Saturday, Sunday, or other day on
which banks in the State of California are authorized or required by law to
close.
"Collateral" means:
(A)
ALL PRESENT AND FUTURE ACCOUNTS, GENERAL INTANGIBLES AND OTHER RIGHTS
OF THE GRANTORS TO THE PAYMENT OF MONEY NO MATTER HOW EVIDENCED, ALL CHATTEL
PAPER, INSTRUMENTS AND OTHER WRITINGS EVIDENCING ANY SUCH RIGHT, AND ALL GOODS
REPOSSESSED OR RETURNED IN CONNECTION THEREWITH;
(B)
ALL INVENTORY OF GRANTORS, NOW OWNED OR HEREAFTER ACQUIRED, AND ALL
RAW MATERIALS, WORK IN PROCESS, MATERIALS USED OR CONSUMED IN GRANTORS'
BUSINESSES AND FINISHED GOODS, TOGETHER WITH ALL ADDITIONS AND ACCESSIONS
THERETO AND REPLACEMENTS THEREFOR, AND PRODUCTS THEREOF;
(C)
ALL PATENTS AND PATENT APPLICATIONS OF GRANTORS AND ALL RIGHTS
CORRESPONDING THERETO THROUGHOUT THE WORLD, AND ALL UNPATENTED OR UNPATENTABLE
DEVELOPMENTS AND INVENTIONS AND ALL LICENSE FEES, ROYALTIES AND OTHER SIMILAR
ITEMS RECEIVED IN CONNECTION THEREWITH;
(D)
ALL TRADEMARKS, SERVICE MARKS AND LOGOS OF GRANTORS, AND ALL UNITED
STATES, STATE AND/OR FOREIGN APPLICATIONS FOR REGISTRATION THEREOF, ALL TRADE
NAMES, TRADE STYLES, DESIGNS, AND THE LIKE, ALL ELEMENTS OF PACKAGE OR TRADE
DRESS OF GOODS, THE GOODWILL OF GRANTORS' BUSINESSES CONNECTED WITH THE USE OF,
AND SYMBOLIZED BY ANY OF THE ABOVE, AND ALL PROPERTY OF GRANTORS NECESSARY TO
PRODUCE ANY PRODUCTS SOLD UNDER ANY OF THE ABOVE;
(E)
ALL COPYRIGHTS AND COPYRIGHTED WORKS IN WHICH ANY GRANTOR HAS ANY
RIGHT, TITLE, OR INTEREST THROUGHOUT THE WORLD, ALL DERIVATIVE WORKS THEREOF,
ALL COPYRIGHT REGISTRATIONS AND ALL APPLICATIONS THEREFOR, AND UNITED STATES
AND/OR FOREIGN APPLICATIONS FOR REGISTRATION AND REGISTRATIONS THEREOF, AND ALL
ACCOUNTS, ACCOUNTS RECEIVABLE AND CONTRACTS RECEIVABLE GENERATED BY SUCH
COPYRIGHTS;
2
(F)
ALL COMPUTER SOFTWARE PROGRAMS DEVELOPED OR TO BE DEVELOPED BY ANY
GRANTOR OR IN WHICH ANY GRANTOR ASSERTS OR COULD ASSERT A PROPRIETARY INTEREST;
ALL PERSONAL PROPERTY, INCLUDING BUT NOT LIMITED TO SOURCE CODES, OBJECT CODES
OR SIMILAR INFORMATION, WHICH IS NECESSARY TO THE PRACTICAL UTILIZATION OF SUCH
PROGRAMS; AND ALL TANGIBLE PROPERTY OF GRANTORS EMBODYING OR INCORPORATING ANY
SUCH PROGRAMS;
(G)
ALL TRADE SECRETS, PROPRIETARY INFORMATION, CUSTOMER LISTS,
INSTRUCTIONAL MATERIALS, WORKING DRAWINGS, MANUFACTURING TECHNIQUES, PROCESS
TECHNOLOGY DOCUMENTATION, AND PRODUCT FORMULATIONS OF GRANTORS AND ALL PROPERTY
AND ASSETS OF GRANTORS, WHETHER TANGIBLE OR INTANGIBLE, WHICH ARE OR A PERSON
MAY DEEM TO BE INTELLECTUAL PROPERTY OF GRANTORS;
(H)
ALL RIGHTS UNDER ANY AGREEMENT GRANTING ANY RIGHT TO USE ANY PATENT,
TRADEMARK, COPYRIGHT, COMPUTER SOFTWARE PROGRAM OR ANY OTHER PROPERTY OR RIGHT
TO PROPERTY SPECIFIED IN PARAGRAPHS (C) THROUGH (G) ABOVE, WHETHER A GRANTOR IS
THE GRANTOR OR THE GRANTEE UNDER SUCH AGREEMENT;
(I)
ALL RENEWALS, MODIFICATIONS, AMENDMENTS, RE-ISSUES, DIVISIONS,
CONTINUATIONS IN WHOLE OR PART, AND EXTENSIONS OF ANY PROPERTY IDENTIFIED IN
PARAGRAPHS (C) THROUGH (G) ABOVE;
(J)
ALL NOW EXISTING AND HEREAFTER ACQUIRED BOOKS AND RECORDS RELATING TO
THE FOREGOING PROPERTY IDENTIFIED IN PARAGRAPHS (A) THROUGH (I) ABOVE AND ALL
EQUIPMENT CONTAINING SUCH BOOKS AND RECORDS;
(K)
ALL PROCEEDS OF THE FOREGOING PROPERTY IDENTIFIED IN PARAGRAPHS
(A) THROUGH (J) ABOVE; AND
(L)
ANY AND ALL CLAIMS, RIGHTS AND INTERESTS IN