Common use of SPECIAL TYPES OF COLLATERAL Clause in Contracts

SPECIAL TYPES OF COLLATERAL. (a) Attached hereto as Schedule 5(a) are all of the trademarks or trademark applications of the COMPANY and its domestic subsidiaries (including any service marks, collective marks and certification marks), together with the trademark numbers and dates of registration with the U.S. Patent and Trademark Office or similar foreign office, if applicable. (b) Attached hereto as Schedule 5(b) are all of the patents or patent applications of the COMPANY and its domestic subsidiaries, together with the patent numbers, names of inventors and dates of registration with the U.S. Patent and Trademark Office or similar foreign office, if applicable. (c) Attached hereto as Schedule 5(c) are all of the copyrights or copyright applications of the COMPANY and its domestic subsidiaries, together with the copyright numbers and dates of registration with the U.S. Copyright Office or similar foreign office, if applicable. (d) Attached hereto as Schedule 5(d) are all licenses or similar agreements to use trademarks (including any service marks, collective marks and certification marks), patents, and copyrights of others of the COMPANY and its subsidiaries that are material to the business of the COMPANY and its subsidiaries. (e) Attached hereto as Schedule 5(e) is a list of all deposit accounts, brokerage accounts, commodity accounts and similar accounts including account numbers, where the accounts are maintained and how title in such accounts is held. (f) The COMPANY and its subsidiaries own the following kinds of assets, and Schedule 5(f) attached hereto describes each such asset owned by the COMPANY or its subsidiaries and identifying by which party such asset is owned: Franchises, marketing agreements or similar agreements: Yes ___ No___ Stocks, Bonds or other securities: Yes ___ No___ Promissory notes, or other instruments or evidence of indebtedness in favor of such person: Yes ___ No___ Leases of equipment, security agreements naming such person as secured party, or other chattel paper: Yes ___ No___ Aircraft: Yes ___ No___ Vessels, Boats or Ships: Yes ___ No___ Railroad Rolling Stock: Yes ___ No___ (g) The following are all letters of credit having a value in excess of $250,000 issued for the benefit of the COMPANY and its subsidiaries, together with the name of the issuer, the face amount of each letter of credit, the expiration date of each letter of credit and the account party for each letter of credit: (h) The following is a list of all commercial tort claims having a value in excess of $500,000 in which COMPANY or its domestic subsidiaries are a plaintiff:

SPECIAL TYPES OF COLLATERAL. (a) Attached hereto as Schedule 5(a) a. The following are all of the trademarks or trademark applications of the COMPANY and its domestic subsidiaries (including any service marks, collective marks and certification marks), together with the trademark numbers and dates of registration with the U.S. Patent and Trademark Office or similar foreign office, if applicable.: Trademark Number Date If Foreign Trademark, What Country? COMPANY/ Subsidiary (b) Attached hereto as Schedule 5(b) b. The following are all of the patents or patent applications of the COMPANY and its domestic subsidiaries, together with the patent numbers, names of inventors and dates of registration with the U.S. Patent and Trademark Office or similar foreign office, if applicable.: Patent Name Number Date Inventor If Foreign Patent, What Country? COMPANY/ Subsidiary (c) Attached hereto as Schedule 5(c) c. The following are all of the copyrights or copyright applications of the COMPANY and its domestic subsidiaries, together with the copyright numbers and dates of registration with the U.S. Copyright Office or similar foreign office, if applicable.: Copyright Number Date If Foreign Copyright, What Country? COMPANY/ Subsidiary (d) Attached hereto as Schedule 5(d) d. The following are all licenses or similar agreements to use trademarks (including any service marks, collective marks and certification marks), patents, and copyrights of others of the COMPANY and its subsidiaries that domestic subsidiaries: e. The following are material to the business of all governmental permits and/or licenses held by the COMPANY and and/or its domestic subsidiaries.: (e) f. Attached hereto as Schedule 5(e) F is a list of all deposit accounts, brokerage accounts, commodity accounts and similar accounts including account numbers, where the accounts are maintained and how title in such accounts is held. (f) g. The COMPANY and its subsidiaries own the following kinds of assets, and Schedule 5(f) attached hereto describes is a schedule describing each such asset owned by the COMPANY or its subsidiaries and identifying by which party such asset is owned: Franchises, marketing agreements or similar agreements: Yes ___ No___ Stocks, Bonds or other securities: Yes ___ No___ Promissory notes, or other instruments or evidence of indebtedness in favor of such person: Yes ___ No___ Leases of equipment, security agreements naming such person as secured party, or other chattel paper: Yes ___ No___ Aircraft: Yes ___ No___ Vessels, Boats or Ships: Yes ___ No___ Railroad Rolling Stock: Yes ___ No___ (g) h. The following are all letters of credit having a value in excess of $250,000 issued for the benefit of the COMPANY and its subsidiaries, together with the name of the issuer, the face amount of each letter of credit, the expiration date of each letter of credit and the account party for each letter of credit: (h) i. The following is a list of all commercial tort claims having a value in excess of $500,000 in which COMPANY or its domestic subsidiaries are a plaintiff: (i) vs. _______ Court of ________ [Docket No. _____] filed ______, 200_ (ii) vs. ________ Court of _________ [Docket No. _____] filed ______, 200_.