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GENERAL44265
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Last modified
8/24/2016 8:13:02 PM
Creation date
11/23/2007 12:56:37 PM
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Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Name
COVENANT SUPPLEMETN TO ACCOUNTS FINANCING AGREEMENT SECURITY AGREEMENT
Media Type
D
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i~. <br />time to time solely by Congress in its exclusive reasonable <br />judgment. In determining eligibility, Congress may, but need not, <br />rely on agings, reports and schedules of Accounts furnished by <br />Borrower, but reliance by Congress thereon from time to time shall <br />not be deemed to limit Congress' right to revise standards of <br />eligibility at any time as to both present and future Accounts. <br />In general, an Account shall not be deemed eligible unless: <br />(a) the Account Debtor on such Account is and at all time <br />continues to be acceptable to Congress, (b) such Account complies <br />in all respects with the representations, covenants and warranties <br />set forth herein and in the Accounts Agreement, and (c) no more <br />than sixty (60) days have elapsed since the due date of such <br />Account but in no event more than one hundred twenty (120) days <br />from the invoice date thereof. <br />1.9 "Event of Default" shall have the meaning set forth in <br />Section 4 of this Covenant Supplement. <br />1.10 "Financing Order" shall mean the Interim Order <br />Authorizing Financing, Granting Senior Liens and Super Priority <br />Administrative Expense, Modifying Automatic Stay and Authorizing <br />Debtors to Enter Into and Assume Agreements with Congress <br />Financial Corporation (Western) of the United States Bankruptcy <br />Court for the District of Utah dated November _, 1990 in the <br />Chapter it Case and such further interim, permanent and/or <br />supplemental orders relating thereto or authorizing the granting <br />of credit by Congress to Borrower pursuant to Section 364 of the <br />Bankruptcy Code, each in form and substance satisfactory to <br />Congress. <br />1.11 "Guarantors" shall mean, individually and collectively, <br />Pueblo Railroad Service Company, a Colorado corporation, Colorado <br />& Utah Land Company, a Delaware corporation, Kansas Metals <br />Company, a Delaware corporation, Albuquerque Metals Company, a <br />Delaware corporation, Denver Metals Corporation, a Delaware <br />corporation, Pueblo Metals Company, a Delaware corporation, CFiI <br />Fabricators of Utah, Inc., a Colorado corporation and CF&Z <br />Fabricators of Colorado, Inc., a Colorado corporation, each as <br />Debtor and Debtor-in-Possession and their respective successors <br />and assigns (including any trustee or other fiduciary hereafter <br />appointed as a legal representative of any of such corporations or <br />with respect to the property of the estate of any of them, whether <br />under Chapter 11 of the Bankruptcy Code or any subsequent Chapter <br />7 case or cases and the successor of any of them upon conclusion <br />of their respective Chapter 11 cases). <br />1.12 "GAAP' shall mean generally accepted accounting <br />principles as in effect on the date hereof consistently applied. <br />1.13 'Indebtedness" shall mean, as to any Person, all items <br />which, in accordance with GAAP, would be included in determining <br />total liabilities shown on the liability side of its balance sheet <br />as at the date such indebtedness is to be calculated and, in any <br />-3- <br />
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