INCLUDING JANUARY 31, 2007, THE INVENTORY SUBLIMIT
SHALL MEAN $24,000,000."
(P)
"PERMANENT FINANCING ORDER" SHALL HAVE THE MEANING SET FORTH IN
SECTION 9.9 HEREOF.
(Q)
"PETITION DATE" SHALL MEAN THE DATE OF THE COMMENCEMENT OF THE
CHAPTER 11 CASES.
(R)
"POST-PETITION COLLATERAL" SHALL MEAN, COLLECTIVELY, ALL NOW
EXISTING AND HEREAFTER ACQUIRED REAL AND PERSONAL PROPERTY OF EACH DEBTOR'S
ESTATE, WHERESOEVER LOCATED, OF ANY KIND, NATURE OR DESCRIPTION, INCLUDING ANY
SUCH PROPERTY IN WHICH A LIEN IS GRANTED TO LENDER PURSUANT TO THE FINANCING
AGREEMENTS, THE FINANCING ORDER OR ANY OTHER ORDER ENTERED OR ISSUED BY THE
BANKRUPTCY COURT, AND SHALL INCLUDE, WITHOUT LIMITATION:
(I)
ALL OF THE PRE-PETITION COLLATERAL;
(II)
ALL ACCOUNTS;
(III)
ALL GENERAL INTANGIBLES, INCLUDING, WITHOUT LIMITATION, ALL
INTELLECTUAL PROPERTY;
(IV)
ALL GOODS, INCLUDING, WITHOUT LIMITATION, ALL INVENTORY AND ALL
EQUIPMENT;
(V)
ALL REAL PROPERTY AND FIXTURES;
(VI)
ALL CHATTEL PAPER, INCLUDING, WITHOUT LIMITATION, ALL TANGIBLE AND
ELECTRONIC CHATTEL PAPER;
(VII)
ALL INSTRUMENTS, INCLUDING, WITHOUT LIMITATION, ALL PROMISSORY
NOTES;
(VIII)
ALL DOCUMENTS;
(IX)
ALL DEPOSIT ACCOUNTS;
4
(X)
ALL LETTERS OF CREDIT, BANKER'S ACCEPTANCES AND SIMILAR
INSTRUMENTS AND INCLUDING ALL LETTER-OF-CREDIT RIGHTS;
(XI)
ALL SUPPORTING OBLIGATIONS AND ALL PRESENT AND FUTURE LIENS,
SECURITY INTERESTS, RIGHTS, REMEDIES, TITLE AND INTEREST IN, TO AND IN RESPECT
OF RECEIVABLES AND OTHER COLLATERAL, INCLUDING, WITHOUT LIMITATION, (A) RIGHTS
AND REMEDIES UNDER OR RELATING TO GUARANTIES, CONTRACTS OF SURETYSHIP, LETTERS
OF CREDIT AND CREDIT AND OTHER INSURANCE RELATED TO THE COLLATERAL, (B) RIGHTS
OF STOPPAGE IN TRANSIT, REPLEVIN, REPOSSESSION, RECLAMATION AND OTHER RIGHTS AND
REMEDIES OF AN UNPAID VENDOR, LIENOR OR SECURED PARTY, (C) GOODS DESCRIBED IN
INVOICES, DOCUMENTS, CONTRACTS OR INSTRUMENTS WITH RESPECT TO, OR OTHERWISE
REPRESENTING OR EVIDENCING, RECEIVABLES OR OTHER COLLATERAL, INCLUDING RETURNED,
REPOSSESSED AND RECLAIMED GOODS, AND (D) DEPOSITS BY AND PROPERTY OF ACCOUNT
DEBTORS OR OTHER PERSONS SECURING THE OBLIGATIONS OF ACCOUNT DEBTORS;
(XII)
ALL (A) INVESTMENT PROPERTY (INCLUDING SECURITIES, WHETHER
CERTIFICATED OR UNCERTIFICATED, SECURITIES ACCOUNTS, SECURITY ENTITLEMENTS,
COMMODITY CONTRACTS OR COMMODITY ACCOUNTS) AND (B) MONIES, CREDIT BALANCES,
DEPOSITS AND OTHER PROPERTY OF BORROWER AND GUARANTORS NOW OR HEREAFTER HELD OR
RECEIVED BY OR IN TRANSIT TO LENDER OR ITS AFFILIATES OR AT ANY OTHER DEPOSITORY
OR OTHER INSTITUTION FROM OR FOR THE ACCOUNT OF BORROWER OR GUARANTORS, WHETHER
FOR SAFEKEEPING, PLEDGE, CUSTODY, TRANSMISSION, COLLECTION OR OTHERWISE;
(XIII)
ALL COMMERCIAL TORT CLAIMS;
(XIV)
TO THE EXTENT NOT OTHERWISE DESCRIBED ABOVE, ALL RECEIVABLES;
(XV)
ALL CLAIMS, RIGHTS, INTERESTS, ASSETS AND PROPERTIES (RECOVERED BY
OR ON BEHALF OF EACH BORROWER AND GUARANTOR OR ANY TRUSTEE OF SUCH BORROWER OR
GUARANTOR (WHETHER IN THE CHAPTER 11 CASES OR ANY SUBSEQUENT CASE TO WHICH ANY
OF THE CHAPTER 11 CASES IS CONVERTED), INCLUDING, WITHOUT LIMITATION, ALL
PROPERTY RECOVERED AS A RESULT OF TRANSFERS OR OBLIGATIONS AVOIDED OR ACTIONS
MAINTAINED OR TAKEN PURSUANT TO SECTIONS 544, 545, 547, 548, 549, 550, 551 AND
553 OF THE BANKRUPTCY CODE;
(XVI)
ALL RECORDS; AND
(XVII)
ALL PRODUCTS AND PROCEEDS OF THE FOREGOING, IN ANY FORM, INCLUDING
INSURANCE PROCEEDS AND ALL CLAIMS AGAINST THIRD PARTIES