HomeMy WebLinkAbout01-1751 PARTIES
The American Outfitters, Inc.
5202 Business 220
RD #2, Box 91
Bedford, PA 15522
COMMONWEALTH OF PENNSYLVANIA - UCC1
FINANCING STATEMENT
Uniform Commercial Code Form UCC-1
Debtor name {last name hrst if individual) and reading address:
Debtor name (last name first if iodw~dual) and mailing address:
Secured Party(its} name(s) (last name hrst If mdwldual) and address
for security interest intormat~on:
General Electric Capital Corporation
83 Wooster Heights Road
Danbury, CT 06810
Assignee(a} ct Secured Party name(s) (last name brat it indw~dual) and
address tar securiiy interest intormatJon:
Filing No. {stamped by hlmg officer): 0ale, Time, Filing Office (stamped by hbng officer):
/7%{
T~is Financing S~nt ~s pr~t~ for~ing pur~ant to ~e Uniform Commercial Code,
la a,d is to be fil~ ~ffi ~e (ch~k applicable box):
~ S~r~w of ~e Commonw~lffi.
~ Prothono~qof Cu~erland Count.
~ r~l e~te r~ords of Count.
lb NumberofAdditionalS~ets(da~): %
0ptbnal Sp~ml Ide~alMn (M~ 10 characters):
COL~TERAL
I~entity coliateral by ~tem an~r ~:
2
Special Types nt ?athos (check if appl~cabre):
r'lThe te~ns'Debtor' and 'Secured par~y' mean 'Lessee' and 'Lessor.'
liThe terns 'Debtor' and 'Secured Pady' mean 'Consigeee' and
'Consignor.' ;especDvaJy.
t-I Debtor is a Transnf~Ing UDr~.
SECURITY PARTY SIGNATURE{S)
INs statement is filed with only the Secured Party's signalure to pedect
a nacurity intarest te co~l{~teral (check applicable box(es))-
a. i-lacduired after a change of name, iden6ty or corporat~ structure of
the
b. [] as m which the tiff ng has lapsed.
c. already ~ubject to a socudtyin~t in anotha~ conntyin Pmn~vania-
liwha, the c~llateral was mo~d to ~s oount~
liw~ the O~atar'e re~dsoce or place of business was moved to
this count~
d. already su~ect to a s~cudtyinte~est in another jubsdic~on- I'1 v/nan the coqateral was moved to Pennsylvania.
[] when ~e Debtor's IocalJon was moved to Pennsylvania.
e. I-I which is proceeds of the cobata'al de~cribeq in block 9, in which a
securityintefes[ was previon~y peHsoteq (also de, cd be proceeds in
block 9. if purchased wit~ cash proceeds and not adequately
described on the original financing st3tement)
Secured Party Signature(s)
{required or~iy if box{es) is checked above):
[] (cbsok only if desire) Products of ~a coll~taral ara also corm'ed.
Ideellfy feinted r~BI ~sl~l~, if ~p~ic~: Tha cofl~er~l is, or includes (ch~ck ~ppr~d~ ~x(es))-
~. ~ crops gm~ng or ~o ha grow~ o~ -
b. ~ goods which are or are to b~ome fi~r~ on -
c. ~ min~a~s or ~e like (including od and gas ) as ~act~ on ~
d. ~ accoun~ r~lfing from ~e ~le of minerals or ~e like (including oil and gas) at ~e walh~d or
3
· e folloMng ral ~te:
S~ Addr~:
~Hb~a~B~k~ of(ch~k0ne) ~s ~ M~ag~,atPage(s)
for C~n~. Uniform Parca ld~fifl~
~ D~Hb~ on Addi~onal Sh~.
Name M record ow~r (required ~ly if no De~ has an In, mst of recm~:
DEBTOR SIGNATURE{S)
Debtor $1g nature{s):
C7~
lb
RETURN RECEIPT TO:
CT Corporation System
UCC Division
17 South HiEh St. # ] JO0
Columbus OH 43215
1
4 1:
SCHEDULE A TO UCC FINANCING STATEMENT
Secured Party:
General Electric Capital Corporation
83 Wooster Heights Road
Danbury, CT 06810
Debtor:
The American Outfitters, Inc.
5202 Business 220
RD #2, Box 91
Bedford, PA 15522
The Financing Statement covers the following types or items of property:
All of Debtor's property and assets, whether real or personal, tangible or intangible, and whether
now owned or hereafter acquired, or in which it now has or at any time in the future may acquire
any fight, title, or interest, including, all of the following property in which it now has or at any
time in the future may acquire any right, title or interest: all Accounts; all Deposit Accounts,
bank accounts and all funds on deposit therein; all cash and cash equivalents; all Investment
Property; all Stock; all Inventory and Equipment; all Goods; all Chattel Paper, Documents and
Instruments; all Books and Records; all General Intangibles (including all Intellectual Property,
contract rights, and choses in action); all letters of credit, all Letter of Credit Rights; all
Supporting Obligations, and to the extent not otherwise included, all Proceeds and products of all
and any of the foregoing and all collateral security and guarantees given by any Person with
respect to any of the foregoing, but excluding in all events Hazardous Waste (all of the
foregoing, together with any other collateral pledged to the Secured Party pursuant to any other
Loan Document, collectively, the "Collateral").
As used in this Financing Statement, the following terms shall have the following meanings:
"Accounts" shall mean all "accounts," as such term is defined in the Code, now owned or
hereafter acquired by any Person, including: (i) all accounts receivable, other receivables, book
debts and other forms of obligations (other than forms of obligations evidenced by Chattel Paper,
Documents or Instruments), whether arising out of goods sold or services rendered or from any
other transaction (including any such obligations which may be characterized as an account or
contract right under the Code); (ii) all of such Person's rights in, to and under all purchase orders
or receipts for goods or services; (iii) all of such Person's rights to any goods represented by any
of the foregoing (including unpaid sellers' rights of rescission, replevin, reclamation and
stoppage in transit and rights to returned, reclaimed or repossessed goods); (iv) all moneys due or
to become due to such Person under all purchase orders and contracts for the sale of goods or the
performance of services or both by such Person or in connection with any other transaction
(whether or not yet earned by performance on the part of such Person), including the right to
receive the proceeds of said purchase orders and contracts; and (v) all collateral security and
guarantees of any kind given by any other Person with respect to any of the foregoing.
Doc.#411896 v.0411896
person acting under color of governmental authority); (iii) any claim of Debtor or any other
Credit Party against third parties (a) for past, present or future infringement of any Intellectual
Property or (b)for past, present or future infringement or dilution of any Trademark or
Trademark License or for injury to the goodwill associated with any Trademark, Trademark
registration or Trademark licensed under any Trademark License; (iv) any recoveries by Debtor
or any other Credit Party against third parties with respect to any litigation or dispute concerning
any Collateral; and (v) any and all other amounts from time to time paid or payable under or in
connection with any Collateral, upon disposition or otherwise.
"Stock" shall mean all certificated and uncertificated shares, options, warrants, general or limited
partnership interests, participation or other equivalents (regardless of how designated) of or in a
corporation, partnership, limited liability company or equivalent entity whether voting or
nonvoting, including common stock, preferred stock, or any other "equity security" (as such term
is defined in Rule 3al 1-1 of the General Rules and Regulations promulgated by the Securities
and Exchange Commission under the Securities Exchange Act of 1934).
"Supporting Obligations" shall mean all "supporting obligations," as such term is defined in the
Code, now or hereafter acquired by Debtor.
"Trademark License" shall mean rights under any written agreement now owned or hereafter
acquired by any Person granting any right to use any Trademark or Trademark registration.
"Trademarks" shall mean all of the following now owned or hereafter acquired by any Person:
(i) all trademarks, trade names, corporate names, business names, trade styles, service marks,
logos, other source or business identifiers, prints and labels on which any of the foregoing have
appeared or appear, designs and general intangibles of like nature, now existing or hereafter
adopted or acquired, all registrations and recordings thereof, and all applications in connection
therewith, including all registrations, recordings and applications in the United States Patent and
Trademark Office or in any similar office or agency of the United States, any State or Territory
thereof, or any other country or any political subdivision thereof, (ii) all reissues, extensions or
renewals thereof, and (iii) and all goodwill associated with or symbolized by any of the
foregoing.
A copy of the Loan and Security Agreement among Debtor, Secured Party and the other parties
thereto is on file with the Secured Party.
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