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HomeMy WebLinkAbout01-1169 PARTIES De0?,' name (last name hrst if ifldlvldual) and malllag address: Sid Harvey Industries, Inc. 605 Locust Street Garden City, NY 11530 Debtor name (last name first if individual) and mailing address: Debtor name (last name first if individual) and mailing address: Secured PaOy(ies) name (last name fimt iflndivMual) and address br securdy interest in~rmation: Wells Fargo Business Credit, Inc. 119 West 40th Street New York, NY 10018 Assignee(s) of Secured Pady name (last name first if individual) and address for security interest intormation: FINANCING STATEMENT Uniform Commercial Code Form UCC-1 IMPORTANT - Please read instructions on reverse side of page 4 before completing Filing No (stamped by filing officer): Date, Time, Filing Office (stamped by fi4ing officer) Th~s F~nancmg Statement ~s presented for fflmg pursuant to the Umform Commercial Co(~e, and rs to be filed with the (check applicable box): · Secretary of the Commonwea[t~ X Prothonotaryof Cumberland County Prothonotary County. [; real estate Records of _ County 6 Number of Additional Sheets (if any): 3 COLLATERAL Identify collateral by item and/or type: Debtor hereby grants to Secured Party a security interest in all Inventory, Equipment, General Intangibles, Receivables and Investment Property, as such terms are defined, and all other property and interests in property described, in Exhibit A attached hereto and made a part hereof and all proceeds thereof. Special Types of Padies (check if applicable); [1 The terms "Debtor" and "Secured Pady" mean "Lessee" and "Lessor," respectively, L ' The terms "Debtor" and "Secured Pady" mean "Consignee" and "Consignor," respectively. i! Debtor is a Transmitting Utility. SECURED PARTY SIGNATURE(S) This statement is tiled with only the Secured Party's signature to perfect a security interest in corlateral (check applicaffie box(es))- a. LJ acquiredafterachangeofname, identity or corporate structure of the Debtor b. q as to which the filing has lapsed c. arready subject to a security interest in another county i~1 Pennsylvania ~ when the collateral was moved to this county, .] when the Debtor's residence or place of business was moved to this county d, already subject to a security ~nterest in another jurisdiction - j when the collateral was moved to Pennsylvania I I when the Debtor's location was moved to Pennsylvania. e.F] which is proceeds of the collateral described in block 9, in which a security interest was previously perfected (also describe proceeds in block 9, if purcbased with cash proceeds and not adequately described on the original financing statement) 28 Lq, (check only if desired) Products of the coJlateral are also covered. Identify related real estate, if applicable The collateral is, or includes (check appropriate box(es)) -- a.~ crops growing or to be grown on - b .j goodswhicbareoraretobecomefixtureon- c.( minerals or the like (including oil and gas) as extracted On - dl] accounts resulting from the sale of minerals or the like (including ctl and gas) at the wellhead or minehead on - 9 the following real estate: Street Address: Describe at: ~ook _ of (check one)LJ Deeds [ Modgages, at Page(s) for .... County Uniform Parcel identifier ~ Described on Addifional Sheet Name of record owner (required only if no Debtor has an interest of record): 10 DEBTOR SIGNATURE(S) Debtor Signature(s): Sid Harvey/~Cc~t~es, Inc. lb 11 RETURN RECEIPT TO: RETURN TO: L~8® DOCUMENT SERVICES lj~5 J~e, rk Avenue New York, New York 10017 300-Approved by Sec[etary of C0mmonweaRh of Penosylvanla NOTE - This page will not be retuCn~d by the Departm~fnt of State. 12 EXHIBIT A Name and Address of Debtor: Sid Harvey Industries, Inc. 605 Locust Street Garden City, NY 11530 Name and Address of Secured Party: Wells Fargo Business Credit, Inc. 119 West 40th Street New York, NY 10018 DESCRIPTION OF COLLATERAL This Financing Statement covers each of the following kinds and types of property (collectively, the "Collateral") whether now owned or existing or hereafter created, acquired or arising and wheresoever located: (a) Inventory. All of the Debtor's now owned or hereafter acquired goods, memhandise and other personal property, wherever located, to be furnished under any contract of service or held for sale or lease, all raw materials, work in process, finished goods and materials and supplies of any kind, nature or description which are or might be used or consumed in the Debtor's business or used in selling or furnishing such goods, merchandise and other personal property, and all documents of title or other documents representing them; (b) Equipment. All of the Debtor's now owned or hereafter acquired equipment, machinery and goods (excluding Inventory), whether or not constituting fixtures, including, without limitation: plant and office equipment, tools, dies, parts, data processing equipment, furniture and trade fixtures, trucks, trailers, loaders and other vehicles and all replacements and substitutions therefore and all accessions thereto; (c) General Intangibles. All of the Debtor's now owned or hereafter acquired general intangibles including, without limitation, trademarks, tradenames, tradestyles, trademark applications, trade secrets, equipment formulation, manufacturing procedures, quality control procedures, product specifications, patents, patent applications, copyrights, registrations, contract rights, choses in action, causes of action, corporate or other business records, inventions, designs, goodwill, claims under guarantees, licenses, franchises, tax refunds, tax refund claims, computer programs, computer data bases, computer program flow diagrams, source codes, object codes and all other intangible property of every kind and nature; DSN:[13555.1 I (d) Receivables. Each and every right of the Debtor to the payment of money, whether such right to payment now exists or hereafter arises, whether such right to payment arises out of a sale, lease or other disposition of goods or other property, out of a rendering o£ services, out ora loan, out of the overpayment of taxes or other liabilities, or otherwise arises under any contract or agreement, whether such right to payment is created, generated or earned by the Debtor or by some other person who subsequently transfers such person's interest to the Debtor, whether such right to payment is or is not already earned by performance, and howsoever such right to payment may be evidenced, together with all other rights and interests (including all liens) which the Debtor may at any time have by law or agreement against any account debtor or other obligor obligated to make any such payment or against any property of such account debtor or other obligor; all including but not limited to all present and future accounts, contract rights, loans and obligations receivable, chattel papers, bonds, notes and other debt instnlments, tax refunds and rights to payment in the nature of general intangibles; (e) Investment Property. means all of the Debtor's investment property as such term is defined in the UCC. (f) all books, records, ledgercards, files, correspondence, computer programs, tapes, disks and related data processing software (owned by the Debtor or in which such the Debtor has an interest) which al: any time evidence or contain information relating to Inventory, Equipment, General Intangibles, Receivables and/or Investment Property or are otherwise necessary or helpful in the collection thereof or realization thereupon; (g) documents of title, policies and certificates of insurance, sect~rities, chattel paper, other documents or instruments evidencing or pertaining to Inventory, Equipment, General Intangibles, Receivables, Investment Property and/or the property refen'ed to in (f) above; (h) all supporting obligations and guaranties, liens on real or personal property, leases, and other agreements and property which in any way secure or relate to Inventory, Equipment, General Intangibles, Receivables, Investment Property and/or the property referred to in (f) and (g) above, or are acquired for the purpose of securing and enforcing any item thereof; (i) (i) all cash held as cash collateral, all other cash or property at any time on deposit with or held by the Secured Party for the account of the Debtor (whether for safekeeping, custody, pledge, transmission or otherwise), (ii) all present or future deposit accom~ts (whether time or demand or interest or non-interest bearing) of the Debtor with the Secured Party or any other person including those to which any such cash may at any time and from time to time be credited, (iii) all payment intangibles, (iv) all letter of credit obligations, (v) all investments and reinvestments (however evidenced) of amounts from time to time credited to such accounts, (vi) all interest, dividends, distributions and other proceeds payable on or with respect to (x) such iiqvestments and reinvestments and (y) such accounts; and DSN:113555.1 2 (j) all products and proceeds of the above (including, but not limited to, all claims to items referred to above) and all claims of the Debtor against third parties (x) for (i) loss of, damage to, or destruction of, and (ii) payments due or to become due under leases, rentals and hires of any or all of the above and (y) proceeds payable under, or unearned premimns with respect to policies of insurance in whatever form. Terms used herein and not otherwise defined have the meanings assigned thereto in the Uniform Commercial Code in effect from time to time in the State of New York. Capitalized terms used herein and not otherwise defined have the meanings assigned to them in the Credit and Security Agreement among SID HARVEY INDUSTRIES, INC. AND WELLS FARGO BUSINESS CREDIT~ INC. DSN: 113555.1 3