or appear or shall appear; (v) all
registrations and applications that have been or shall be made or filed in the
Canadian Intellectual Property Office - Trade-marks or any similar office in any
country and all records thereof and all reissues, extensions, or renewals
thereof, and (vi) all goodwill associated with or symbolized by any of the above
and all common law and other rights in the foregoing.
"Trade-mark License Agreement" means the trade-mark licence agreement dated
November 23, 1998 between the Obligor and the Borrower pursuant to which the
Borrower has licensed the Trade-marks to the Obligor.
"Units" means the mobile structures generally constructed of steel or using a
steel frame and undercarriage with an exterior of wood or aluminium owned by the
Obligor used to provide office, classroom, storage, commercial or other space,
whether in single units or physically attached to such other units (and
including in such form, storage containers, mobile offices and modular
structures and related equipment), which structures are capable of being
transported to and assembled on remote sites, and which may be equipped with air
conditioning and heating, electrical outlets, floors, partitions, plumbing,
carpeting, moldings, wall coverings, lighting and other accessories.
"U.S. Security Agreement" has the meaning ascribed thereto in Section 3.2(i).
15
SECTION 1.2
TERMS INCORPORATED BY REFERENCE.
(1)
TERMS DEFINED IN THE PERSONAL PROPERTY SECURITY ACT (ONTARIO) (AS
AMENDED FROM TIME TO TIME, THE "PPSA") AND USED BUT NOT OTHERWISE DEFINED IN
THIS SECURITY AGREEMENT SHALL HAVE THE SAME MEANINGS.
(2)
EXCEPT AS OTHERWISE DEFINED HEREIN, ALL CAPITALIZED TERMS USED
HEREIN AND DEFINED IN THE AMENDED AND RESTATED CREDIT AGREEMENT SHALL BE USED
HEREIN AS THEREIN DEFINED (OR, AT ANY TIME ON OR AFTER THE FIRST DATE WHEN ALL
CREDIT DOCUMENT OBLIGATIONS SHALL HAVE BEEN REPAID IN FULL AND ALL LETTERS OF
CREDIT HAVE BEEN TERMINATED OR CASH COLLATERALIZED IN A MANNER SATISFACTORY TO
THE ADMINISTRATIVE AGENT AND THE TOTAL COMMITMENTS UNDER THE AMENDED AND
RESTATED CREDIT AGREEMENT HAVE BEEN TERMINATED AND THEREAFTER FOR SO LONG AS NO
AMENDED AND RESTATED CREDIT AGREEMENT IS IN EFFECT, THE AMENDED AND RESTATED
CREDIT AGREEMENT AS IN EFFECT ON SUCH DATE IMMEDIATELY PRIOR TO SUCH REPAYMENT
AND TERMINATION, PROVIDED THAT ALL DETERMINATIONS REQUIRED TO BE MADE TO THE
SATISFACTION OF THE ADMINISTRATIVE AGENT AND ALL MATTERS REQUIRED TO BE
ACCEPTABLE TO THE ADMINISTRATIVE AGENT IN EACH CASE AS PROVIDED IN ANY SUCH
DEFINITION SHALL, AFTER SUCH DATE, INSTEAD BE REQUIRED TO BE MADE TO THE
SATISFACTION OF THE COLLATERAL AGENT OR BE REQUIRED TO BE ACCEPTABLE TO THE
COLLATERAL AGENT, AS THE CASE MAY BE).
SECTION 1.3
STATUTES.
Unless specified otherwise, reference in this security agreement to a statute
refers to that statute as it may be amended, or to any restated or successor
legislation of comparable effect.
SECTION 1.4
CERTAIN PHRASES, ETC.
In this security agreement the words "including" and "includes" mean "including
(or includes) without limitation".
SECTION 1.5
GENDER AND NUMBER.
Any reference in this security agreement to gender shall include all