Financing Statement No. 9812926 filed by The CIT Group/Credit Finance, Inc., on August 12, 1998 with the Nevada Secretary of State.
Financing Statement No. 9822360932 filed by The CIT Group/Credit Finance, Inc., on August 11, 1998 with the California Secretary of State.
Financing Statement No. 0002038371 filed on December 5,2000 in the Office of the Secretary of State of the State of Connecticut, MWI, Inc. , as debtor, Associates Leasing, Inc., as secured party, covering one (1) Daewoo Mynx 500.
Financing Statement No. 9716048 filed by U.S. Bank, on September 22, 1997 with the Nevada Secretary of State.
Financing Statement No. 23125147 naming Borrower as “debtor” and the Collateral Trustees as “secured party” (the “Original Borrower Security Agreement Financing Statement”) as filed in the Office of the Secretary of State of the State of Delaware (the “State Office”) on December 13, 2002; the UCC Financing Statement Amendment No. 31952897 naming Borrower as “debtor” and the Collateral Trustees as “secured party” (the “Borrower Security Agreement Financing Statement Amendment”) as filed in the State Office on July 29, 2003; the UCC-1 Financing Statement No. 23125089 naming Borrower as “debtor” and the Collateral Trustees as “secured party” (the “Original Borrower Collateral Trust Agreement Financing Statement” and together with the Original Borrower Security Agreement Financing Statement, the “Original Financing Statements” and each individually, an “Original Financing Statement”) as filed in the State Office on December 13, 2002; the UCC Financing Statement Amendment No. 31952756 naming Borrower as “debtor” and the Collateral Trustees as “secured party” (the “Borrower Collateral Trust Agreement Financing Statement Amendment”) as filed in the State Office on July 29, 2003; and a certification of good standing of the Borrower obtained as of a recent date from the State Office. In such examinations, we have assumed the genuineness of all signatures, the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as copies or drafts of documents to be executed and the legal competence and capacity of natural persons to complete the execution of documents. We have further assumed for purposes of this opinion: (i) the due formation or organization, valid existence and good standing of each entity that is a signatory to any of the above-referenced documents under the laws of the jurisdiction of its formation or organization; (ii) the due authorization, authentication, adoption, approval, certification, acknowledgement, execution, filing, indexing and delivery, as applicable, of each of the above-referenced documents by each of the parties thereto; (iii) that the Original Borrower Security Agreement Financing Statement provides the mailing address of Borrower and the names and mailing addresses of the Collateral Trustees and sufficiently indicates the “Collateral” (as defined in the Original Security Agreement) in accordance with Section 9-502 of the Delaware UCC; (iv) that the Original Borrower Collateral Trust Agreem...
Financing Statement No. 55890 showing Spinnaker Coating, Inc., as debtor, and Crown Credit Company as secured party, filed December 1, 1998 in Office of Recorder of Miami County, Ohio.
Financing Statement No. 000-0000-000000 held by SouthTrust Bank, National Association, dated as of May 13, 1998 and filed in DeKalb County, Georgia, pursuant to a loan to ASC that was fully satisfied at the closing of the purchase of the membership interests of ASC by SURGICOE in July of 2000. Although SouthTrust Bank neglected to file a UCC-3 termination statement immediately subsequent to such closing, SouthTrust Bank has authorized the filing of such a termination statement by SURGICOE on or shortly after the closing of the Merger.
Financing Statement No. 000-0000-000000 held by American Express Business Finance Corporation, pursuant to that certain Lease Agreement with ASC, filed in Bxxxxx County, Georgia and dated as of April 9, 2001, evidencing a security interest in certain leased equipment.
Financing Statement No. 00-000-0000 filed by The CIT Group/Credit Finance on August 12, 1998 with the Washington State Department of Licensing;
Financing Statement No. 9827360784 and 9827360789 filed September 25, 1998 with the Secretary of State of California covering one new 1998 Marathon Horizontal Bailxx (X/N 108648), one used Komatsu Model FG25ST-3 Forklift (S/N FG25ST-8) and proceeds of such collateral.
