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<br />200902984
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<br />(d), (e), and (t), and in this subsection (g) being herein sometimes called the "Mortgaged
<br />Property").
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<br />(h) the Mortgaged Properties;
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<br />(i) without limitation of any other provision hereof, all payments received in lieu of
<br />performance which are related to the Mortgaged Properties (regardless of whether such payments
<br />or rights thereto accrued, and/or the events which gave rise to such payments occurred, on or
<br />before or after the date hereof, including, without limitation, firm or prepaid transportation
<br />payments and similar payments, payments received in settlement of or pursuant to a judgment
<br />rendered with respect to firm transportation or similar obligations or other obligations under a
<br />contract, and payments received in buyout or buydown or other settlement of a contract) and/or
<br />imbalances in deliveries (the payments described in this subsection (b) being herein called
<br />"Payments in Lieu");
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<br />G) all equipment, inventory, improvements, fixtures, accessions, goods, including
<br />Products owned by Debtor, and other personal or movable property of whatever nature
<br />(including, but not limited to, that held in connection with the operation of the Mortgaged
<br />Properties or the treating, handling, separation, stabilization, storing, processing, heating,
<br />transporting, gathering or marketing of Products), and all licenses and permits of whatever
<br />nature, including, but not limited to, that now or hereafter used or held for use in connection with
<br />the Mortgaged Properties or in connection with the operation thereof or the treating, handling,
<br />separation, stabilization, storing, processing, heating, transporting, gathering, or marketing of
<br />Products, and all renewals or replacements of the foregoing or substitutions for the foregoing;
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<br />(k) all accounts, receivables, contract rights, choses in action (i.e., rights to enforce
<br />contracts or to bring claims thereunder), commercial tort claims and other general intangibles of
<br />whatever nature (regardless of whether the same arose and/or the events which gave rise to the
<br />same occurred, on or before or after the date hereof, including, but not limited to, that related to
<br />the Mortgaged Properties, the operation thereof, or the treating, handling, separation,
<br />stabilization, storing, processing, transporting, gathering, or marketing of Products, and
<br />including, without limitation, any of the same relating to payment of proceeds thereof or to
<br />payment of amounts which could constitute Payments in Lieu);
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<br />(1) without limitation of the generality of the foregoing, any rights and interests of
<br />Debtor under any present or future hedge or swap agreements, cap, floor, collar, exchange,
<br />forward or other hedge or protection agreements or transactions, or any option with respect to
<br />any such agreement or transaction now existing or hereafter entered into by or on behalf of
<br />Debtor;
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<br />(m) all engineering, accounting, title, legal, and other technical or business data
<br />including, but not limited to, that concerning the Mortgaged Properties, the treating, handling,
<br />separation, stabilization, storing, processing, transporting, gathering or marketing of Products or
<br />any other item of Property (as hereinafter defined) which are now or hereafter in the possession
<br />of Debtor or in which Debtor can otherwise grant a security interest, and all books, files, records,
<br />magnetic media, software, and other forms of recording or obtaining access to such data;
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<br />DB 1/62766113.1
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