DEPOSITS, AT ANY TIME
PAYABLE UNDER SUCH LEASES AND AGREEMENTS;
(19)
ANY EXISTING AND FUTURE LEASES AND USE
AGREEMENTS OF PERSONAL PROPERTY ENTERED INTO BY BORROWER AS LESSEE WITH OTHER
PERSONS AS LESSORS, INCLUDING WITHOUT LIMITATION THE LEASEHOLD INTEREST OF
BORROWER IN SUCH PROPERTY, AND ALL OPTIONS TO PURCHASE SUCH PROPERTY OR TO
EXTEND ANY SUCH LEASE OR AGREEMENT;
(20)
FIXTURES;
(21)
ALL MONEYS OF BORROWER AND ALL BANK ACCOUNTS,
DEPOSIT ACCOUNTS, LOCK BOXES AND OTHER ACCOUNTS IN WHICH SUCH MONEYS MAY AT ANY
TIME BE ON DEPOSIT OR HELD AND ALL INVESTMENTS OR SECURITIES IN WHICH SUCH
MONEYS MAY AT ANY TIME BE INVESTED AND ALL CERTIFICATES, INSTRUMENTS AND
DOCUMENTS FROM TIME TO TIME REPRESENTING OR EVIDENCING ANY OF THE SAME;
(22)
ALL CLAIMS OF BORROWER IN ANY PENDING LITIGATION
AND/OR CLAIMS FOR ANY INSURANCE PROCEEDS;
(D)
ALL RECORDS PERTAINING TO ANY OF THE
COLLATERAL;
(E)
ANY AND ALL OTHER ASSETS OF ANY BORROWER
PARTY OF ANY KIND, NATURE, OR DESCRIPTION AND WHICH ARE INTENDED TO SERVE AS
COLLATERAL FOR THE LOANS UNDER ANY ONE OR MORE OF THE SECURITY DOCUMENTS; AND
(F)
ALL INTEREST, DIVIDENDS, PROCEEDS, PRODUCTS,
RENTS, ROYALTIES, ISSUES AND PROFITS OF ANY OF THE PROPERTY DESCRIBED ABOVE,
INCLUDING, WITHOUT LIMITATION, ALL MONIES DUE AND
5
TO BECOME DUE WITH RESPECT TO SUCH PROPERTY, TOGETHER WITH ALL RIGHT TO RECEIVE
THE SAME, AND ALL NOTES, CERTIFICATES OF DEPOSIT, CHECKS AND OTHER INSTRUMENTS
AND PROPERTY FROM TIME TO TIME DELIVERED TO OR OTHERWISE POSSESSED BY BANK FOR
OR ON BEHALF OF BORROWER PARTY IN SUBSTITUTION FOR OR IN ADDITION TO ANY OF SAID
PROPERTY.
"COLLATERAL REPORT" MEANS A FULLY COMPLETED AND DULY EXECUTED COLLATERAL REPORT
AND BORROWING BASE CERTIFICATE DELIVERED BY BORROWERS TO BANK AND IN THE FORM
ATTACHED HERETO AS EXHIBIT "A".
"COMMITMENT FEE" MEANS A FEE TO BE PAID BY BORROWERS TO BANK AT OR PRIOR TO THE
CLOSING, IN THE AMOUNT OF $10,000.00.
"COMPLIANCE CERTIFICATE" MEANS A FULLY COMPLETED AND DULY EXECUTED CERTIFICATE
DELIVERED BY BORROWERS TO BANK AND IN THE FORM ATTACHED HERETO AS EXHIBIT "B".
"Consolidated Basis" means the consolidation of the assets, liabilities, income
and losses, as applicable, of (i) Borrowers, and (ii) KMEX, provided that the
assets, liabilities, income and losses of KMEX shall be excluded from the
definition of "Consolidated Basis" at such time as consolidating statements
become available for KMEX and (i) the gross revenues of KMEX arising from sales
to any Person other than Borrowers for the trailing twelve (12) months exceeds
$2,000,000.00 or (ii) the Equity Owner's Equity, as reflected on KMEX's balance
sheet, is more than $5,000,000.00.
It is acknowledged that consolidating
statements for KMEX are not expected to be available in the reasonably
foreseeable future, but that such consolidating statements are expected to be
available for the period ended July 31, 2008 not later than forty-five (45) days
after the end of such period.
"CURRENT MATURITIES OF LONG-TERM INDEBTEDNESS" MEANS ALL PAYMENTS IN RESPECT OF
LONG-TERM INDEBTEDNESS THAT ARE REQUIRED TO BE MADE WITHIN