Laserfiche WebLink
<br />the estate of any of them, whether under Chapter 11 of the <br />Bankruptcy Code or any subsequent Chapter 7 case and the: successor <br />of any of them upon conclusion of their respective Chapter 11 <br />cases), jointly and severally, individually and collectively. All <br />references to the term "Lender' and the term "Borrower" wherever <br />used herein shall be deemed to include their respective successors <br />and assigns (including as to Borrower, any trustee or other <br />fiduciary hereafter appointed as a legal representative for it or <br />with respect to property of its estate, whether under Chapter 11 of <br />the Bankruptcy Code or any subsequent Chapter 7 case anti any <br />successor upon conclusion of its Chapter 11 case). <br />(c) 'Affiliate' shall mean, with respect to +i specified <br />Person, any other Person (i) who, directly or indirectl;r, through <br />one or more intermediaries, controls or is controlled by or is <br />under common control with such Person, or (ii) who is a director, <br />officer, shareholder or emi.ioyee of such Person. <br />(d) "Bankruptcy Code' shall mean the United .States <br />Bankruptcy Code, being Title 11 of the United States Code as <br />enacted in 1978 as the same may have heretofore been or may <br />hereafter be amended, recodified, modified or supplemented, <br />together with all rules, regulations and interpretations <br />thereunder or related thereto. <br />(e) 'Chapter 11 Cases" shall mean, individually and <br />collectively, the Chapter li cases of Guarantors under the <br />Bankruptcy Code referred to as In re CF&I Steel Corporation, et <br />al., Chapter 11 jointly administered under case nos. 90B-6721 <br />through 90B-6730 currently pending in the United States Bankruptcy <br />Court for the District of Utah, Central District. <br />(f) 'Collateral' shall mean all of the now owned and <br />hereafter acquired personal property of Guarantors, wherever <br />located, of every kind and description, tangible or intangible, <br />other than equipment, including, but not limited to: <br />(i) all present and future: (A) accounts, <br />contract rights, general intangibles, chattel paper, documents and <br />instruments (collectively, 'Accounts'), including, without <br />limitation, all obliq~tions for the payment of money arising out of <br />the sale, lease or other disposition of goods or other property or <br />rendition of services; (B) all monies, securities and other <br />property and the proceeds thereof, now or hereafter held or <br />received by, or in transit to, Lender or any participant from or <br />for Guarantors, whether for safekeeping, pledge, custody, <br />transmission, collection or otherwise, and all of Guarantors' <br />deposits (general or special), balances, sums and credits with <br />Lender or any participant at any time existing; (C) a1:L of <br />Guarantors' right, title and interest, and all oP Guarantors' <br />rights, remedies, security and liens, in, to and in respect of the <br />Accounts and other collateral, including, without limitation, <br />rights of stoppage in transit, replevin, repossession +ind <br />r <br />- 2 - <br />