Common use of Collateral General Terms Clause in Contracts

Collateral General Terms. 3.1 To secure the prompt payment to Bank of Borrower's Liabilities and the prompt, full and faithful performance by Borrower of all of the provisions to be kept, observed or performed by Borrower under this Agreement and/or the Other Agreements, Borrower grants to Bank a security interest in and to, and collaterally assigns to Bank, all of Borrower's property, wherever located, whether now or hereafter existing, owned, licensed, leased (to the extent of Borrower's leasehold interest therein), consigned (to the extent of Borrower's ownership therein), arising and/or acquired, including without limitation all of Borrower's: (a) Accounts, chattel paper, tax refunds, contract rights, leases, leasehold interests, letters of credit, instruments, documents, documents of title, patents, copyrights, trademarks, tradenames, licenses, goodwill, beneficial interests and general intangibles; (b) all goods whose sale, lease or other disposition by Borrower have given rise to Accounts and have been returned to or repossessed or stopped in transit by Borrower; (c) all investment property, including but not limited to certificated and uncertificated securities; (d) goods, including without limitation all its consumer goods, machinery, equipment, farm products, fixtures and inventory; (e) liens, guaranties and other rights and privileges pertaining to any of the Collateral; (f) monies, reserves, deposits, deposit accounts and interest or dividends thereon, cash or cash equivalents; (g) all property now or at any time or times hereafter in the possession, or under the control of Bank or its bailee; (h) all accessions to the foregoing, all litigation proceeds pertaining to the foregoing and all substitutions, renewals, improvements and replacements of and additions to the foregoing; and (i) all books, records and computer records in any way relating to the Collateral herein described.

Collateral General Terms. 3.1 4.1 To secure the prompt payment to Bank Lender of Borrower's Liabilities and the prompt, full and faithful performance by Borrower of all of the provisions to be kept, observed or performed by Borrower under this Agreement and/or the Other AgreementsBorrower's Obligations, Borrower hereby grants to Bank Lender a security interest in and to, and collaterally assigns and pledges to BankLender, all of Borrower's property, wherever located, whether now or existing and/or owned and hereafter existing, owned, licensed, leased (to the extent of Borrower's leasehold interest therein), consigned (to the extent of Borrower's ownership therein), arising and/or acquired, including without limitation all of Borrower's: (a) AccountsReal Property of Borrower, now owned or hereafter acquired and all rights and interests therein, including, without limitation, all land and buildings, structures and other improvements and chattels now on such real estate or hereafter erected or placed thereon, all mineral, oil and gas rights, all shrubbery, trees and crops and/or produce growing, grown or produced thereon, all air, water and riparian rights, whether or not appurtenant, all water stock, all easements, tenements, hereditaments, appurtenances, all rights in any abutting public or private streets and alleys and submerged land (the "Real Property"); (b) notes, assignments of rents, mortgages, deeds of trust, deeds to secure debt, security agreements, chattel mortgages, financing statements, and similar items described in Paragraphs 7.1 and 7.2 hereof (collectively, "Loan Packages"); (c) all of Borrower's Partnership Interests, (including, without limitation, all of Borrower's Partnership Interests in all of those partnerships listed on Exhibit B); (d) accounts, chattel paper, tax refunds, contract rights, leasesleases and rental income thereunder, leasehold interestsInterests, rents, letters of credit, instrumentsinstruments and documents ("Accounts"), documents, documents of title, patents, copyrights, trademarks, tradenames, licenses, goodwill, beneficial interests and general intangibles; (b) all goods whose sale, lease or other disposition by Borrower have given rise to Accounts and have been returned to or repossessed or stopped in transit by Borrower; (ce) all investment propertypatents, including but not limited copyrights and trademarks, and all applications for and registrations of the foregoing, all franchise rights, trade names, goodwill, beneficial Interests, rights to certificated tax refunds and uncertificated securitiesall other general intangibles of any kind or nature whatsoever ("General Intangibles"); (df) all Inventory of Borrower, wherever located, whether in transit, held by others for Borrower's account, covered by warehouse receipts, purchase orders and contracts, or in the possession of any carriers, forwarding agents, truckers, warehousemen, vendors or other Persons, including, without limitation, all raw materials, work in process, finished merchandise, supplies, goods, including without limitation all its consumer goodsincidentals, office supplies and packaging materials ("Inventory"); (g) goods (other than Inventory), machinery, equipment, farm productsvehicles, appliances, furniture, furnishings and fixtures and inventory("Equipment"); (e) liens, guaranties and other rights and privileges pertaining to any of the Collateral; (fh) monies, reserves, deposits, certificates of deposit and deposit accounts and interest or dividends thereon, securities, cash, cash or cash equivalents; (g) all equivalents and other property now or at any time or times hereafter in the possession, possession or under the control of Bank Lender or its bailee; (hi) a11 books, records, computer records, ledger cards, programs and other computer materials, customer and supplier lists, Invoices, orders and other property and general intangibles at any time evidencing or relating to Collateral ("Records"); (j) all accessions to any of the foregoing, all litigation proceeds pertaining to the foregoing Collateral and all a11 substitutions, renewals, improvements and replacements of and additions to thereto; (k) all insurance policies insuring, or proceeds of or relating to, any of the foregoing; (1) all present and future judgments, awards of damage and settlements made as a result of or in lieu of any taking of any of the Collateral, or any pert thereof, under the power of eminent domain, or for any damage (whether caused by such taking or otherwise); and (im) all booksother property of Borrower, records real and/or personal, now owned or hereafter acquired; (n) all products and computer records proceeds of the foregoing (whether such proceeds are in any way relating the form of cash, cash equivalents, proceeds of insurance policies, Real Estate, Accounts, General Intangibles, Inventory, Equipment, Records or otherwise). All of the foregoing is referred to herein Individually and collectively as the Collateral herein described"Collateral." Borrower shall make appropriate entries upon its financial statements and Records disclosing Lender's security interest in and assignment and pledge of the Collateral.

Collateral General Terms. 3.1 4.1 To secure the prompt payment to Bank Lender of Borrower's Liabilities and the prompt, full and faithful performance by Borrower of all of the provisions to be kept, observed or performed by Borrower under this Agreement and/or the Other AgreementsBorrower's Obligations, Borrower hereby grants to Bank Lender a security interest in and to, and collaterally assigns and pledges to BankLender, all of Borrower's property, wherever located, whether now or existing and/or owned and hereafter existing, owned, licensed, leased (to the extent of Borrower's leasehold interest therein), consigned (to the extent of Borrower's ownership therein), arising and/or acquired, including without limitation all of Borrower's: (a) AccountsReal Property of Borrower, now owned or hereafter acquired and all rights and interests therein, including, without limitation, all land and buildings, structures and other improvements and chattels now on such real estate or hereafter erected or placed thereon, all mineral, oil and gas rights, all shrubbery, trees and crops and/or produce growing, grown or produced thereon, all air, water and riparian rights, whether or not appurtenant, all water stock, all easements, tenements, hereditaments, appurtenances, all rights in any abutting public or private streets and alleys and submerged land (the "Real Property"); (b) notes, assignments of rents, mortgages, deeds of trust, deeds to secure debt, security agreements, chattel mortgages, financing statements, and similar items described in Paragraphs 7.1 and 7.2 hereof (collectively, "Loan Packages"); (c) all of Borrower's Partnership Interests, (including, without limitation, all of Borrower's Partnership Interests in all of those partnerships listed on Exhibit B); (d) accounts, chattel paper, tax refunds, contract rights, leasesleases and rental income thereunder, leasehold interests, rents, letters of credit, instrumentsinstruments and documents ("Accounts"), documents, documents of title, patents, copyrights, trademarks, tradenames, licenses, goodwill, beneficial interests and general intangibles; (b) all goods whose sale, lease or other disposition by Borrower have given rise to Accounts and have been returned to or repossessed or stopped in transit by Borrower; (ce) all investment propertypatents, including but not limited copyrights and trademarks, and all applications for and registrations of the foregoing, all franchise rights, tradenames, goodwill, beneficial interests, rights to certificated tax refunds and uncertificated securitiesall other general intangibles of any kind or nature whatsoever ("General Intangibles"); (df) all inventory of Borrower, wherever located, whether intransit, held by others for Borrower's account, covered by warehouse receipts, purchase orders and contracts, or in the possession of any carriers, forwarding agents, truckers, warehousemen, vendors or other Persons, including, without limitation, all raw materials, work in process, finished merchandise, supplies, goods, including without limitation all its consumer goodsincidentals, office supplies and packaging materials ("Inventory"); (g) goods (other than Inventory), machinery, equipment, farm productsvehicles, appliances, furniture, furnishings and fixtures and inventory("Equipment"); (e) liens, guaranties and other rights and privileges pertaining to any of the Collateral; (fh) monies, reserves, deposits, certificates of deposit and deposit accounts and interest or dividends thereon, securities, cash, cash or cash equivalents; (g) all equivalents and other property now or at any time or times hereafter in the possession, possession or under the control of Bank Lender or its bailee; (hi) all books, records, computer records, ledger cards, programs and other computer materials, customer and supplier lists, invoices, orders and other property and general intangibles at any time evidencing or relating to Collateral ("Records"); (j) all accessions to any of the foregoing, all litigation proceeds pertaining to the foregoing Collateral and all substitutions, renewals, improvements and replacements of and additions to thereto; (k) all insurance policies insuring, or proceeds of or relating to, any of the foregoing; (l) all present and future judgments, awards of damage and settlements made as a result of or in lieu of any taking of any of the Collateral, or any part thereof, under the power of eminent domain, or for any damage (whether caused by such taking or otherwise); and (im) all booksother property of Borrower, records real and/or personal, now owned or hereafter acquired; (n) all products and computer records proceeds of the foregoing (whether such proceeds are in any way relating the form of cash, cash equivalents, proceeds of insurance policies, Real Estate, Accounts, General Intangibles, Inventory, Equipment, Records or otherwise). All of the foregoing is referred to herein individually and collectively as the Collateral herein described"Collateral." Borrower shall make appropriate entries upon its financial statements and Records disclosing Lender's security interest in and assignment and pledge of the Collateral.

Collateral General Terms. 3.1 4.1 To secure the prompt payment to Bank of Borrower's ’s Liabilities and the prompt, full and faithful performance by Borrower of all of the provisions to be kept, observed or performed by Borrower under this Agreement and/or the Other Agreements, Borrower grants to Bank a security interest in and to, and collaterally assigns to Bank, all of Borrower's ’s property, wherever located, whether now or hereafter existing, owned, licensed, leased (to the extent of Borrower's ’s leasehold interest therein), consigned (to the extent of Borrower's ’s ownership therein), arising and/or acquired, including without limitation all of Borrower's’s: (a) Accounts, chattel paper, tax refunds, contract rights, leases, leasehold interests, letters of credit, instruments, documents, documents of title, patents, copyrights, trademarks, tradenames, licenses, goodwill, beneficial interests and general intangibles; (b) all goods whose sale, lease or other disposition by Borrower have given rise to Accounts and have been returned to or repossessed or stopped in transit by Borrower; (c) all investment property, including but not limited to certificated and uncertificated securities; (d) goods, including without limitation all its consumer goods, machinery, equipment, farm products, fixtures and inventory; (e) liens, guaranties and other rights and privileges pertaining to any of the Collateral; (f) monies, reserves, deposits, deposit accounts and interest or dividends thereon, cash or cash equivalents; (g) all property now or at any time or times hereafter in the possession, or under the control of Bank or its bailee; (h) all accessions to the foregoing, all litigation proceeds pertaining to the foregoing and all substitutions, renewals, improvements and replacements of and additions to the foregoing; and (i) all books, records and computer records in any way relating to the Collateral herein described; and (j) any and all obligations, contingent or otherwise, whether now existing or hereafter arising, of Borrower to the Bank arising under or in connection with Rate Management Transactions.

Collateral General Terms. 3.1 4.1 To secure the prompt payment to Bank Lender of Borrower's Liabilities and the prompt, full and faithful performance by Borrower of all of the provisions to be kept, observed or performed by Borrower under this Agreement and/or the Other AgreementsBorrower's Obligations, Borrower hereby grants to Bank Lender a security interest in and to, and collaterally assigns and pledges to BankLender, all of Borrower's property, wherever located, whether now or existing and/or owned and hereafter existing, owned, licensed, leased (to the extent of Borrower's leasehold interest therein), consigned (to the extent of Borrower's ownership therein), arising and/or acquired, including without limitation all of Borrower's: (a) AccountsReal Property of Borrower, now owned or hereafter acquired and all rights and interests therein, including, without limitation, all land and buildings, structures and other improvements and chattels now on such real estate or hereafter erected or placed thereon, all mineral, oil and gas rights, all shrubbery, trees and crops and/or produce growing, grown or produced thereon, all air, water and riparian rights, whether or not appurtenant, all water stock, all easements, tenements, hereditaments, appurtenances, all rights in any abutting public or private streets and alleys and submerged land (the "Real Property"); (b) notes, assignments of rents, mortgages, deeds of trust, deeds to secure debt, security agreements, chattel mortgages, financing statements, and similar items described in Paragraphs 7.1 and 7.2 hereof (collectively, "Loan Packages"); (c) all of Borrower's Partnership Interests, (including, without limitation, all of Borrower's Partnership Interests in all of those partnerships listed on Exhibit B); (d) accounts, chattel paper, tax refunds, contract rights, leasesleases and rental income thereunder, leasehold interests, rents, letters of credit, instrumentsinstruments and documents ("Accounts"), documents, documents of title, patents, copyrights, trademarks, tradenames, licenses, goodwill, beneficial interests and general intangibles; (b) all goods whose sale, lease or other disposition by Borrower have given rise to Accounts and have been returned to or repossessed or stopped in transit by Borrower; (ce) all investment propertypatents, including but not limited copyrights and trademarks, and all applications for and registrations of the foregoing, all franchise rights, trade names, goodwill, beneficial interests, rights to certificated tax refunds and uncertificated securitiesall other general intangibles of any kind or nature whatsoever ("General Intangibles"); (df) all inventory of Borrower, wherever located, whether in transit, held by others for Borrower's account, covered by warehouse receipts, purchase orders and contracts, or in the possession of any carriers, forwarding agents, truckers, warehousemen, vendors or other Persons, including, without limitation, all raw materials, work in process, finished merchandise, supplies, goods, including without limitation all its consumer goodsincidentals, office supplies and packaging materials ("Inventory"); (g) goods (other than Inventory), machinery, equipment, farm productsvehicles, appliances, furniture, furnishings and fixtures and inventory("Equipment"); (e) liens, guaranties and other rights and privileges pertaining to any of the Collateral; (fh) monies, reserves, deposits, certificates of deposit and deposit accounts and interest or dividends thereon, securities, cash, cash or cash equivalents; (g) all equivalents and other property now or at any time or times hereafter in the possession, possession or under the control of Bank Lender or its bailee; (hi) a11 books, records, computer records, ledger cards, programs and other computer materials, customer and supplier lists, invoices, orders and other property and general intangibles at any time evidencing or relating to Collateral ("Records"); (j) all accessions to any of the foregoing, all litigation proceeds pertaining to the foregoing Collateral and all a11 substitutions, renewals, improvements and replacements of and additions to thereto; (k) all insurance policies insuring, or proceeds of or relating to, any of the foregoing; (1) all present and future judgments, awards of damage and settlements made as a result of or in lieu of any taking of any of the Collateral, or any part thereof, under the power of eminent domain, or for any damage (whether caused by such taking or otherwise); and (im) all booksother property of Borrower, records real and/or personal, now owned or hereafter acquired; (n) all products and computer records proceeds of the foregoing (whether such proceeds are in any way relating the form of cash, cash equivalents, proceeds of insurance policies, Real Estate, Accounts, General Intangibles, Inventory, Equipment, Records or otherwise). All of the foregoing is referred to herein individually and collectively as the Collateral herein described"Collateral." Borrower shall make appropriate entries upon its financial statements and Records disclosing Lender's security interest in and assignment and pledge of the Collateral.