HomeMy WebLinkAbout01-2470 PARTIES
Dad or namexlast name first findiv dualI and mai ng address
T~ansit Group Transportation, LLC
2859 Peces Ferry Road
Suite 1740
Atlanta, GA 30339
Debtor name (last name first if individual) and mailing address:
Debtor name (last name first if individual) and mailing address:
Secured Pady ies name last name fiist ~(Jndivldual) and address
for secuffiy interest informal on:
Congress Financial Corporation (Southernl
200 Galleria Parkway, Suite 1500
Atlanta, GA 30339
Assignee s of Secured Party name last name first if individual and
address for security interest information:
~pecial Types of Padies (check if applicabta):
, The terms "Debtor" and "Secured Party*' mean "Lessee" and
"Lessor," respectively
The terms "Debtor" and "Secured Party'' mean "Consignee'~ and
"Consignor," respecfiveJy.
Debtor is a Transmitting Utility
SECURED PARTY SIGNATURE(S)
;urity interest in collateral (check agpficable box(es)}-
Secured Party Signature(s):
gres~ Fina~cial Corporation
?/r?,,
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, Fili.n.,g Office (stamped by filing officer
1
la ThisF~na~ci~gStat~m~nt~spr~s~nt~df~rfi~ingpursuantt(~x~-~r~i~lC~d~andis~be
X Prothonotary of Cu~ber[c%qd Cod~t~7 ~%o%bQ~¢~8~ County.
real estate Records of
Number of Additional Sheets (if any): 2
Optional Special Identification (Max 10 characters):
COLLATERAL
Identity collateral by item and/or type:
County
6
7
8
2 All of the property of Debtor described on Exhibit A
attached hereto, including, without limitation, all of
Debtor's present and future accounts, inventory,
general intangibles, investment property, instruments,
documents, deposit accounts, chattel paper, and all
the products and proceeds o~ the foregoing.
2a
Describe at: BOOk of (check one) , Deeds , Mortgages, at Page(s)
for County. Uniform Parcel Identifier _
Described on Additional Sheet.
DEBTOR SIGNATURE(S)
Debtor Signature(s):
~ Tr~tion, LLC
11
RETURN RECEIPT TO:
E~in Reusing, Fazalegal
Parker, Hudson, ~ainer & Dobbs LLP
285 Peachtree Center Avenue
/IoPOO
4
12
EXHIBIT "A"
TRANSIT GROUP TRANSPORTATION, LLC
("Debtor")
CONGRESS FINANCIAL CORPORATION (SOUTHERN)
("Secured Party")
All of the following described property of Debtor, whether now in existence or hereafter created or
acquired, and wheresoever situated:
(a) Al/of Debtor's accounts, including, without limitation, any and all present and future rights of
Debtor to payment for goods sold or leased or for services rendered, whether or not evidenced by instruments
or chattel paper, and whether or not earned by performance);
(b) All of Debtor's receivables, including, without limitation, (i) all amounts at any time payable to
Debtor in respect of the sale or other disposition by Debtor of any account or other obligation for the payment
of money; (ii) all interest, fees, late charges, penalties, collection fees and other amounts due or to become
due or otherwise payable in connection with any account; (iii) all letters of credit, indemnities, guarantees,
security or other deposits and proceeds thereof issued payable to Debtor or otherwise in favor o for delivered
to Debtor in connection with any account; (iv) any amount owing by an account debtor to Debtor arising from
a sale of goods or rendition of services by Debtor but which has not yet been billed by Debtor; or (v) all other
contract rights, chattel paper, instruments, notes, general intangibles and other forms of obligations owing
to Debtor, whether from the sale and lease of goods or other property, licensing of any property (including
intellectual property or other general intangibles), rendition of services or from loans or advances by Debtor
or to or for the benefit of any third person (including loans or advances to any affiliates or subsidiaries of
Debtor) or otherwise associated with any accounts, inventory or general intangibles of Debtor (including
choses in action, causes of action, tax refunds, tax refund claims, any funds which may become payable to
Debtor in connection with the termination of any employee benefit planand any other amounts payable to
Debtor from any employee benefit plan, rights and claims against carriers and shippers, rights to
indemnification, business interruption insurance and proceeds thereof, casualty or any similar types of
insurance and any proceeds thereof and proceeds of insurance covering the lives of employees on which
Debtor is beneficiary);
(c) All of Debtor's other present and future general intangibles (including Debtor's now owned
and hereafter arising or acquired (i) intellectual property, including: patents, patent rights, patent
applications, copyrights, works which are the subject matter of copyrights, copyright registrations,
trademarks, trade names, trade styles, trademark and service mark applications, and licenses and rights to use
any of the foregoing; all extensions, renewals, reissues, divisions, continuations, and continuations-in-part
of any of the foregoing; all rights to sue for past, present and future infringement of any of the foregoing;
inventions, trade secrets, formulae, processes, compounds, drawings, design, s, blueprints, surveys, reports,
manuals, and operating standards; goodwill; customer and other lists in whatever form maintained; and trade
secret rights, copyright rigMs, rights in works of authorship, and contract rights relating to computer software
programs, in whatever form created or maintained, and (ii) existing and future leasehold interests in
equipment, real estate and fixtures), chattel paper, documents, instruments, letters of crediL bankers'
acceptances and guaranties;
{I44525.8} 000312-00145
(d) all present and future monies, securities and other investment property, credit balances,
deposits, deposit accounts, and other property of Debtor now or hereafter held or received by or in transit to
Secured Party or its affiliates or at any other depository or other institution from or for the account of Debtor,
whether for safekeeping, pledge, custody, transmission, collection or otherwise, and all present and future
liens, security interests, rights, remedies, title and interest in, to and in respect of receivables and other
collateral, including rights and remedies under or relating to guaranties, contracts of suretyship, letters of
credit, sight drafts, and credit and other insurance related to the collateral, rights of stoppage in transtt,
replevin, repossession, reclamation and other rights and remedies of an unpaid vendor, lienor or secured
party, goods described in invoices, documents, contracts or instruments with respect to, or otherwise
representing or evidencing, receivables or other collateral, including returned, repossessed and reclaimed
goods, and deposits by and property of account debtors or other persons securing the obligations of account
debtors;
(e) All of Debtor's inventory, including all of Debtor's now owned and hereafter existing or
acquired raw materials, work in process, finished goods and all other inventory of whatsoever kind or nature,
wherever located;
(f) All of Debtor's deposit accounts, including all of Debtor's demand, time, savings, passbook,
money market or other depository accounts, and all certificates of deposit, maintained by Debtorwith any
bank, savings and loan association, credit union or other depository institution;
(g) All of Debtor's investment property, including all certificated and uncertificated securities,
securities entitlements, securities accounts, commodities contracts, and commodities accounts;
(h) All of Debtor's letter of credit rights, including any right of Debtor to payment or
performance under a letter of credit (whether the letter of credit is written or electronic), whether or not
Debtor has demanded or is at the time entitled to demand payment or performance;
(i) All of Debtor's present and future books of account of every kind or nature, purchase and
sale agreements, invoices, ledger cards, bills of lading and other shipping evidence, statements,
correspondence, memoranda, credit files and other data relating to the collateral or any account debtor,
together with the tapes, disks, diskettes and other data and software storage media and devices, file cabinets
or containers in or on which the foregoing are stored (including any rights of Debtor with respect to the
foregoing maintained with or by any other); and
0) all products and proceeds of the foregoing, in any form, including insurance proceeds and
all claims against third parties for loss or damage to or destruction of any or all of the foregoing.
The security agreement between Debtor and Secured Party restricts the right of Debtor to sell, lease,
pledge or otherwise dispose of any of the above-described property of Debtor except for sales of inventory
in the ordinary course of Debtor's business.
This UCC- I financing statement is in addition to, and not in lieu or replacement of, any other UCC- 1
financing statement between the parties hereto of record in any filing office or jurisdiction in the United
States of America.
{144525.8} 000312-00145
ERIN D. REUSING
PARALEGAL
DIRECTDIAL
(404) 420-5574
ereusing~phrd corn
PARKER, HUDSON, RAINER & DOBBS LLP
A LIM~TED L~A~ILITY PARTNERSHIP
ATTORNEYS AT LAW
1500 MARQUIS TWO TOWER
285 PEACHTREECENTERAVENUE, NE
ATLANTA, GEORGIA 30303
(404) 523-5300
THE pERKINS HOUSE
SUITE 200
I 18 NORTH GADSDEN STREET
TALLAHASSEE, FLORIDA 32301
TELECOPrER
{404)522~8409
April 25, 2001
VIA FEDEX
Cumberland Counky Prothonotm'y
UCC Department
1 Courthouse Square
County Courthouse
Carlisle, PA 17013
RE: UCC-1 Filing - Congress Financial Corporation (Southern) - Transit Group, Inc.
Dear Sir/Madam:
Enclosed for recording in the UCC records, please find a UCC- 1 financing statement naming Transit
Group Transportation, LLC as Debtor and Congress Financial Corporation (Southern) as Secured Party in
connection with the above-referenced transaction.
As the financing statement has an Exhibit A collateral description attached, we ask that you affix the
filing information to the UCC acknowledgment as well as to the copy of the exhibit attached thereto.
We have also enclosed our firm's check in the amount of $12.00 in payment of the applicable
recording fee. We would appreciate your contacting the undersigned immediately should this amount be
insufficient. We have additionally enclosed a return fed ex envelope for your convenience in returning the
recorded financing statement to our office cn an expedited hasps.
Thank you for your attention to this matter. Should you have any questions, please do not hesitate
to contact us.
: edr
Enclosures
cc: Bobbi Acord, Esq.
115o715.11 000312-00145
Very truly yours,
Erin D. Reusing
Paralegal