Common use of Obligations Are Without Recourse Clause in Contracts

Obligations Are Without Recourse. 10 21.Partial Release; Full Release....................................................10 22.Miscellaneous....................................................................10 23.Conflicts with Participation Agreement...........................................11 24.LESSEE as a Party................................................................11 SECURITY AGREEMENT This SECURITY AGREEMENT, dated as of October 19, 2000 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, this "Security Agreement"), is made between FIRST SECURITY BANK, NATIONAL ASSOCIATION, a national banking association, as Owner Trustee under the Lexi Trust 2000-1 (the "Borrower"), and BANK OF AMERICA, N.A., a national banking association ("Bank"), as agent for (a) the Lenders (hereinafter defined) under the Credit Agreement dated as of October 19, 2000 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, the "Credit Agreement") by and among the Borrower, the lending institutions from time to time parties thereto (the "Lenders") and Bank as the agent for the Lenders and (b) the holders of the certificates issued pursuant to the Trust Agreement dated as of October 19, 2000 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, the "Trust Agreement") among the holders from time to time parties thereto (the "Holders") and the Borrower, in its individual capacity thereunder and in its capacity as Owner Trustee thereunder. The Agent, the Lenders and the Holders, together with their successors and permitted assigns, are collectively referred to hereinafter as the "Secured Parties", Bank, in its capacity as agent for the Secured Parties is referred to hereinafter as the "Agent", and this Security Agreement is accepted and agreed to by LEXICON GENETICS INCORPORATED, a Delaware corporation.

Obligations Are Without Recourse. 10 21.Partial 22. Partial Release; Full Release................................................................................................10 22.Miscellaneous....................................................................23. Miscellaneous............................................................10 23.Conflicts 24. Conflicts with Participation Agreement..............................................................................11 24.LESSEE as a Party................................................................25. LESSEE AS A PARTY........................................................11 26. Counterparts.............................................................12 Exhibit 10.3 to 2003 10-Q SECURITY AGREEMENT ------------------ This SECURITY AGREEMENT, dated as of October 19June 30, 2000 2003 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, this "Security Agreement"), is made between FIRST SECURITY BANK, NATIONAL ASSOCIATIONWACHOVIA DEVELOPMENT CORPORATION, a national banking associationNorth Carolina corporation, as Owner Trustee under the Lexi Trust 2000-1 borrower (the "Borrower"), and BANK OF AMERICAWACHOVIA BANK, N.A.NATIONAL ASSOCIATION, a national banking association ("Bank"), as agent for (a) the Lenders Credit Note Purchasers (hereinafter defined) under the Credit Note Purchase Agreement dated as of October 19June 30, 2000 2003 (as amended, modified, extended, supplemented, supplemented and/or restated and/or replaced from time to time, the "Credit Note Purchase Agreement") by and among the Borrower, the lending financial institutions and other institutional investors from time to time parties thereto (the "Credit Note Purchasers") and Bank, as the agent for the Credit Note Purchasers, (b) the Mortgage Lenders (hereinafter defined) under the Mortgage Note Loan Agreement dated as of June 30, 2003 (as amended, modified, extended, supplemented and/or restated from time to time, the "Mortgage Note Loan Agreement") by and among the Borrower, the several banks and other financial institutions from time to time parties thereto (the foregoing banks and financial institutions are collectively referenced as the "Mortgage Lenders") and Bank Bank, as the agent for the Lenders Mortgage Lenders, (c) the Lessor, and (bd) the holders of the certificates issued pursuant to the Trust Agreement dated as of October 19, 2000 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, the "Trust Agreement") among the holders from time to time parties thereto (the "Holders") and the Borrower, in its individual capacity thereunder and in its capacity as Owner Trustee thereunderitself. The Agent, the Lenders Lessor, the Credit Note Purchasers, and the HoldersMortgage Lenders, together with their successors and permitted assigns, are collectively referred to hereinafter as the "Secured Parties", ." The Bank, in its capacity as agent for the Secured Parties is referred to hereinafter as the "Agent", ," and this Security Agreement is accepted and agreed to by LEXICON GENETICS INCORPORATEDConvergys Corporation, a Delaware an Ohio corporation.

Obligations Are Without Recourse. 10 21.Partial 11 21. Partial Release; Full Release....................................................10 22.Miscellaneous....................................................................10 23.Conflicts ............................................ 11 22. Miscellaneous............................................................ 11 23. Conflicts with Participation Agreement...........................................11 24.LESSEE as a Party................................................................11 ................................... 12 24. LESSEE AS A PARTY........................................................ 12 3 SECURITY AGREEMENT This SECURITY AGREEMENT, dated as of October 19April 23, 2000 1999 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, this "Security Agreement"), is made between FIRST SECURITY BANK, NATIONAL ASSOCIATION, a national banking association, not individually, but solely as Owner Trustee under the Lexi VS Trust 20001999-1 0 (the xxx "BorrowerXxxxxxxx"), and BANK OF AMERICAxxd NATIONSBANK, N.A., a national banking association ("Bank"), as agent for (a) the Lenders (hereinafter defined) under the Credit Agreement dated as of October 19April 23, 2000 1999 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, the "Credit Agreement") by and among the Borrower, the lending institutions from time to time parties thereto (the "Lenders") and Bank as the agent for the Lenders and (b) the holders of the certificates issued pursuant to the Trust Agreement dated as of October 19April 23, 2000 1999 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, the "Trust Agreement") among the holders from time to time parties thereto (the "Holders") and the Borrower, in its individual capacity thereunder and in its capacity as Owner Trustee thereunder. The Agent, the Lenders and the Holders, together with their successors and permitted assigns, are collectively referred to hereinafter as the "Secured Parties", " Bank, in its capacity as agent for the Secured Parties is referred to hereinafter as the "Agent", and this Security Agreement is accepted and agreed to by LEXICON GENETICS INCORPORATEDVeritas Software Corporation, a Delaware corporation.

Obligations Are Without Recourse. 10 21.Partial 21. Partial Release; Full Release................................................................................................ 10 22.Miscellaneous....................................................................22. Miscellaneous............................................................ 10 23.Conflicts 23. Conflicts with Participation Agreement.............................................................................. 11 24.LESSEE as a Party................................................................24. LESSEE AS A PARTY........................................................ 11 SECURITY AGREEMENT This SECURITY AGREEMENT, dated as of October 19June 2, 2000 1999 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, this "Security Agreement"), is made between FIRST SECURITY BANK, NATIONAL ASSOCIATION, a national banking association, not individually, but solely as Owner Trustee under the Lexi DTSD Realty Trust 20001999-1 (the "Borrower"), and BANK OF AMERICAFIRST XXXXX XXXXXXXX XXXX, N.A., a x national banking association ("Bank"), as agent for (a) the Lenders (hereinafter defined) lender under the Credit Agreement dated as of October 19June 2, 2000 1999 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, the "Credit Agreement") by and among the BorrowerBorrower and Bank, the lending institutions from time to time parties thereto (the "Lenders") and Bank as the agent for the Lenders and (b) the holders holder of the certificates issued pursuant to the Trust Agreement dated as of October 19June 2, 2000 1999 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, the "Trust Agreement") among the holders from time to time parties thereto (the "Holders") and the Borrower, in its individual capacity thereunder and in its capacity as Owner Trustee thereunderthereunder and Bank. The Agent, the Lenders and the Holders, together with their successors and permitted assigns, are collectively referred to hereinafter as the "Secured Parties", Bank, in its capacity as agent for the Secured Parties is referred to hereinafter as the "Agent", and this This Security Agreement is accepted and agreed to by LEXICON GENETICS INCORPORATEDDOLLAR TREE DISTRIBUTION, INC., a Delaware Virginia corporation.