Common use of Creation of Security Interest Clause in Contracts

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" and each a "NOTE"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERAL"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor hereby gives, grants and assigns to Secured Party, its successors and assignsassigns forever, a security interest in and against any and all property listed on any collateral schedule now or in the future hereafter annexed to hereto or made a part of this Agreement hereof ("COLLATERAL SCHEDULECollateral Schedule"), and in and against any and all additions, attachments, accessories and accessions to such propertythereto, any and all substitutions, replacements or exchanges therefor, and any and all insurance and/or other proceeds thereof provided, however, that the foregoing shall not be deemed to include mixing and feeding systems which will be used in conjunction with the Collateral (all such property is of the foregoing being hereinafter individually and collectively called referred to as the "COLLATERALCollateral"). This The foregoing security interest is given to secure the payment and performance of any and all debts, obligations and liabilities of any kind kind, nature or description whatsoever (whether primary, secondary, direct, contingent, sole, joint or several, or otherwise, and whether due or to become due) of Debtor to Secured Party, now existing or arising in the futurehereafter arising, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTESNotes" and each a "NOTENote"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called all of the foregoing being hereinafter referred to as the "INDEBTEDNESSIndebtedness"). Unless otherwise provided by applicable lawNotwithstanding the foregoing, and notwithstanding anything to the contrary contained elsewhere in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERALCollateral"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESSIndebtedness"), and (ii) no other Collateral shall secure the PMSI Indebtedness. 2.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement (( "COLLATERAL SCHEDULE"), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" and each a "NOTE"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"). Unless otherwise provided by applicable law, notwithstanding Notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral (( "PMSI COLLATERAL"): (i) the PMSI Collateral COLLATERAL shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor hereby gives, grants and assigns to Secured Party, its successors and assignsassigns forever, a security interest in and against any and all property listed on any collateral schedule now or in the future hereafter annexed to hereto or made a part of this Agreement hereof ("COLLATERAL SCHEDULE"), and in and against any and all additions, attachments, accessories and accessions to such propertythereto, any and all substitutions, replacements or exchanges therefor, and any and all insurance and/or other proceeds thereof (all such property is of the foregoing being hereinafter individually and collectively called referred to as the "COLLATERAL"). This The foregoing security interest is given to secure the payment and performance of any and all debts, obligations and liabilities of any kind kind, nature or description whatsoever (whether primary, secondary, direct, contingent, sole, joint or several, or otherwise, and whether due or to become due) of Debtor to Secured Party, now existing or arising in the futurehereafter arising, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" and each a "NOTE"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called all of the foregoing being hereinafter referred to as the "INDEBTEDNESS"). Unless otherwise provided by applicable lawNotwithstanding the foregoing, and notwithstanding anything to the contrary contained elsewhere in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERAL"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor hereby gives, grants and assigns to Secured Party, its successors and assigns, assigns forever. a security interest in and against any and all property listed on any collateral schedule now or in the future hereafter annexed to hereto or made a part of this Agreement hereof ("COLLATERAL SCHEDULECollateral Schedule"), and in and against any and all additions, attachments, . accessories and accessions to such propertythereto, any and all substitutions, . replacements or exchanges therefor, and any and all insurance and/or other proceeds thereof (all such property is of the foregoing being hereinafter individually and collectively called referred to as the "COLLATERALCollateral"). This The foregoing security interest is given to secure the payment and performance of any and all debts, obligations and liabilities of any kind kind, nature or description whatsoever (whether primary. secondary. direct, contingent. sole, joint or several. or otherwise. and whether due or to become due) of Debtor to Secured Party, . now existing or arising in the futurehereafter arising, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTESNotes" and each a "NOTENote"), . and any renewals, . extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called all of the foregoing being hereinafter referred to as the "INDEBTEDNESSIndebtedness"). Unless otherwise provided by applicable lawNotwithstanding the foregoing, and notwithstanding anything to the contrary contained elsewhere in this Agreement, . to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERALCollateral"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESSIndebtedness"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"“Collateral Schedule”), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefortherefore, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"“Collateral”). This security interest is given to secure the payment and performance of all debts, obligations and liabilities hereunder of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes from front time to time identified on any Collateral Schedule (collectively "NOTES" “Notes” and each a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"“Indebtedness”). Unless otherwise provided by applicable lawDebtor acknowledges that, notwithstanding anything that the Note(s) may be paid in full, this Agreement shall continue to secure the contrary contained payment and performance of all other debts, fees, obligations and liabilities hereunder of any kind whatsoever of Debtor to Secured Party, now existing or arising in this Agreementthe future, to the extent and that Secured Party asserts a purchase money shall be under no obligation to release the Collateral unless and until all such Indebtedness of Debtor to Secured Party has been paid and satisfied; provided, however, Secured Party, in its sole and exclusive discretion, may elect to release some of the Collateral without prejudice to Secured Party’s security interest in any items of Collateral ("PMSI COLLATERAL"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtednessremaining Collateral.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all the equipment and property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULECollateral Schedule"), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such equipment and property is individually and collectively called the "COLLATERALCollateral"). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to in connection with the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTESNotes" and each a "NOTENote"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESSIndebtedness"). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERALCollateral"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESSIndebtedness"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"“Collateral Schedule”), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"“Collateral”). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured PartyParty (other than any obligations of Debtor to Secured Party in connection with any purchase of equity securities of Debtor, including any right to invest in equity financings by Debtor and including the issuance of any warrants for the purchase of Debtor’s equity securities), now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" “Notes” and each a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"“Indebtedness”). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("“PMSI COLLATERAL"Collateral”): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "“PMSI INDEBTEDNESS"Indebtedness”), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor grants to Secured PartyTo secure the prompt, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE")punctual, and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"). This security interest is given to secure the faithful payment and performance of all debtsand each of the Obligations of the Companies to BANA under, obligations related to, or arising in connection with the Consignment Agreement, any documents related thereto or executed in connection therewith, and liabilities otherwise, whether now existing or hereafter arising, the Companies each hereby grants BANA a continuing security interest in and to, a lien on, and right of set-off with respect to, all right, title and interest of each Company in and to: (i) account no. 387148 maintained by Wolverine Tube with BANA and account no. 20000000 maintained by Wolverine Tube with Banc of America Securities LLC (“BAS”) pursuant to that certain Customer Agreement dated on or about December 15, 2006 (the “Customer Agreement”) among the Wolverine Tube, BANA and BAS (hereinafter, each of the accounts referred to in this clause (i) shall be referred to collectively as the “Account”); (ii) all investment property, securities and other financial assets of any kind whatsoever (including, without limitation, all “Financial Instruments” as defined in the Customer Agreement), all certificates of Debtor deposit, all cash and all other funds now or hereafter held in, credited to, or on deposit in the Account; (iii) all income now or hereafter earned therefrom and all investments now or hereafter made thereof; and (iv) with respect to Secured Partyeach item of property referred to in the foregoing clauses (i) through (iii), all replacements, substitutions, EXHIBIT “A” additions, interest, and other distributions arising out of or in respect of any of the foregoing, all instruments relating to or evidencing any of the foregoing, all general intangibles relating to any of the foregoing, and all products and proceeds, both cash and non-cash, arising out of or in respect of any of the foregoing whether now existing or arising at any time in the future, including but not limited future (all of which is referred to hereinafter as the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" and each a "NOTE"“Collateral”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERAL"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor In order to secure a promissory note or notes of even date herewith executed by Borrower and made payable to Lender and all other indebtedness and liabilities of all kinds of Borrower to Lender, and interest thereon (whether evidenced by a promissory note or by other evidence of indebtedness, including overdrafts, whether created indirectly or acquired by Lender indirectly by assignment or otherwise, and whether now existing or hereafter arising, absolute or contingent, joint and/or several, due or to become due, primary or secondary, purchase money and nonpurchase money, including obligations of performance, and all renewals, extensions and rearrangements thereof), hereafter referred to as “Obligations,” Borrower grants to Secured Party, its successors and assigns, Lender a security interest in all of Borrower’s presently existing and against hereafter arising or acquired “Accounts” which shall mean and include all property listed on any collateral schedule now of Borrower’s present and future rights to payment for goods, merchandise or in the future annexed to Inventory (as hereinafter defined) sold, rented or made a part of this Agreement ("COLLATERAL SCHEDULE"leased or for services rendered, including, without limitation, those which are not evidenced by instruments or chattel paper, and whether or not they have been earned by performance; account(s), accounts receivable, proceeds of any letters of credit on which Borrower is named as beneficiary; contract rights; acceptances; notes; chattel paper; instruments (other than margin stock); drafts; documents; insurance proceeds; deposits or other sums credited by or due from the Lender to Borrower; and in all such obligations whatsoever owing to Borrower, together with all instruments and against all additions, attachments, accessories and accessions to such propertydocuments of title representing any of the foregoing, all substitutionsrights in any goods, replacements merchandise or exchanges thereforInventory which any of the same may represent, all rights in any returned or repossessed goods, merchandise and Inventory, and all insurance and/or right, title, security and guaranties with respect to each of the foregoing, including, without limitation, any right of stoppage in transit (this definition shall include the definition of “accounts” as that term is used in the Uniform Commercial Code of each state in which the Borrower’s Accounts are located); all of Borrower’s presently existing and hereafter arising of acquired “General Intangibles” which shall mean all choses in action, causes of action, and all other proceeds thereof intangible personal property of Borrower of every kind and nature (all such property is individually other than Accounts) now owned or hereafter acquired by Borrower, including, without limitation, corporate or other business records, evidences of corporate debt or equity, inventions, designs, patents, patent applications, trademarks, trademark applications, assumed names, trade styles, service marks, trade secrets, goodwill, copyrights, registrations, licenses, franchises, tax refund claims, tax refunds, deposit accounts, customer lists and collectively called the "COLLATERAL"). This any letters of credit, rights or claims against carriers and shippers, rights to indemnification, security interest is given interests or other security held by or granted to Borrower to secure the payment and performance of all debts, obligations and liabilities by an account debtor of any kind whatsoever of Debtor to Secured Party, now the Accounts (this definition shall include the definition of “general intangibles” as that term is defined in the Uniform Commercial Code of each state in which the Borrower’s General Intangibles are located); all of Borrower’s presently existing or hereafter arising depository accounts and all of Borrower’s rights, title and interest in and to any deposits or other sums at any time credited by or due from financial institutions to Borrower, all books and records (including, without limitation, customer lists, credit files, computer programs, printouts and other computer materials and records) of Borrower pertaining to any of the future, including but not limited foregoing; all of which are hereafter referred to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" and each a "NOTE"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreementas “Collateral”, to the extent they arise out of operations conducted on the Real Property described in Exhibit “A” attached hereto. Notwithstanding the above, this Security Agreement will not secure an obligation of Borrower covered by the Truth-in-Lending Act unless the document or disclosure statement which evidences such transaction indicates by proper disclosure that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERAL"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced transaction is secured by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtednessthis Security Agreement.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement by mutual agreement ("COLLATERAL SCHEDULE"“Collateral Schedule”), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefortherefore, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"“Collateral”). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" “Notes” and each a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"“Indebtedness”). Unless otherwise provided by applicable lawDebtor acknowledges that, notwithstanding anything that the Note(s) may be paid in full, this Security Agreement shall continue to secure the contrary contained in payment and performance of all other debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party under the Note(s) or this Agreement, to now existing or arising in the extent future, and that Secured Party asserts a purchase money shall be under no obligation to release the Collateral unless and until all Indebtedness of Debtor to Secured Party has been paid and satisfied; provided, however, Secured Party, in its sole and exclusive discretion, may elect to release some of the Collateral without prejudice to Secured Party’s security interest in any items of Collateral ("PMSI COLLATERAL"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtednessremaining Collateral.

Creation of Security Interest. Debtor hereby gives, grants and assigns to Secured Party, its successors and assignsassigns forever, a security interest in and against any and all property listed on any collateral schedule now or in the future hereafter annexed to hereto or made a part of this Agreement hereof ("COLLATERAL SCHEDULE"), and in and against any and all additions, attachments, accessories and accessions to such propertythereto, any and all substitutions, replacements or exchanges therefor, and any and all insurance and/or other proceeds thereof (all such property is of the foregoing being hereinafter individually and collectively called referred to as the "COLLATERAL"). This The foregoing security interest is given to secure the payment and performance of any and all debts, obligations and liabilities of any kind kind, nature or description whatsoever (whether primary, secondary, direct, contingent, sole, joint or several, or otherwise, and whether due or to become due) of Debtor to Secured Party, now existing or arising in the futurehereafter arising, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" and each a "NOTE"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called all of the foregoing being hereinafter referred to as the "INDEBTEDNESS"). Unless otherwise provided by applicable lawNotwithstanding the foregoing, and notwithstanding anything to the contrary contained elsewhere in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERAL"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtedness. Secured Party understands and acknowledges that Debtor's inventory, work in process, accounts, account receivables and general intangibles are not Collateral.

Creation of Security Interest. Debtor hereby gives, grants and assigns to Secured Party, its successors and assignsassigns forever, a security interest in and against any and all property listed on any collateral schedule now or in the future hereafter annexed to hereto or made a part of this Agreement hereof ("COLLATERAL SCHEDULECollateral Schedule"), and in and against any and all additions, attachments, accessories and accessions to such propertythereto, any and all substitutions, replacements or exchanges therefor, and any and all insurance and/or other proceeds thereof (all such property is of the foregoing being hereinafter individually and collectively called referred to as the "COLLATERALCollateral"). This The foregoing security interest is given to secure the payment and performance of any and all debts, obligations and liabilities of any kind kind, nature or description whatsoever (whether primary, secondary, direct, contingent, sole, joint or several, or otherwise, and whether due or to become due) of Debtor to Secured Party, now existing or arising in the futurehereafter arising, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTESNotes" and each a "NOTENote"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called all of the foregoing being hereinafter referred to as the "INDEBTEDNESSIndebtedness"). Unless otherwise provided by applicable lawNotwithstanding the foregoing, and notwithstanding anything to the contrary contained elsewhere in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERALCollateral"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESSIndebtedness"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"“Collateral Schedule”), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefortherefore, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"“Collateral”). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the futurefuture under or in connection with this Agreement, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" “Notes” and each a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"“Indebtedness”). Debtor acknowledges that, Secured Party shall be under no obligation to release the Collateral unless and until all Indebtedness of Debtor to Secured Party has been paid and satisfied; provided, however, Secured Party, in its sole and exclusive discretion, may elect to release some of the Collateral without prejudice to Secured Party’s security interest in the remaining Collateral. Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("“PMSI COLLATERAL"Collateral”): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "“PMSI INDEBTEDNESS"Indebtedness”), and (ii) no other Collateral shall secure the PMSI Indebtedness. Upon the payment in full of all of the Indebtedness, and termination of Secured Party’s commitment to lend hereunder, this Agreement shall terminate and Secured Party shall, at the cost and expense of Debtor, execute and deliver to Debtor all such documents and instruments as shall be necessary to evidence termination of the security interests created hereunder.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property financed by the Secured Party and listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"“Collateral Schedule”), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefortherefore, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"“Collateral”). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" “Notes” and each a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"“Indebtedness”). Unless otherwise provided by applicable lawDebtor acknowledges that, notwithstanding anything that the Note(s) may be paid in full, this Security Agreement shall continue to secure the contrary contained payment and performance of all such Indebtedness, now existing or arising in this Agreementthe future, to the extent and that Secured Party asserts a purchase money shall be under no obligation to release the Collateral unless and until all Indebtedness of Debtor to Secured Party has been paid and satisfied; provided, however, Secured Party, in its sole and exclusive discretion, may elect to release some of the Collateral without prejudice to Secured Party’s security interest in any items of Collateral ("PMSI COLLATERAL"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtednessremaining Collateral.

Creation of Security Interest. Debtor hereby gives, grants and assigns to Secured Party, its successors and assignsassigns forever, a security interest in and against any and all property listed on any collateral schedule now or in the future hereafter annexed to hereto or made a part of this Agreement hereof ("COLLATERAL SCHEDULE"“Collateral Schedule”), and in and against any and all additions, attachments, accessories and accessions to such propertythereto, any and all substitutions, replacements or exchanges therefor, and any and all insurance and/or other proceeds thereof (all such property is of the foregoing being hereinafter individually and collectively called referred to as the "COLLATERAL"“Collateral”). This The foregoing security interest is given to secure secured the payment and performance of any and all debts, obligations and liabilities of any kind kind, nature or description whatsoever (whether primary, secondary, direct, contingent, sole, joint or several, or otherwise, and whether due or to become due) of Debtor to Secured Party, now existing or arising in the futurehereafter arising, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" “Notes” and each a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called all of the "INDEBTEDNESS"foregoing being hereinafter referred to as the “Indebtedness”). Unless otherwise provided by applicable lawNotwithstanding the foregoing, and notwithstanding anything to the contrary contained elsewhere in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("“PMSI COLLATERAL"Collateral”): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "“PMSI INDEBTEDNESS"Indebtedness”), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a first security interest in and against all equipment and other property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"each, a “Collateral Schedule”), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"“Collateral”). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" collectively, the “Notes”, and each each, a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are individually and collectively called the "INDEBTEDNESS"“Indebtedness”). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("the “PMSI COLLATERAL"Collateral”): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "“PMSI INDEBTEDNESS"Indebtedness”), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement by the Debtor’s execution thereof ("COLLATERAL SCHEDULE"“Collateral Schedule”), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"“Collateral”). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes executed by Debtor in favor of Secured Party from time to time and identified on any Collateral Schedule (collectively "NOTES" “Notes” and each a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"“Indebtedness”). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("“PMSI COLLATERAL"Collateral”): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "“PMSI INDEBTEDNESS"Indebtedness”), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"“Collateral Schedule”), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefortherefore, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"“Collateral”). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the futurefuture under this Agreement, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" “Notes” and each a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"“Indebtedness”). Debtor acknowledges that, notwithstanding that the Note(s) may be paid in full, this Security Agreement shall continue to secure the payment and performance of all other debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future in connection with the Indebtedness, and that Secured Party shall be under no obligation to release the Collateral unless and until all Indebtedness of Debtor to Secured Party has been paid and satisfied; provided, however, Secured Party, in its sole and exclusive discretion, may elect to release some of the Collateral without prejudice to Secured Party’s security interest in the remaining Collateral. Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("“PMSI COLLATERAL"Collateral”): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "“PMSI INDEBTEDNESS"Indebtedness”), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor hereby gives, grants and assigns to Secured Party, its successors and assignsassigns forever, a security interest in and against any and all property listed on any collateral schedule now or in the future hereafter annexed to hereto or made a part of this Agreement hereof ("COLLATERAL SCHEDULESehedule"), and in and against any and all additions, attachments, accessories and accessions to such propertythereto, any and all substitutions, replacements or exchanges therefor, and any and all insurance and/or other proceeds thereof (all such property is of the foregoing being hereinafter individually and collectively called referred to as the "COLLATERAL"). This The foregoing security interest is given to secure the payment and performance of any and all debts, obligations and liabilities of any kind kind, nature or description whatsoever (whether primary, secondary, direct, contingent, sole, joint or several, or otherwise, and whether due or to become due) of Debtor to Secured Party, now existing or arising in the futurehereafter arising, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" and each a "NOTE"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called all of the "INDEBTEDNESS"foregoing being hereinafter referred to as the AINDEBTEDNESS@). Unless otherwise provided by applicable lawNotwithstanding the foregoing, and notwithstanding anything to the contrary contained elsewhere in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERAL"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor hereby gives, grants and assigns to Secured Party, its successors and assignsassigns forever, a security interest in and against any and all property listed on any collateral schedule now or in the future hereafter annexed to hereto or made a part of this Agreement hereof ("COLLATERAL SCHEDULECollateral Schedule"), and in and against any and all additions, attachments, accessories and accessions to such propertythereto, any and all substitutions, replacements or exchanges therefor, and any and all insurance and/or other proceeds thereof (all such property is of the foregoing being hereinafter individually and collectively called referred to as the "COLLATERALCollateral"). This The foregoing security interest is given to secure the payment and performance of any and all debts, obligations and liabilities of any kind kind, nature or description whatsoever (whether primary, secondary, direct, contingent, sole, joint or several, or otherwise, and whether due or to become due) of Debtor to Secured secured Party, now existing or arising in the futurehereafter arising, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively collectively, "NOTESNotes" and each a "NOTENote"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called all of the foregoing being hereinafter referred to as the "INDEBTEDNESSIndebtedness"). Unless otherwise provided by applicable lawNotwithstanding the foregoing, and notwithstanding anything to the contrary contained elsewhere in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERALCollateral"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (( the "PMSI INDEBTEDNESSIndebtedness"), and (ii) no other Collateral shall secure the PMSI Indebtedness. 2 2.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any the collateral schedule now or in the future annexed to hereto or made a part of this Agreement hereof ("COLLATERAL SCHEDULECollateral Schedule"), and in and against any and all additions, attachments, accessories and accessions to such property, any and all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such property is of the foregoing being hereinafter individually and collectively called referred to as the "COLLATERALCollateral"). This security interest is given to secure the payment and performance of any and all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to under the payment Note and performance this Agreement, and any other documents evidencing, or given in connection with, any of certain Promissory Notes from time to time identified on any Collateral Schedule the Indebtedness (collectively all of the foregoing are called the "NOTES" and each a Debt Documents"NOTE"), ) and any renewals, extensions and modifications of such debts, obligations and liabilities (such NotesNote, debts, obligations and liabilities are called the "INDEBTEDNESSIndebtedness"). Unless otherwise provided by applicable law, notwithstanding ) Notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERALCollateral"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESSIndebtedness"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. As security for the payment of any and all obligations and liabilities of any nature whatsoever, whether primary, secondary, direct, contingent, sole, joint or several, due or to become due, now existing or hereafter contracted or acquired, of Debtor to Secured Party, including without limitation the payment of all sums due or to become due and the performance of all obligations pursuant to certain Promissory Notes (each, a "Note", together the "Notes") made by Debtor to the order of Secured Party, identified on any collateral schedule which, from time to time, may be annexed hereto and incorporated herein by reference ("Collateral Schedule"), and modifications thereof (any and all of which are sometimes referred to hereafter as the "Indebtedness"), Debtor hereby gives, grants and assigns to Secured Party, its successors and assigns, a security interest in and against the Lease Agreement between Debtor and Oxford Health Plans, Inc., dated February 10, 1998 and Equipment Schedule Nos. 10 attached hereto (the Lease Agreement and all such equipment schedules shall be hereinafter collectively and individually referred to as the "Lease"), all of the equipment leased thereunder (the "Equipment") and any and all additional property pledged to Debtor pursuant to any such Lease now and hereafter listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"), such Collateral Schedule and in and against any and all additions, attachments, accessories and accessions to such propertythereto, any and all substitutions, replacements or exchanges therefortherefore, and any and all insurance and/or other proceeds thereof (of the Lease, Equipment and other property in and against which a security interest is granted hereunder, all such of which Lease, Equipment and other property is and proceeds are hereinafter individually and collectively called referred to as the ("COLLATERALCollateral"). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" and each a "NOTE"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERAL"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor grants to Secured PartyTo secure the prompt, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE")punctual, and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"). This security interest is given to secure the faithful payment and performance of all debtsand each of the Obligations of the Companies to BANA under, obligations related to, or arising in connection with the Consignment Agreement, any documents related thereto or executed in connection therewith, and liabilities otherwise, whether now existing or hereafter arising, the Companies each hereby grants BANA a continuing security interest in and to, a lien on, and right of set-off with respect to, all right, title and interest of each Company in and to: (i) account no. 387148 maintained by Wolverine Tube with BANA and account no. 20000000 maintained by Wolverine Tube with Banc of America Securities LLC (“BAS”) pursuant to that certain Customer Agreement dated on or about December 15, 2006 (the “Customer Agreement”) among the Wolverine Tube, BANA and BAS (hereinafter, each of the accounts referred to in this clause (i) shall be referred to collectively as the “Account”); (ii) all investment property, securities and other financial assets of any kind whatsoever (including, without limitation, all “Financial Instruments” as defined in the Customer Agreement), all certificates of Debtor deposit, all cash and all other funds now or hereafter held in, credited to, or on deposit in the Account; (iii) all income now or hereafter earned therefrom and all investments now or hereafter made thereof; and (iv) with respect to Secured Partyeach item of property referred to in the foregoing clauses (i) through (iii), all replacements, substitutions, additions, interest, and other distributions arising out of or in respect of any of the foregoing, all instruments relating to or evidencing any of the foregoing, all general intangibles relating to any of the foregoing, and all products and proceeds, both cash and non-cash, arising out of or in respect of any of the foregoing whether now existing or arising at any time in the future, including but not limited future (all of which is referred to hereinafter as the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" and each a "NOTE"“Collateral”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERAL"): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" and each a "NOTE"), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERAL"): ) (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. The Section is hereby amended and replaced with the following: “Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"“Collateral Schedule”), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"“Collateral”). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, other than any obligations of Debtor to Secured Party in connection with any agreements executed between Secured Party and Debtor in connection with Secured Party’s purchase of Debtor’s Series C Convertible Preferred Stock, now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" “Notes” and each a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"“Indebtedness”). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("“PMSI COLLATERAL"Collateral”): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "“PMSI INDEBTEDNESS"Indebtedness”), and (ii) no other Collateral shall secure the PMSI Indebtedness.”

Creation of Security Interest. Debtor hereby gives, grants and assigns to Secured Party, its successors and assignsassigns forever, a security interest in and against any and all property listed on any collateral schedule now or in the future hereafter annexed to hereto or made a part of this Agreement hereof ("COLLATERAL SCHEDULE"ACollateral Schedule@), and in and against any and all additions, attachments, accessories and accessions to such propertythereto, any and all substitutions, replacements or exchanges therefor, and any and all insurance and/or other proceeds thereof (all such property is of the foregoing being hereinafter individually and collectively called referred to as the "COLLATERAL"ACollateral@). This The foregoing security interest is given to secure the payment and performance of any and all debts, obligations and liabilities of any kind kind, nature or description whatsoever (whether primary, secondary, direct, contingent, sole, joint or several, or otherwise, and whether due or to become due) of Debtor to Secured Party, now existing or arising in the futurehereafter arising, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" ANotes@ and each a "NOTE"ANote@), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called all of the "INDEBTEDNESS"foregoing being hereinafter referred to as the AIndebtedness@). Unless otherwise provided by applicable lawNotwithstanding the foregoing, and notwithstanding anything to the contrary contained elsewhere in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("PMSI COLLATERAL"APMSI Collateral@): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "PMSI INDEBTEDNESS"APMSI Indebtedness@), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all the equipment and property listed on any collateral schedule now or in the future annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"“Collateral Schedule”), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such equipment and property is individually and collectively called the "COLLATERAL"“Collateral”). This security interest is given to secure the payment and performance of all debts, obligations and liabilities of any kind whatsoever of Debtor to Secured Party, now existing or arising in the future, including but not limited to in connection with the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" “Notes” and each a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"“Indebtedness”). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("“PMSI COLLATERAL"Collateral”): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "“PMSI INDEBTEDNESS"Indebtedness”), and (ii) no other Collateral shall secure the PMSI Indebtedness.

Creation of Security Interest. Debtor grants to Secured Party, its successors and assigns, a security interest in and against all property listed on any collateral schedule now or in the future future-annexed to or made a part of this Agreement ("COLLATERAL SCHEDULE"“Collateral Schedule”), and in and against all additions, attachments, accessories and accessions to such property, all substitutions, replacements or exchanges therefor, and all insurance and/or other proceeds thereof (all such property is individually and collectively called the "COLLATERAL"“Collateral”). This security interest is given to secure the payment and performance of all the Notes and debts, obligations and liabilities of any kind whatsoever of Debtor to Secured PartyParty relating thereto, now existing or arising in the future, including but not limited to the payment and performance of certain Promissory Notes from time to time identified on any Collateral Schedule (collectively "NOTES" “Notes” and each a "NOTE"“Note”), and any renewals, extensions and modifications of such debts, obligations and liabilities (such Notes, debts, obligations and liabilities are called the "INDEBTEDNESS"“Indebtedness”). Unless otherwise provided by applicable law, notwithstanding anything to the contrary contained in this Agreement, to the extent that Secured Party asserts a purchase money security interest in any items of Collateral ("“PMSI COLLATERAL"Collateral”): (i) the PMSI Collateral shall secure only that portion of the Indebtedness which has been advanced by Secured Party to enable Debtor to purchase, or acquire rights in or the use of such PMSI Collateral (the "“PMSI INDEBTEDNESS"Indebtedness”), and (ii) no other Collateral shall secure the PMSI Indebtedness.