WHICH GIVES OR PURPORTS TO GIVE RISE TO ANY
RECEIVABLE, INCLUDING, BUT NOT LIMITED TO, ALL MERCHANDISE RETURNED OR REJECTED
BY OR REPOSSESSED FROM CUSTOMERS, OR
(II)
SECURING ANY RECEIVABLE,
including, without limitation, all rights as an unpaid vendor or lienor
(including, without limitation, stoppage in transit, replevin and reclamation)
with respect to such goods and other properties;
(F)
ALL MORTGAGES, DEEDS TO SECURE DEBT AND DEEDS OF TRUST ON REAL OR
PERSONAL PROPERTY, GUARANTIES, LEASES, SECURITY AGREEMENTS AND OTHER AGREEMENTS
AND PROPERTY WHICH SECURE OR RELATE TO ANY RECEIVABLE OR OTHER COLLATERAL OR ARE
ACQUIRED FOR THE PURPOSE OF SECURING AND ENFORCING ANY ITEM THEREOF;
6
(G)
ALL DOCUMENTS OF TITLE, INCLUDING BILLS OF LADING AND WAREHOUSE
RECEIPTS POLICIES AND CERTIFICATES OF INSURANCE, SECURITIES, CHATTEL PAPER AND
OTHER DOCUMENTS AND INSTRUMENTS EVIDENCING OR PERTAINING TO ANY AND ALL ITEMS OF
COLLATERAL;
(H)
ALL FILES, CORRESPONDENCE, COMPUTER PROGRAMS, TAPES, DISKS AND
RELATED DATA PROCESSING SOFTWARE WHICH CONTAIN INFORMATION IDENTIFYING OR
PERTAINING TO ANY OF THE COLLATERAL OR ANY ACCOUNT DEBTOR OR SHOWING THE AMOUNTS
THEREOF OR PAYMENTS THEREON OR OTHERWISE NECESSARY OR HELPFUL IN THE REALIZATION
THEREON OR THE COLLECTION THEREOF; AND
(I)
ANY AND ALL PRODUCTS AND CASH AND NON-CASH PROCEEDS OF THE
FOREGOING (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS TO ANY ITEMS REFERRED TO IN
THIS DEFINITION AND ANY CLAIMS AGAINST THIRD PARTIES FOR LOSS OF, DAMAGE TO OR
DESTRUCTION OF ANY OR ALL OF THE COLLATERAL OR FOR PROCEEDS PAYABLE UNDER OR
UNEARNED PREMIUMS WITH RESPECT TO POLICIES OF INSURANCE) IN WHATEVER FORM,
INCLUDING, BUT NOT LIMITED TO, CASH, NEGOTIABLE INSTRUMENTS AND OTHER
INSTRUMENTS FOR THE PAYMENT OF MONEY, CHATTEL PAPER, SECURITY AGREEMENTS AND
OTHER DOCUMENTS.
Commitment means, as to each Lender, the amount set forth opposite such Lender's
name on Annex A hereto (or, from and after the date hereof, the amount last set
forth in the Register, if different), representing such Lender's obligation,
upon and subject to the terms and conditions of this Agreement, to make its
Proportionate Share of Loans and to acquire participations in Letters of Credit.
Commitment Percentage means, as to any Lender at the time of determination, the
result, expressed as a percentage, obtained by dividing such Lender's Commitment
at such time by the Revolving Credit Facility at such time.
Consolidated Subsidiaries means, as to the Borrower, each Subsidiary listed as
such on Schedule 6.1(b), and any additional Subsidiary of the Borrower whose
accounts are at the time in question, in accordance with GAAP and pursuant to
the written consent of the Administrative Agent, which consent may be withheld
in its absolute discretion or conditioned upon, inter alia, the execution and
delivery of guaranties and security documents, consolidated with those of the
Borrower.
Contaminant means any waste, pollutant, hazardous substance, toxic substance,
hazardous waste, special waste, petroleum or petroleum-derived substance or
waste or any constituent of any such substance or waste.
Controlled Disbursement Account means each account maintained by and in the name
of the Borrower with a Disbursing