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Home My WebLink About01-3478 PARTIES FINANCING STATEMENT Debtor nam=. 0est name fist if mdividual) and mailing address: Uniform Commercial Code Fon~ UCC-1 National Vision, Inc. IMPORTANT- Please read instructions on 296 Grayson Highway revemesideofpaga4befomcompleting Lawrencevil la, GA 30045-5791 Filing No. (stampad by filing oIT~er): Date. ~rna. Filing ..(~.._ (.?~ by flflng officer) OI z/7 '. . ., /,.RY ;. ~- SecndarJ of toe Commonwealth. 1)~ Proihonoto~of C~u!~b~e.r}.an~d___C_ou_n~ _P~roth~o. no~.a.rv _ Coumy. ~ real estate Records of __ County. 6 Nunfaer of Addl~onal Shesls (if any): 2 7 ~secusecu~l~ai (~ ?anto~j~tn?ame Iisi I, indivmual) an, eXlclmes O--pti~ai'Specia, ,derififi~flo~ (Max. ,O charactofs)= 8 Fleet Capital Corporation COLLATERAL 300 Galleria Parkway, N.W. IdenUfycoilatemlbyilemand/ortype: Suite 800 Ail of the property of Debtor described on Exhibit A Atlanta, GA 30339 attached hereto, including, without limitation, all of ~ Debtor's present and future accounts, inventory, _~A~?_g_~.__n_es(~s)_of_ ~De~?u. ~-'dPa~/name(lastnamefirstifindividual and general intangibles, equipment, investment property, ~u~ressaxaacimMmtemet~oforrnalJon fixtures, instruments, documents, chattel paper, and all the products and proceeds of the foregoing. Filed with Cumberland County Prothonotary, PA Special ~ of Pa~des (check if adpl~abls): ~ ~e te~m 'Debtor' and 'Secured Pady" mean 'Le~' and · Ces~x.' recpectlvely. q ~ t~n~ '.De_btor' and 'Secu~ Pady" mean 'ConsignS' and ~[ (check only if dssi~) P~xJuc/s of the collateral am alec careful. ~o~,gnor. respectively. Identify ~.atad teal estate, if adl~inabla. ~e collateral I=-, or lecluges (c~ack 111i=- ~at~flle~t J8 iliad ~dth o.n, ly UlS ._~_..,rad Pady'=- signature to pedecta I I the following res[ a. [3 ~ec~f~achangeof.ame. ideflUtyorcor~stmcture. Desc~be at: Book . .... of(check(xts)E' Deeds UI Modgages, atPage(=-) ......... mis county. ~ DEBTOR SIGNATURE(S) d. already =-ub)ect to a security Interest in another jurtadlc~n. I ~at ion~/]. ~[Fis±on, .... ..... Sec~mdPa~S~na,,,m{s): Najja a. Carraway, Paralegal Parker, Hudson, Rainer & Dobbs LLP 1500 Marquis Two Tower ......... Atlanta, GA 30303 ~0e-A~ ~.~1 ~y 8ectS~l~ of Comn~llh of Pa~ln~yi~ia FILING O~FJuE ORIGINAL ~m=~l; u~ ;.n~c~- ~ ...... ~ ~.,... ~. ~,~. ~ ~ NOTE - This page will not ~ ~u~ by the ~me~ ~ S~. EXHIBIT A TO UCC-! FINANCING STATEMENT O ~ c_'~ (Continued from Item 9) ~ -- '~ DEBTOR: NATIONAL VISION, INC. ~ ~'~ c;, ; '? SECURED PARTY: FLEET CAPITAL CORPORATION '~- · ~_.~_. -~: , .. ~.~ All of the following described property of Debtor, whether now in existence or herea r acquired or arising and wheresoever situated: (a) All accounts, including, without limitation, all health cam insurance receivables and all right. title and interest of Deblor in or to any returned goods, together with all rights, titles, securities and guaranties with respeet to any account, including any rights to stoppage in transit, replevin, reclamation and resales, and all related security liens whether voluntary or involuntary; and (b) All chattel paper, including, without limitation, all tangible chattel papar und all clectrunic cbattcl paper, and all instruments and documents; and (c) All inventory, wbether now owned or hereafter acquired by Debtor, including, without limitation, all goods intended for sale or lease by Debtor, to be furnished under contracts of service, or for display or demonstration; all work~in-process; and all raw materials and other materials and supp les of every nature and description used or which might be used in connection w th the manufacture, printing, packing, shipping, edvenising, selling, leasing or furnishing of such goods or otherwise used or ' and all dOcumants cvidancin, and all o o,~; ..... :L, .......... c. unsumed m Debtor's business; .~ ~,en....., ,,,La.~,u~ rt:laEe~ to the I'oregolng; and (d) All machinery, apparatus, equipment, fittings, furniture, fixtures, motor vehicles and other tangible personal property (other than inventory) of every kind and description, and all parts, accessories and special tools therefor, all accessions thereto, and all substitutions and replacements thereot~ and (e) All other goods; and (0 All general intangibles, including, without limitation, all payment intangibles, software, choses in action, causes of action, company or other business records, inventions, blueprints, designs, patents, patent applications, trademarks, trademark applications, trade names, trade secrets, service marks, goodwill, brand names, copyrights, registrations, licenses, franchises, customer lists, permits, tax refund claims, computer programs, operational manuals, interoet addresses and domain names, insurance refunds and premium rebates, all claims under guaranties, security interests or other security held by or granted to Debtor m secure payment of any of Debtor's accounts by an account debtor, all rights to indemnification and all other intangible property of every kind and nature (other than accounts); and (g) All deposit accounts, including, without limitation, all of Debtor's demand, time, savings, passbook, money market or other depository accounts, and all certificates of deposit, maintained by Debtor with any bank, savings and loan association, credit union or other depository institution (except for such deposit accounts maintained and funded by Debtor for Administrative, Priority and Convenience Claims, as defined in and pursuant to Section 8.4 of the Joint Plan of Reorganization under Chapter 1 I, Title I 1, United States Code, filed by Debtor (f/Wa Vista Eyecare, Inc.) and Certain of its Debtor Subsidiaries); and EXHIBIT A (Cont.) TO UCC-I FINANCING STATEMENT (Continued from Item 9) DEBTOR: NATIONAL VISION, INC. SECURED PARTY: FLEET CAPITAL CORPORATION (h) All investment property ncluding, without limitation, all securities (as defined in Section 2(I ) of the Securities Act of 1933) (whether certificated or uncertificated), security entitlements, securities accounts, commodity contracts and commodity accounts (but excluding any portion thereof that constitutes equity interests in any manage-.I care subsidiary); and . (i) All letter of credit rights, including all rights of Debtor to payment or performance under letters 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; and (J) All monies now or at any time or times bereai~er in the possession or under the control of Secured Party or a bailee or affiliate of Secured Party; and (k) All accessions to, substitutions tbr and all replacements, products and cash and non cash proceeds of any of the foregoing property, including, without limitation, proceeds of and unearned premiums with respect to insurance policies insuring any of the foregoing property and claims against any person for loss of, damage to. or destruction of any or all of the foregoing property; and (I) AIl b°°ks and records (including, without limitation, customer lists, files, correspondence, tapes, computer programs, print-outs and other computer materials and records) of Debtor pertaining to any foregoing property, of the , A Loan and Secu.ri~ .A. greement between Debtor and Secured Party restricts the r ht o lease pledge or otherwise d~spose of any oftbe abnve-d~.~,.-' ..... g fDebtor to sell ......... rme~ property or ueOtor other than in favor of Secured Party and except as and to the extent provided therein. This UCC-I financing statement is in addition to, and not in lieu or replacement of, any other UCC-I financing statement between the parties hereto of record in any filing office or jurisdiction in the United States of America. All terms used herein shall have the meanings provided to them in the Uniform Commercial Code as in effect from time to time in the state in which this financing statement is filed to the extent the same are used or defined therein. 1152177.4] 000032-00309 - ~ -