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HomeMy WebLinkAbout01-2282THIS SPACE F~R USE OF FILING OFFICER Fff lANCING STATEMENT -- POLLOW ~NSTRUCT~O~S C^"EPULLY Thie :imanoing :~tatement ie i~reeelltecl for fi)inS pursuant to the Uniform Commercial Code e.d ~ill re~ain effective, with casein exceptior~, for 5 yearn from date of filing, A. J lAME & TJL, # OF CONTACT AT FILEf~ Ioptional} IR* FJLtNG OFFICE ACCT. #(optional) I C. F ~TURN COPY TO: INane and MaiJing Address) ~Womble Carlyle Sandridge & Rice, PLLC -~ P. O. Drawer 84 Winston-Salem, NC 27102 Attn: Beth Atkinson I, DEL TOR'S EXACT FULL LEGAL NAME * insert onh/one debtor name (la or lb} la ENT~T¥'S NAME ~ CS Towers, LLC Ic. MAIL YG ADDRESS CITY 2.~50 Millennium Way, Suite 300 Enola 2. ADDI~ [ONAL DEBTOR S EXACT FULL LEGAL NAME - insert only one debtor name 12a or 2b) PA USA 17025 Wa~hovia Bank, N.A. P. (r. BOX 31608 crfY STARE [COUNTRY [FOSTALCOOE Charlotte NC USA 28231 See Exhibit A attached hereto, which is incorporated herein by reference. ~NONE [-~ NONE SCS T( ~WERS , LLC U i~ ,~1 ~ ,~- Pa^t ~r^T~ R~COm~$ See Schedule I Attached Hereto for Signature of Debtor 9. Ch~ktoREQOESTSEAMCHCERTtFtCAYEIS) enDebtorle) (el~tJonaU ~A~ D~tore ~O~to~ I ~De~tor 2 (1) FILING OFFICI R COPY,-- NA~ONAL FINANCING STATEMENT (FORM UCC1 ) (TRANS) (REV. 12/18/95) ~e Jat~&, lmc, SCHEDULE I SCS TOWERS, LLC By: FCD~Tower, LLC, its sole manager By: Faison Capital Development, LLC, its sole manager Name: Ti~e: I~/~VlD 8. ~1)1.~ EXHIBIT A All of the following described property, wherever located, whether now existing or hereafter acquked or arising: (a) the Accounts Receivable Collateral; (b) the Inventory Collateral; (c) the Equipment Collateral; (d) the Intangibles Collateral; (e) the Balances Collateral; and (f) all products and/or proceeds of any and all of the foregoing, including, without limitation, insurance proceeds. "Accounts Receivable Collateral" shall mean and include all accounts, insUmments, chattel paper and general intang~les of the debtor arising from the ownership and operation of Towers, including, without limitation, any and all Tower Payments and all rights of the debtor to payment for goods sold or leased, or to be sold or to be leased, or for services rendered or to be rendered, howsoever evidenced or incurred, and together with all returned or repossessed goods and all books, records, computer tapes, programs and ledger books arising therefrom or relating thereto, all whether now owaed or hereafter acquired or arising. "Inventory Collateral" shall mean all invanto~y of debtor arising from the ownership and operation of Towers, whether now owned or hereafter acquired, wherever located, including, without limitation, all goods of debtor held for sale or lease or furnished or to be furnished under contracts of service, all goods held for display or demonstration, goods on lease or consignment, spare parts, repair parts, returned and repossessed goods, all raw materials, work-in-process, finished goods and supplies used or consumed in the business of debtor, together with all documents, documents of title, dock warrants, dock receipts, warehouse receipts, bills of lading or orders for the delivery of all, or any portion, of the foregoing. "Eqinl~ment Collateral" shall mean all equipment and fzxtures of debtor located at the sites of Towers or otherwise used in connection with the ownership and operation of Towers, whether now owned or hereafter acquired, wherever located, including, without limitation, all towers, machinery, furniture, furnishings, leasehold improvements, computer equipment, motor vehicles, forklifts, rolling stock, dies and tools used or useful in the business operations of the debtor including, without limitation, any and all facilities, antennae, dishes, transmitters, receivers, cables, wires, switches, equipment, devices or appurtenances related to or useable in connection with any and all towers. "Intangibles Collateral" shall mean all general intangibles of debtor arising from the ownership and operation of Towers, whether now existing or hereafter acquired or arising, including, without limitation, all copyrights, royalties, tax refunds, rights to tax refunds, trademarks, trade names, service marks, patent and proprietary rights, blueprints, drawings, designs, trade secrets, plans, diagrams, schematics and assembly and display materials relating thereto, all customer lists, all books and records and all computer software and programs. "Balances Collateral" shall mean all property of debtor left with secured pan',] or in secured party's possession, custody or control now or hereafter, all deposit accounts of debtor now or hereafter opened with secured party, all certificates of deposit issued by secured party to debtor, and all drafts, checks and other items deposited in or with secured party by debtor for collection now or hereafter. "Tower Payments" means any and all payments, rents, rental payments, issues, proftts, royalties, income and other benefits derived from, arising from or arising in connection with any and all Towers and Tower Leases. "Tower" shall mean a tower constructed for communication or other lawful purposes and, to the extent owned by debtor, any and all facilities, equipment, devices, structures, antennae, dishes, txansmitters, receivers and appurtenances related to or useable in connection with such tower. ''Tower Leases" shall mean any and all leases, licenses and other agreements entered into by debtor to lease all or part of a Tower or antennae on a Tower or permit the attachment or placement of an antennae on a Tower.