EXHIBIT 10(o)
Dated: September 26, 1995
TRADEMARK ASSIGNMENT OF SECURITY
WHEREAS, Nuclear Metals, Inc., a Massachusetts corporation ("Borrower"),
owns the trademarks and trademark applications shown on the attached SCHEDULE
I (the "Trademarks"), for which there are recordings or applications in the
United States Patent and Trademark Office under the numbers shown on SCHEDULE
I; and
WHEREAS, pursuant to (i) a Credit Agreement dated as of March 3l, 1995
by and among the Borrower, State Street Bank and Trust Company ("Bank") and
Carolina Metals, Inc. ("CMI"), a wholly-owned subsidiary of the Borrower, as
amended by First Amendment to Credit Agreement dated as of June 30, 1995
("Amendment"); (ii) a certain letter agreement dated the date hereof by and
among the Borrower, the Bank and CMI; and (iii) a Joint Security Agreement
dated as of March 31, 1995 by and among the Borrower, the Bank and CMI, as
amended by the Amendment and the First Amendment to Joint Security Agreement
dated the date hereof (as further amended, modified, supplemented and/or
restated from time to time, the "Security Agreement"), the Borrower is
obligated to the Bank; and
WHEREAS, pursuant to the Security Agreement, the Borrower has granted to
the Bank a security interest in the Trademarks, all proceeds thereof, all
rights corresponding thereto and the recordings and applications therefor and
all goodwill of the business to which each of the Trademarks relates.
NOW, THEREFORE, for good and valuable consideration, receipt of which is
acknowledged, the Borrower does hereby assign unto the Bank and grant to the
Bank a security interest in and to the Trademarks, and proceeds thereof, all
rights corresponding thereto, the recordings and applications therefor and
the goodwill of the business to which each of the Trademarks relates, which
assignment and security interest shall secure all of the "Obligations" as
defined in the Security Agreement in accordance with terms and provisions
thereof.
The Borrower expressly acknowledges and affirms that the rights and
remedies of the Bank with respect to the assignment and security interest
granted hereby are more fully set forth in the Security Agreement.
In WITNESS WHEREOF, the parties hereto have executed this Trademark
Assignment under seal as of on the date first above written.
Dated: Boston, Massachusetts NUCLEAR METALS, INC.
September 26, 1995
Witness: By: /S/ XXXXX X. XXXXXXX
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Name: Xxxxx X. Xxxxxxx
Title: V. P. Finance
/S/ XXXXX X. XXXXXXXX
--------------------------------
Witness: STATE STREET BANK AND TRUST
COMPANY
By: /S/ XXXXXXX X. XXXXX XX
-------------------------------- -----------------------------------
Name: Xxxxxxx X. Xxxxx XX
Title: Vice President
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss. September 26, 1995
Then personally appeared, before me, the above-named Xxxxx X. Xxxxxxx
the Vice President Finance of Nuclear Metals, Inc. and acknowledged the
foregoing instrument to be the free act and deed of said corporation.
/S/ XXXX-XXX XXXXX
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Notary Public
My Commission Expires: May 24, 2002
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss. September 26, 1995
Then personally appeared, before me, the above-named Xxxxxxx X. Xxxxx XX
the Vice President of State Street Bank and Trust Company and acknowledged
the foregoing instrument to be the free act and deed of said corporation.
/S/ XXXX-XXX XXXXX
-----------------------------------
Notary Public
My Commission Expires: May 24, 2002
SCHEDULE I
TRADEMARK REGISTRATION NUMBER REGISTRATION DATE
BERALCAST-TM- TBD N/A
(application serial
number 74-620,903)
PABOS:AM:222782_1
