Common use of GRANTING PROVISIONS Clause in Contracts

GRANTING PROVISIONS. 4.1. As security for the prompt performance, observance and payment in full of all Obligations, Borrower hereby grants to FINOVA a continuing security interest in, lien upon and right of setoff against, and Borrower hereby assigns, transfers, pledges and sets over to FINOVA the following (which, together with any of Borrower's other property in which FINOVA may at any time have a security interest or lien, whether pursuant to any supplement or amendment hereto, or otherwise, all of which are herein collectively referred to as the "Collateral"): (a) All of Borrower's present and future Accounts; (b) all of Borrower's monies, securities and other property and the proceeds thereof, now or hereafter held or received by, or in transit to, FINOVA from or for Borrower, or for the account of Borrower, whether for safekeeping, pledge, custody, transmission, collection or otherwise, and all of Borrower's deposits (general or special) including, but not limited to security deposits, balances, sums and credits with FINOVA at any time existing or with a third party for the Borrower's account; (c) all of Borrower's present and future right, title and interest, and all of Borrower's present and future rights, remedies, security and liens, in, to and in respect of the Accounts and other Collateral, including, without limitation, rights of stoppage in transit, replevin, repossession and reclamation and other rights and remedies of an unpaid vendor, lienor or secured party, guarantees or other contracts of suretyship with respect to the Accounts, deposits or other security for the obligation of any Account Debtor, and credit and other insurance; (d) all of Borrower's present and future right, title and interest in, to and in respect of all goods relating to, or which by sale have resulted in, Accounts including, without limitation, all goods described in invoices, documents, contracts or instruments with respect to, or otherwise representing or evidencing, any Accounts or other Collateral, including without limitation, all returned, reclaimed or FINOVA Capital Corporation Security Agreement

GRANTING PROVISIONS. 4.1. As security for the prompt performance, observance and payment in full of all Obligations, Borrower hereby grants to FINOVA Lender a continuing security interest in, lien upon and right of setoff against, and Borrower hereby assigns, transfers, pledges and sets over to FINOVA Lender the following (which, together with any assets of Borrower's other property in which FINOVA may at any time have a security interest Borrower whether now owned or lien, whether pursuant to any supplement or amendment hereto, or otherwisehereafter acquired, all of which are herein collectively referred to as the "Collateral"): COLLATERAL" including but not limited to: (a) All of Borrower's present and future Accounts; (b) all of Borrower's moniesnow existing and hereafter created and/or acquired Accounts, securities and other property and including the proceeds thereof, now or hereafter held or received by, or in transit to, FINOVA Lender from or for Borrower, or for the account of Borrower, whether for safekeeping, pledge, custody, transmission, collection or otherwise, and all of Borrower's deposits (general or special) including, but not limited to security deposits, balances, sums and credits with FINOVA Lender at any time existing or with a third party for the Borrower's account; (cb) all of Borrower's present and future right, title and interest, and all of Borrower's present and future rights, remedies, security and liens, in, to and in respect of the Accounts and other CollateralAccounts, including, without limitation, rights of stoppage in transit, replevin, repossession and reclamation and other rights and remedies of an unpaid vendor, lienor or secured party, guarantees or other contracts of suretyship with respect to the Accounts, deposits or other security for the obligation of any Account Debtor, and credit and other insurance; (c) all of Borrower's present and future deposit accounts; (d) all of Borrower's present and future books, records, ledger cards, computer programs including all software and data contained in or by any computer whether in the possession of the Borrower or any other party including, but not limited to any and all source and object codes used or owned by Borrower and any and all hardware peripherals which the Borrower may now or hereafter use and apply or acquire in connection with its business, discs, tapes, and tape files, internet access lines, web page, web sites and other property and general intangibles evidencing or relating to the Accounts and any other Collateral or any Account Debtor, together with the file cabinets, containers, tapes or disks, in which the foregoing are stored ("RECORDS"); (e) all of Borrower's presently owned or hereafter acquired Inventory, including but not limited to, returned and/or reclaimed goods; (f) all other of Borrower's present and future general intangibles as defined in Article 9 of the UCC and shall also include without limitation, customer lists, payment intangibles, trade names and trademarks, service marks, trade secrets, and the goodwill of the business symbolized thereby, licenses, permits and Federal, State and local tax refund claims, leases, rents and insurance claims of all kinds; (g) all of Borrower's right, title and interest inin and to any and all assets, personal property and collateral owned by third parties and all of Borrower's right, title and interest in and to all liens, encumbrances and security interests of Borrower in respect the assets, personal property and collateral of third parties; and (h) all goods relating toproceeds of the foregoing as defined in Article 9 of the UCC, or which by sale have resulted inin any form, Accounts includingand shall also include cash proceeds, without limitationnoncash proceeds, all goods described in invoices, documents, contracts claims against third parties for loss or instruments with respect to, damage to or otherwise representing destruction of any or evidencing, all of the foregoing. The security interests granted herein shall remain effective whether or not the Collateral covered thereby is acceptable to Lender or deemed by it to be ineligible for the purposes of any Accounts loans or other Collateral, including without limitation, all returned, reclaimed or FINOVA Capital Corporation Security advances contemplated under this Agreement.

GRANTING PROVISIONS. 4.1. As security for the prompt performance, observance and payment in full of all Obligations, Borrower hereby grants to FINOVA a continuing security interest in, lien upon and right of setoff against, and Borrower hereby assigns, transfers, pledges and sets over to FINOVA the following (which, together with any of Borrower's other property in which FINOVA may at any time have a security interest or lien, whether pursuant to any supplement or amendment hereto, or otherwise, all of which are herein collectively referred to as the "Collateral"): (a) All of Borrower's present and future Accounts; (b) all of Borrower's monies, securities and other property and the proceeds thereof, now or hereafter held or received by, or in transit to, FINOVA from or for Borrower, or for the account of Borrower, whether for safekeeping, pledge, custody, transmission, collection or otherwise, and all of Borrower's deposits (general or special) including, but not limited to security deposits, balances, sums and credits with FINOVA at any time existing or with a third party for the Borrower's account; (c) all of Borrower's present and future right, title and interest, and all of Borrower's present and future rights, remedies, security and liens, in, to and in respect of the Accounts and other Collateral, including, without limitation, rights of stoppage in transit, replevin, repossession and reclamation and other rights and remedies of an unpaid vendor, lienor or secured party, guarantees or other contracts of suretyship with respect to the Accounts, deposits or other security for the obligation of any Account Debtor, and credit and other insurance; (d) all of Borrower's present and future right, title and interest in, to and in respect of all goods relating to, or which by sale have resulted in, Accounts including, without limitation, all goods described in invoices, documents, contracts or instruments with respect to, or otherwise representing or evidencing, any Accounts or other Collateral, including without limitation, all returned, reclaimed or repossessed goods; (e) all of Borrower's present and future deposit accounts; (f) all of Borrower's present and future books, records, ledger cards, computer programs (including all software and data contained in or by any computer whether in the possession of the Borrower or any other party) and other property and general intangibles evidencing or relating to the Accounts and any other Collateral or any Account Debtor, together with the file cabinets, containers, tapes or disks, in which the foregoing are stored ("Records"); (g) all of Borrower's presently owned or hereafter acquired inventory; (h) all of Borrower's machinery and equipment, whether presently owned or hereinafter acquired; (i) all other of Borrower's present and future general intangibles of every kind and description, including, without limitation, customer lists, stock options, patent, trademark and copyright applications, trade names and trademarks, and the goodwill of the business symbolized thereby, patents, copyrights, licenses and Federal, State and local tax refund claims, leases, rents and insurance claims of all kinds; and (j) all proceeds of the foregoing, in any form, including, without limitation, all claims against third parties for loss or damage to or destruction of any or all of the foregoing. The security interests granted herein shall remain effective whether or not the Collateral covered thereby is acceptable to FINOVA Capital Corporation Security or deemed by it to be ineligible for the purposes of any loans or advances contemplated under this Agreement.

GRANTING PROVISIONS. 4.1. As security for the prompt performance, observance and payment in full of all Obligations, Borrower hereby grants to FINOVA AFL a continuing security interest in, lien upon and right of setoff against, and Borrower hereby assigns, transfers, pledges and sets over to FINOVA AFL the following (which, together with any of Borrower's other property in which FINOVA AFL may at any time have a security interest or lien, whether pursuant to any supplement or amendment hereto, or otherwise, all of which are herein collectively referred to as the "Collateral"): (a) All all of Borrower's present and future Accounts; (b) all of Borrower's monies, securities and other property and the proceeds thereof, now or hereafter held or received by, or in transit to, FINOVA AFL from or for Borrower, or for the account of Borrower, whether for safekeeping, pledge, custody, transmission, collection or otherwise, and all of Borrower's deposits (general or special) including, but not limited to security deposits, balances, sums and credits with FINOVA AFL at any time existing or with a third party for the Borrower's account; (c) all of Borrower's present and future right, title and interest, and all of Borrower's present and future rights, remedies, security and liens, in, to and in respect of the Accounts and other Collateral, including, without limitation, rights of stoppage in transit, replevin, repossession and reclamation and other rights and remedies of an unpaid vendor, lienor or secured party, guarantees or other contracts of suretyship with respect to the Accounts, deposits or other security for the obligation of any Account Debtor, and credit and other insurance; (d) all of Borrower's present and future right, title and interest in, to and in respect of all goods relating to, or which by sale have resulted in, Accounts including, without limitation, all goods described in invoices, documents, contracts or instruments with respect to, or otherwise representing or evidencing, any Accounts or other Collateral, including without limitation, all returned, reclaimed or FINOVA Capital Corporation Security repossessed goods; (e) all of Borrower's present and future deposit accounts; (f) all of Borrower's present and future books, records, ledger cards, computer programs (including all software and data contained in or by any computer whether in the possession of the Borrower or any other party) and other property and general intangibles evidencing or relating to the Accounts and any other Collateral or any Account Debtor, together with the file cabinets, containers, tapes or disks, in which the foregoing are stored ("Records"); (g) all of Borrower's presently owned or hereafter acquired inventory; (h) all of Borrower's machinery and equipment, whether presently owned or hereinafter acquired subject to any existing purchase money security interest; (i) all other of Borrower's present and future general intangibles of every kind and description, including, without limitation, customer lists, stock options, patent, trademark and copyright applications, trade names and trademarks, and the goodwill of the business symbolized thereby, patents, copyrights, licenses and Federal, State and local tax refund claims, leases, rents and insurance claims of all kinds; (j) all property recovered as a result of transfers or obligations avoided under bankruptcy Sections 544, 545, 547, 548 and 553; and (k) all proceeds of the foregoing, in any form, including, without limitation, all claims against third parties for loss or damage to or destruction of any or all of the foregoing. The security interests granted herein shall remain effective whether or not the Collateral covered thereby is acceptable to AFL for the purposes of any loans or advances contemplated under this Agreement.

GRANTING PROVISIONS. 4.1. As security for the prompt performance, observance and payment in full of all Obligations, Borrower hereby grants to FINOVA a continuing security interest in, lien upon and right of setoff against, and Borrower hereby assigns, transfers, pledges and sets over to FINOVA the following (which, together with any of Borrower's other property in which FINOVA may at any time have a security interest or lien, whether pursuant to any supplement or amendment hereto, or otherwise, all of which are herein collectively referred to as the "Collateral"): (a) All of Borrower's present and future Accounts; (b) all of Borrower's monies, securities and other property and the proceeds thereof, now or hereafter held or received by, or in transit to, FINOVA from or for Borrower, or for the account of Borrower, whether for safekeeping, pledge, custody, transmission, collection or otherwise, and all of Borrower's deposits (general or special) including, but not limited to security deposits, balances, sums and credits with FINOVA at any time existing or with a third party for the Borrower's account; (c) all of Borrower's present and future right, title and interest, and all of Borrower's present and future rights, remedies, security and liens, in, to and in respect of the Accounts and other Collateral, including, without limitation, rights of stoppage in transit, replevin, repossession and reclamation and other rights and remedies of an unpaid vendor, lienor or secured party, guarantees or other contracts of suretyship with respect to the Accounts, deposits or other security for the obligation of any Account Debtor, and credit and other insurance; (d) all of Borrower's present and future right, title and interest in, to and in respect of all goods relating to, or which by sale have resulted in, Accounts including, without limitation, all goods described in invoices, documents, contracts or instruments with respect to, or otherwise representing or evidencing, any Accounts or other Collateral, including without limitation, all returned, reclaimed or repossessed goods; (e) all of Borrower's present and future deposit accounts; (f) all of Borrower's present and future books, records, ledger cards, computer programs (including all software and data contained in or by any computer whether in the possession of the Borrower or any other party) and other property and general intangibles evidencing or relating to the Accounts and any other Collateral or any Account Debtor, together with the file cabinets, containers, tapes or disks, in which the foregoing are stored ("Records"); (g) all of Borrower's presently owned or hereafter acquired inventory; (h) all of Borrower's machinery and equipment, set forth on schedule 4.1 annexed hereto and made a part hereof; (i) all other of Borrower's present and future general intangibles of every kind and description, including, without limitation, customer lists, stock options, patent, and the goodwill of the business symbolized thereby, patents, copyrights, licenses and Federal, State and local tax refund claims, leases, rents and insurance claims of all kinds; and (j) all proceeds of the foregoing, in any form, including, without limitation, all claims against third parties for loss or damage to or destruction of any or all of the foregoing. The security interests granted herein shall remain effective whether or not the Collateral covered thereby is acceptable to FINOVA Capital Corporation Security or deemed by it to be ineligible for the purposes of any loans or advances contemplated under this Agreement.

GRANTING PROVISIONS. 4.1. As security for the prompt performance, observance and payment in full of all Obligations, Borrower hereby grants to FINOVA Lender a continuing security interest in, lien upon and right of setoff against, and Borrower hereby assigns, transfers, pledges and sets over to FINOVA the following (which, together with any Lender all of Borrower's other property in which FINOVA may at any time have a security interest its assets of every kind and nature of Borrower whether now owned or lien, whether pursuant to any supplement or amendment hereto, or otherwisehereafter acquired, all of which are herein collectively referred to as the "“Collateral"): ” including but not limited to: (a) All all of Borrower's ’s present and future Accounts; (b) all of Borrower's ’s monies, securities and other property and the proceeds thereof, now or hereafter held or received by, or in transit to, FINOVA Lender from or for Borrower, or for the account of Borrower, whether for safekeeping, pledge, custody, transmission, collection or otherwise, and all of Borrower's ’s deposits (general or special) including, but not limited to security deposits, balances, sums and credits with FINOVA Lender at any time existing or with a third party for the Borrower's ’s account; (c) all of Borrower's ’s present and future right, title and interest, and all of Borrower's ’s present and future rights, remedies, security and liens, in, to and in respect of the Accounts and other Collateral, including, without limitation, rights of stoppage in transit, replevin, repossession and reclamation and other rights and remedies of an unpaid vendor, lienor or secured party, guarantees or other contracts of suretyship with respect to the Accounts, deposits or other security for the obligation of any Account Debtor, and credit and other insurance; (d) all of Borrower's ’s present and future right, title and interest in, to and in respect of all goods relating to, or which by sale have resulted in, Accounts including, without limitation, all goods described in invoices, documents, contracts or instruments with respect to, or otherwise representing or evidencing, any Accounts or other Collateral, including without limitation, all returned, reclaimed or FINOVA Capital Corporation Security repossessed goods; (e) all of Borrower’s present and future deposit accounts; (f) all of Borrower’s present and future books, records, ledger cards, computer programs including all software and data contained in or by any computer whether in the possession of the Borrower or any other party including, but not limited to any and all source and object codes used or owned by Borrower and any and all hardware peripherals which the Borrower may now or hereafter use and apply or acquire in connection with its business, discs, tapes, and tape files, internet access lines, web page, web sites and other property and general intangibles evidencing or relating to the Accounts and any other Collateral or any Account Debtor, together with the file cabinets, containers, tapes or disks, in which the foregoing are stored (“Records”); (g) all of Borrower’s presently owned or hereafter acquired Inventory; (h) all of Borrower’s machinery and equipment, whether presently owned or hereinafter acquired; (i) all other of Borrower’s present and future general intangibles as defined in Article 9 of the UCC and shall also include without limitation, customer lists, stock options, payment intangibles, software, patent, trademark and copyright applications, trade names and trademarks, service marks, trade secrets, and the goodwill of the business symbolized thereby, patents, copyrights, licenses, permits and Federal, State and local tax refund claims, leases, rents and insurance claims of all kinds; (j) all of Borrower’s right, title and interest in and to any and all assets, personal property and collateral owned by third parties and all of Borrower’s right, title and interest in and to all liens, encumbrances and security interests of Borrower in the assets, personal property and collateral of third parties; (k) all of Borrower’s present and future chattel paper as defined in Article 9 of the UCC and shall also include electronic chattel paper and tangible chattel paper; (l) all of Borrower’s present and future commercial tort claims as defined in Article 9 of the UCC; (m) all of Borrower’s now owned and hereafter acquired goods as defined in Article 9 of the UCC; (n) all of Borrower’s now owned or hereafter acquired instruments as such term is defined in Article 9 of the UCC; (o) all of Borrower’s present and hereafter acquired promissory notes as such term is defined in Article 9 of the UCC; (p) all of Borrower’s present and future documents as such term is defined in Article 9 the UCC; (q) all of Borrower’s present and future letter of credit rights as such terms are defined in Article 9 of the UCC; (r) all of Borrower’s now owned and hereafter acquired investment property, commodity contracts, commodity accounts, securities, securities account and securities entitlements as such terms are defined in Article 9 of the UCC; (s) all of Borrower’s now owned and hereafter acquired money as such term is defined in Article 9 of the UCC; (t) all of Borrower’s present and future right, title and interest in, to and in respect of all supporting obligations as defined in Article 9 of the UCC and shall also include letter of credit rights, guaranties and other contracts of suretyship; and (u) all proceeds of the foregoing as defined in Article 9 of the UCC, in any form, and shall also include cash proceeds, noncash proceeds, all claims against third parties for loss or damage to or destruction of any or all of the foregoing. The security interests granted herein shall remain effective whether or not the Collateral covered thereby is acceptable to Lender or deemed by it to be ineligible for the purposes of any loans or advances contemplated under this Agreement.