Filing 20242067377

Receivables (as defined in the Purchase of Receivables Agreement between Debtor and Secured Party - the "Purchase Agreement")) sold to Secured Party from time to time pursuant to Purchase Agreement(s). Such transaction is a sale, not an assignment, of a security interest. Said Receivables are not absolutely deliverable so long as there does not exist a Structural Default (as defined in the Purchase Agreement). Secured Party also has a current security interest in all of Debtor's accounts (other than the purchased Receivables), and, upon the occurrence of a Structural Default, a continuing priority security interest in all assets of Debtor, whether now owned or hereafter acquired and wherever located, including, but not limited to: (1) all chattel paper, commercial tort claims, documents, equipment, farm products,
fixtures, general intangibles, instruments, inventory, investment property and letter-of- credit rights (as those terms are defined in Article 9 of the Uniform Commercial Code in effect from time-to-time in the State of Ohio); (2) all liquor licenses and/or permits; (3) all trademarks, trade names, service marks, logos and other sources of business identifiers, and all registrations, recordings and applications with U.S. Patent and Trademark Office and all renewals, reissues and extensions thereof (collectively, "Trademarks"), together with any written agreement granting any right to use any
Trademarks; and (4)all proceeds and products (as those terms are defined in Article 9 of the Uniform Commercial Code in effect from time-to-time in the State of Ohio) of the foregoing and any additions and accessions thereto or substitutions thereof. Notice - Pursuant to the Purchase Agreement between Debtor and Secured party, Debtor has agreed not to grant a security interest in the Receivables to any other party. Accordingly, the acceptance of any security interest by anyone
other than the Secured Party may constitute tortious interference with the Secured Party's rights under the Purchase Agreement. In the event that any other party is granted a security interest in the Receivables in violation of the Purchase Agreement, the Secured Party asserts a claim to any proceeds thereof received by such party.