EXHIBIT A - PAGE 5 <br /> <br />NYLlB4755076.1 <br />