Common use of Collateral Granted Clause in Contracts

Collateral Granted. AmeriKing Indiana Holdings (a) hereby ------------------ ratifies and affirms the grants of security interests made pursuant to the Existing Security Agreement, and (b) to the extent not covered by clause (a), further grants to the Agent, for the benefit of the Banks and the Agent, to secure the payment and performance in full of all of the Obligations and of AmeriKing Indiana Holdings' obligations set forth in the AmeriKing Indiana Holdings Guaranty, a security interest in and so pledges and assigns to the Agent, for the benefit of the Banks and the Agent, the following properties, assets and rights of AmeriKing Indiana Holdings, wherever located, whether now owned or hereafter acquired or arising, and all proceeds and products thereof (all of the same being hereinafter called the "Collateral"): All personal and fixture property of every kind and nature including without limitation all furniture, fixtures, equipment, raw materials, inventory, other goods, accounts, contract rights, rights to the payment of money, insurance refund claims and all other insurance claims and proceeds, tort claims, chattel paper, documents, instruments, securities and other investment property, deposit accounts, rights to proceeds of letters of credit and all general intangibles including, without limitation, all tax refund claims, license fees, patents, patent applications, trademarks, trademark applications, trade names (other than trademarks and trade names owned by Burger King Corporation and licensed to AmeriKing Indiana Holdings), copyrights, copyright applications, rights to xxx and recover for past infringement of patents, trademarks and copyrights, computer programs, computer software, engineering drawings, service marks, customer lists, goodwill, and all licenses, permits, franchise agreements, agreements of any kind or nature pursuant to which AmeriKing Indiana Holdings possesses, uses or has authority to possess or use property (whether tangible or intangible) of others or others possess, use or have authority to possess or use property (whether tangible or intangible) of AmeriKing Indiana Holdings, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics.

Collateral Granted. AmeriKing Indiana Holdings The Borrower hereby (a) hereby ------------------ ratifies and affirms ------------------ the grants of security interests made pursuant to the Existing Security Agreement, Credit Agreements and (b) to the extent not covered by clause (a), further grants to the Agent, for the benefit of the Banks and the Agent, to secure the payment and performance in full of all of the Obligations and of AmeriKing Indiana Holdings' obligations set forth in the AmeriKing Indiana Holdings GuarantyObligations, a security interest in and so pledges and assigns to the Agent, for the benefit of the Banks and the Agent, the following properties, assets and rights of AmeriKing Indiana Holdingsthe Borrower, wherever located, whether now owned or hereafter acquired or arising, and all proceeds and products thereof (all of the same being hereinafter called the "Collateral"): All personal and fixture property of every kind and nature including without limitation all furniture, fixtures, equipment, raw materials, inventory, other goods, accounts, contract rights, rights to the payment of money, insurance refund claims and all other insurance claims and proceeds, tort claims, chattel paper, documents, instruments, securities and other investment property, deposit accounts, rights to proceeds of letters of credit and all general intangibles including, without limitation, all tax refund claims, license fees, patents, patent applications, trademarks, trademark applications, trade names (other than trademarks and trade names owned by Burger King Corporation and licensed to AmeriKing Indiana Holdingsthe Borrower), copyrights, copyright applications, rights to xxx and recover for past infringement of patents, trademarks and copyrights, computer programs, computer software, engineering drawings, service marks, customer lists, goodwill, and all licenses, permits, franchise agreements, agreements of any kind or nature pursuant to which AmeriKing Indiana Holdings the Borrower possesses, uses or has authority to possess or use property (whether tangible or intangible) of others or others possess, use or have authority to possess or use property (whether tangible or intangible) of AmeriKing Indiana Holdingsthe Borrower, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics.

Collateral Granted. AmeriKing Indiana Holdings (a) The Company hereby ------------------ ratifies and affirms the grants of security interests made pursuant to the Existing Security Agreement, and (b) to the extent not covered by clause (a), further grants to the Agent, for the benefit of the Banks Agent and the AgentBanks, to secure the payment and performance in full of all of the Obligations and of AmeriKing Indiana Holdings' obligations set forth in the AmeriKing Indiana Holdings GuarantyObligations, a security interest in and so pledges and assigns to the Agent, Agent for the benefit of the Banks Agent and the AgentBanks, the following properties, assets and rights of AmeriKing Indiana Holdingsthe Company, wherever located, whether now owned or hereafter acquired or arising, and all proceeds and products thereof (all of the same being hereinafter called the "Collateral"): All personal and fixture property of every kind and nature including without limitation all furniture, fixtures, equipment, raw materials, inventory, other goods, accounts, spread accounts, excess spread receivables, contract rights, rights to the payment of money, notes, bills, drafts, acceptances, choses in action, and all other debts, obligations and liabilities, in whatever form owing to the Company from any person, firm or corporation or any other legal entity, whether now existing or hereinafter arising, now or hereafter received by or belonging or owing to the Company however the same may have been established or created, all guaranties and securities therefore, all right, title and interest of the Company in the Eligible Vehicles which gave rise thereto, including the rights of repossession, all rights of an unpaid seller of merchandise or services and in the proceeds thereof, all insurance refund claims and all other insurance claims and proceeds, tort claims, chattel paper, documents, instruments, securities and other investment property, deposit accounts, rights to proceeds of letters of credit accounts and all general intangibles including, without limitation, all tax refund claims, license fees, patents, patent applications, trademarks, trademark applications, trade names (other than trademarks and trade names owned by Burger King Corporation and licensed to AmeriKing Indiana Holdings)names, copyrights, copyright applications, rights to xxx sue and recover for past infringement xxfringement of patents, trademarks and copyrights, computer programs, computer software, engineering drawings, service marks, customer lists, goodwill, and all licenses, permits, franchise agreements, agreements of any kind or nature pursuant to which AmeriKing Indiana Holdings the Company possesses, uses or has authority to possess or use property (whether tangible or intangible) of others or others possess, use or have authority to possess or use property (whether tangible or intangible) of AmeriKing Indiana Holdingsthe Company, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics, except to the extent the grant of such security interest would be in violation of any previously entered into lease or license agreements as in effect on the date hereof.

Collateral Granted. AmeriKing Indiana Holdings LP (a) hereby ------------------ ratifies and affirms ------------------ the grants of security interests made pursuant to the Existing Security Agreement, and (b) to the extent not covered by clause (a), further grants to the Agent, for the benefit of the Banks and the Agent, to secure the payment and performance in full of all of the Obligations and of AmeriKing Indiana Holdings' LP's obligations set forth in the AmeriKing Indiana Holdings LP Guaranty, a security interest in and so pledges and assigns to the Agent, for the benefit of the Banks and the Agent, the following properties, assets and rights of AmeriKing Indiana HoldingsLP, wherever located, whether now owned or hereafter acquired or arising, and all proceeds and products thereof (all of the same being hereinafter called the "Collateral"): All personal and fixture property of every kind and nature including without limitation all furniture, fixtures, equipment, raw materials, inventory, other goods, accounts, contract rights, rights to the payment of money, insurance refund claims and all other insurance claims and proceeds, tort claims, chattel paper, documents, instruments, securities and other investment property, deposit accounts, rights to proceeds of letters of credit and all general intangibles including, without limitation, all tax refund claims, license fees, patents, patent applications, trademarks, trademark applications, trade names (other than trademarks and trade names owned by Burger King Corporation and licensed to AmeriKing Indiana HoldingsLP), copyrights, copyright applications, rights to xxx and recover for past infringement of patents, trademarks and copyrights, computer programs, computer software, engineering drawings, service marks, customer lists, goodwill, and all licenses, permits, franchise agreements, agreements of any kind or nature pursuant to which AmeriKing Indiana Holdings LP possesses, uses or has authority to possess or use property (whether tangible or intangible) of others or others possess, use or have authority to possess or use property (whether tangible or intangible) of AmeriKing Indiana HoldingsLP, and all recorded data of any kind or nature, regardless of the medium of recording including, without limitation, all software, writings, plans, specifications and schematics.