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HomeMy WebLinkAbout875743 UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS {front and back) CAREFULLY A. NAME & PHONE OF CONTACT AT FILER [optional] F - / _ THE ABOVE SPACE IS FOR FILING OFFICE U~E ONLY · DEBTOR'S EXACT FULL LEGAL NAM E - insert only one deblor name (la or lb) - do OD! abbreviate or combine names Jla. ORGANIZATION'S NAME -- ~ Schmid Oilfield Services, Inc. ORI/lb' INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX / 1c, MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 333 North Main LaBarge WY I 83123 [ USA ld. TAXID#: SSNOREIN ADD'LINFORE ]Io. TYPEOFORGAHIZATION If. JURSDICTONOFORGANIZATION lg. ORGANZATONAL D#,lfany ORGANIZATION 8%0280348 DEBTOR ]Corporation. : I Wyoming 11986- 00238057 ['1NONE 2, ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME - In'..;~.rt only ~ debtor name (2a or 2b) - do not abbreviets or corrlbine names OR J2b. INDIVIDUAL'S LAST NAME' ; ,; FIRST NAME MIDDLE NAME SUFFIX I 2e. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 2d, TAXtD#; SSNOREIN ADD'L INFO RE J2e. TYPEOFORGAh.IZATION 2f. JURISDICTIONOFORGANIZATION 2g, ORGAN]ZATIONALID#,ifany ORGANIZATION 3~ SECU RED PARTY'S NAME (er NAME of TOTAL ASSIGNEE ~:f I\SSIGNOR S/P) - Insert only Dna secured party name (3a or 3b) 3a. ORGANIZATION'S NAME General Electric Capita[ Corporation, as OR J3b. INDIVIDUAL'S LAST NAME =IRST NAME MIDDLE NAME SUFFIX I 3c. MAILING ADDRESS CITY STATE JPOSTAL CODE COUNTRY -- 20[ HighRidge Road Stamford CT[ 0692%5!00 USA 4. This FINANCING STATEMENT covers the following collateral; This Financing Statement covers alt of Debto];"s right, tide and i~tcrcst in the rca], property and personal property, whether now owned or cxisting or hereafter acquired or arising and regardless of where located as described herci~, includi~8 but without limitation, at! accounts, chattel paper, contracts, deposit accounts, documents, equipmem, general intansibies, 8ODDS, instruments, inventory, Jnvestm¢~t property, ~oney, cash or cash equivalents, and proceeds and products o£al] or any kind, as described in Exhibit "A" attached hereto a~d made a pa~ hereo££or the real property ~rther described on ~xhibit "B" attached hereto agd made a pad hereof. Record O~vner: Schmid Oi]fic]d Services, Inc., a Wyomin~ Corporation File with the Recorder of Deeds of Lincoln County, Wyoming ,.ALTER,ATIVEDESIGNAT,GN,,.,,,c.b,e~:IZ]LESSEE,'ESSO~ EIOONS'GNEE'OONS'~NOR EbA,LEE',A,LOR EIsE~LE"""+E" ~IAG. LIEN F1JNO~-UCCF[~,NG 6 ~ThsF NANCINGSTATEMENT s to be fl ed [for recor~ (or record,~d) n heREAL 17 Check to REQUEST SEARCH REPORT(S) on Debtor(s) ~ [~1 · ~JEST~T~ RECORDS. A{fach~Add~d~r~ , [i~a~ficabJe] I 'fADDIT~ONALFEE~ [oetional] ~AII Deb[ers ~Debtorl ~Deb[or2 NA~I~I~,~.~] C, Sy .... O.~ NATIONAL UCC FINANCING ST ~TEMENT (FORM UCC 1)(REV. 07/29/98) ? ,: ,. :'.:,': UCC FINANCING STATEMENTADDEi~DUM ~ 5 !ii FO, L, LOW INSTRUCTIONS/front and back/ CAREFULLY 9. NAME OF FIRST DEBTOR (la or lb) ON RELATED FINANCING STATEMENT 9a. ORGANIZATION'S NAME oR Schmid Oilfield Services, Inc. gb. INDIVIDUAL'S LAST NAME ]FIRST NAME ~. MIDDLE NAME,SUFFIX 10. MISCELLANEOUS: THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME-ins&t on~y one name (1 la or 11b) - do not abbreviate or combine names 1 la. ORGANIZATION'S NAME ' ' i: OR 1 lb. NDIVIDUAL S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 1lc. MAILING ADDRESS . . CITY STATE POSTAL CODE COUNTRY 11d. TAXID#: SSNOREIN ADD'L INFO RE Jlla,TYPEOFORGANlZATION 11f. JURSDICT[ONOFORGANIZATION 11g. ORGANIZATIONALID#,i[any ORGANIZATION ~NONE 12.~--) ADDITIONALSECURED PARTY'S or ['~ ASSIGNOR S/P'S NAME-insertonlyenenama (12aor12b) 112a. ORGANIZATION'S NAME OR 12b. iNDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 12c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 13. This FINANCING STATEMENT covers ~ timber to ba cut or [~ as-extracted 16. Additional collateral description: collateral, or is filed as a ~ fixture filing. 14. Description of real estate: See Exhibit B attached hereto and made a part h~reof. 15. Name and address efa RECORD OWNER cf above-described real tstate (if Debtor does not have a record interest): Schmid Oilfield Services, Inc. 17. Check ~ if applicable and chock ~ one box. Debtor isa ~ Trust or [~ Trustee acting with respect to property held in trust or R Decedan,', Estate H 18. Check ~ if applicable and check only one box. ]Debtor is a TRANSMITTING UTILITY Filed in connection with a Manufactured-Home Transaction -- effective 30 years [~ Filed in connection with a Public-Finance Transaction -- effective 30 years FILING OFFICE COPY-- NATIONAL UCC FINANCING STATEMENT ADDENDUM (FORM UCC1Ad) (REV. 07/29/98) N ATUCC 1 - 5/4/01 C T System Online ACKNOWLE, DGMENT FOR FIXTURE FILING )sS coUNTy OF ~_0~2- ) On ~LtDx ?'3D , 2001, before me, the undersigned, a Notary Public in and for said State personkll~P'lxeared Randy D. Spaur___ __ known to me to be the Secretary ~ ofSchmid Oilfield Services, Inc., a Wyoming corporatiofi, and acknowledged to me that such individual executed the within instrument on behalf of said' corporation. ' WITNESS my handand official seal. Public in and for/N, unty and State ~ JANICE CT SHIGIHARA ~ PUBLIC, STATE OF ILLINOIS EXHIBIT A TO FINANCING STATEMENT Debtor: Secured Party: SCHMID OILFIELD SERVICES, "E3~C. GENERAL ELECTRIC CAPITAL 333 North Main ~': CORPORATION, LaBarge, Wyoming 83123 '~' as Agent and Lender ' 201 High Ridge Road Stamford, Connecticut 06927-5100 FEIN #13-1500700 This Financing Statement covers all of Debtor's right, title and interest in ~r~d to the property located in LaBarge, Lir~coln County, Wyoming, as more particularly described on Exhibit B attached hereto (the "Pr..o..pegy"), together with the following: (a) All buildings, struct[i.res and other improvements of every kind and description now or hereafter erected, situated, or placed upon the Property (the "Improvements"); (b) All claims, demands, rights, title and interest of Debtor, whether'now owned or hereafter acquired, including without limitation, any after acquired title, franchise, license, remainder or reversion, in and to any and all (i) land or vaults lying within the right-of-way of any street, avenue, way, passage, highway, or alley, open or proposed, vacated or otherwise, adjoining the Property, (ii.) alleys, sidewalks, streets, avenues, strips and gores of land belonging, adjacent or pertaining to the Property or the Improvements, (iii) storm and sanitary sewer, water, gas, electric, railway and telephone services relating to the Property and the Improvements, (iv) development rights, air rights, water, water rights, water stock, gas, oils:minerals, coal and other substances of any kind or character underlying or relating to th{'.'.: Property or any part thereof, and (v) tenements, hereditaments, easements, appurtenances, other rights, liberties, reservations, allowances and privileges relating to tl~,:: Property or the Improvements or in any way now or hereafter appertaining thereto, including homestead and any other claims at law or in equity; (c) All right, title and i~':~terest of Debtor, whether now owned or hereafter acquired, in and to any and all leases, st:bleases, arrangements, concessions or agreements, written or oral, relating to the use and occupancy of the Property or the Improvements or any portion thereof, now or hereafter e)..isting or entered into (collectively "Leases"); (d) All right, title and i~,terest of Debtor, whether now owned or hereafter acquired, in and to any and all rents, iss'ites, profits, royalties, revenue, advantages, income, avails, claims against guarantors, ~.11 cash or security deposits, advance rentals, deposits or payments given and other ~enefits now or hereafter derived directly or indirectly from the Property and Improvements under the Leases or otherwise (collectively "Rents"); CH_DOCS\346648,1 [W97] (e) All right, title and interest of Debtor, whether now owned or hereafter acquired, in and to any and all fixtures, machinery, equipment, fi~rniture, inventory, building supplies, appliances and other articles of personal property located in, on or about, or used or intended to be used in connection with or in connection with the maintenance, repair, use, operation or enjoyment of ~he Property or the Improvements, whether installed in such a way as to become a part thereof or not, all of which are hereby declared and shall be deemed to be fixtures and accessions to the freehold and a part of the Improvements as between Debtor and SecurediParty and all persons claiming by, through or under them, including, but not limited to ((i) all. building materials, supplies and equipment intended for construction, reconstruct~,~3n, alteration, repair or incorporation in or to the Improvements, (ii) all fixtures, machinery, equipment, apparatus or articles used or useful in supplying heating, gas, electricity, air-conditioning, ventilation and water to the, Improvements, including, but not limited to, furnaces, stokers, boilers, heaters, cool~rs, compressors, pumps, water~ ~'gnks, fuel and storage tanks, radiators, pipes, plumbing and air ducts and vents, (iii) all fixtures, machinery, equipment, apparatus or articles used or useful in maintaining the Improvements, including, but not limited to, interior and exterior cleaning equipment~ drainage, sprinkler and alarm or protection systems and devices, communication syst~ems and computers, lawn and landscaping equipment, waste and refuse removal device~¢ and equipment, incinerators, vermin and insect exclusion devices, and fire extinguishi:gg apparatus and equipment, and (iv) elevafors, escalators, ramps, partitions, storm doors and windows, Window screens, shades and other coverings, signs, awnings, refrigeratorsi, ovens, ranges, dishwashers, carpeting and other floor coverings, furniture and ligh~ fixtures (collectively, the "Tangible Property"); (f) All right, title and interest of Debtor, whether now owned or hereafter acquired, in and to any intangible property which in any way belongs, relates or appertains to the Property, the Improvements, the Tangible Property or any part thereof, including, but not limited to, (i) all funds held by Secured Party in any reserve replacement account, deferred maintenance account, or in any account established for taxes or insurance payments, (ii) all contract rights, claims, causes of action and similar rights, including, but not limited to, warranties, guaranties, policies of insurance, tax rebate claims, and claims for damages and other compensation as a result of any taking by condemnation, eminent domain or like proceeding, (iii) all licenses, franchises, permits, approvals, variances and entitlements, (iv) all service contracts, maintenance contracts, property management agreements, eq'gipment leases, and plans and specifications (including working drawings), (v) all i>roceeds of casualty insurance in effect with respect to the prOperty ("Insurance Proceeds"), (vi) all awards, judgments, settlements and other compensation made for or e,:msequent upon the taking by condemnation, eminent domain · or any like proceeding, or by any proceeding or purchase in lieu thereof, of the whole or ~ny part of the Property, including, but not limited to, awards and compensation resulting from a change of grade of streets and awards and compensation for severance damages ("Awards"), and (vii) all tr!t~enames, trademarks, servicemarks, logos, goodwill, accounts, investment prop~:rty, chattel paper and general intangibles as defined in the Code (collectively, the "In!.~.ngible Property"); 2 CH_DOCS\346648.1 [W97] (g) All right, title and iil.t:~srest of Debtor in and to all extensions, improvements, betterments, renewals, sub~kutes and replacements of, and all additions and appurtenances to, any of the '~!bregoing hereafter acquired by, or released to, Debtor or constructed, assembled or l~l~ced on the Property and all conversions of the security constituted thereby, immediately upon such acquisition, release, construction, assemblage, placement or c?nVersion, as the case may be, which in each such case, without any further mortgage, conveyance, assignment or other act by Debtor, shall become subject to the lien of this Mortgage as fully and completely, and with the same effect, as though now ownec~ by Debtor and specifically described herein; and (h) all Accounts; (i) all Chattel Paper; · (j) all DocUments; (k) all General Intangihies (including payment intangibles and Software); (1) all Goods (including Inventory, Equipment and Fixtures); (m) all Instruments; (n) all Investment Property; (o) all Deposit Accounts of Debtor, including all blocked accounts, concentration accounts, disbursement acc.ounts, and all other bank accounts and all deposits therein; (p) all money, cash or ~ash equivalents of Debtor; (q) all Supporting Oblii~i:ations and Letter-of-Credit Rights of Debtor; and (r) to the extent not otl~,erwise included, all Proceeds, tort claims, insurance claims and other rights to payment not otherwise included in the foregoing and products of the foregoing and all accessiom~ to, substitutions and replacements for, and rents and profits of, each of the foregoing. For purposes of thiS' .Exhibit A to Financing Statement (this "Exhibit A") the following terms have the meanings, set forth below: "Account Debtor" means any Person who may become obligated to the Debtor under,~with respect to, or on account of, an Account, Chattel Paper or General Intangibles (including a payment intangible). "Accounts" means all "accounts," as such term is defined from time to time in the Code, now owned or hereafter acquired by Debtor, including (a) all accounts receivable, other receivables, book debts and other :forms of obligations (other than forms of obligations evidenced by Chattel Paper, Documents or ~struments), whether arising out of goods sold or services 3 CH DOCS',346648A [W97] rendered by it or from any other tr.a[isaction (including any such obligations that may be characterized as an account or contract right under the Code), (b) all of Debtor's rights in, to and under all purchase orders or receipt~ for goods or services, (c) all of Debtor's rights to any goods represented by any of the foregoing(including unpaid sellers' rights of rescission, replevin, reclamation and stoppage in transit ,and rights to returned, reclaimed or repossessed goods), (d) all monies due or to become due to .any Debtor, under all purchase orders and contracts for the sale of goods or the performance 0f services or both by such Debtor or in connection with any other transaction (whether or not ye! earned by performance on the part of such Debtor), including the right to receive the prg. ceeds of said purchase orders and contracts, (e) all health care insurance receivables and (f).all Supporting Obligations and all collateral security and guaranties of any kind, given by ar!y Account Debtor or any other Person with respect to any of the foregoing. "Chattel Paper" means any "chattel paper," as such term is defined in the Code, including electronic chattel paper,, now owned or hereafter acquired by the Debtor. "Code" means the Uniform Commercial Code as the same may, from time to time, be enacted and in effect in tb~e State of New York; provided, that in the event that, by reason of mandatory provisions of' law, any or all of the attachment, perfection or priority of, or remedies with respect to, any Secured Party's Lien on any Collateral is governed by the Uniform Commercial Code as enacted and in effect in a jurisdiction other than the State of Illinois, the term "Code" shall mean the Uniform Commercial Code as enacted and in effect in such other jurisdiction solely for purposes of'the provisions thereof relating to such attachment, perfection, priority or remedies and for purposes of definitions related to such provisions. "Contracts" means all "contracts," as such term is defined in the Code, now owned or hereafter acquired by the Debtor, in any event, including all contracts, undertakings, or agreements (other than rights evidenced by Chattel Paper, Documents or Instruments) in or under which the Debtor may now or herea~fter have any right, title or interest, including any agreement relating ta the terms of payment or t:he terms of performance of any Account. "Copyrights" means all of the following now owned or hereafter adopted or acquired by the Debtor: (a) all copyrights and General Intangibles of like nature (whether registered or unregistered), all registrations and recordings thereof, and all applications in connection therewith, including all registrations, recordings and applications in the United States Copyright Office or in any similar office or agency of the United States, any state or territory thereof, or any other country or any political subdivision thereof, and (b) all reissues, extensions or renewals thereof. "Copyright Licensd"' means any and all rights now owned or hereafter acquired by the Debtor under any written agreement granting any right to use any Copyright or Copyright registration. "Deposit Accounts'~ means all "deposit accounts" as such term is defined in the Code, now or hereafter held in the name of the Debtor. "Documents" means 'all "documents," as such term is defined in the Code, now owned or hereafter acquired by the., Debtor, wherever located. "Equipment" mean'~:; all ,equipment," as such term is defined in the Code, now owned or hereafter acquired by the Debtor, wherever located and, in any event, including all of Debtor's machinery and equipmen~,'including processing equipment, conveyors, machine tools, data processing and computer equipment, including embedded software and peripheral equipment and all engineering, prdcessing and manufacturing equipment, office machinery, furniture, materials handling equipment, tools, attachments, accessories, automotive equipment, trailers, trucks, forklifts, molds, dies; stamps, motor vehicles, rolling stock and other equipment of every kind and nature, trade fixtutes and fixtures not forming a part of real property, together with all additions and accessions thereto, replacements therefor, all parts therefor, all substitutes for any of the foregoing, fuel theret'r)r, and all manuals, drawings, instructions, warranties and rights with respect thereto, and all 0inducts and proceeds thereof and condemnation awards and insurance proceeds with respect thereto. "Fixtures" means ail "fixtures" as such term is defined in the Code, now owned or hereafter acquired by the Debtor.. i~i "General Intang~ble~~ means all "general intangibles," as such term is defined in the Code, now owned or hereafter l]icquired by the Debtor, including all right, title and interest that the Debtor may now or hereafixir have in or under any Contract, all payment intangibles, customer lists, Licenses, Copyrigh't~'i, Trademarks, Patents, and all applications therefor and reissues, extensions or renewals thereof, rights in Intellectual Property, interests in partnerships, joint ventures and other business associations, licenses, permits, copyrights, trade secrets, proprietary or confidential informa't:[on, inventions (whether or not patented or patentable), technical information, procedures, designs, knowledge, know-how, software, data bases, data, skill, expertise, experience, processes, .models, drawings, materials and records, goodwill (including the goodwill associated :with any Trademark or Trademark License), all rights and claims in or under insurance policies (including insurance for fire, damage, loss and casualty, whether covering personal property, real property, tangible rights or intangible rights, all liability, life, key man and business interruption insurance, and all unearned premiums), uncertificated securities, choses in action, deposit, checking and other bank accounts, rights to receive tax refunds and other payments, rights,,to receive dividends, distributions, cash, Instruments and .. other property in respect of or in exchange for pledged Stock and Investment Property, rights of indemnification, all books and records, correspondence, credit files, invoices and other papers, including without limitation all tapes, cards, computer runs and other papers and documents in the possession or under the control of the Debtor or any computer bureau or service company from time to time acting for the Debtor. "Goods" means all ;'goods" as defined in the Code, now owned or hereafter acquired by the Debtor, including embedded software. "Governmental Aui horit¥" means any nation or government, any state or other political subdivision thereof, and ~ny agency, department or other entity exercising executive, legislative, judicial, regulatory or ~.dministrative functions of or pertaining to government. 5 CH_DOCS\346648.1 [W97] "Instruments" means all "instruments," as such term is defined in the Code, now owned or hereafter acquired by th~ Debtor, wherever located, and, in any event, including all certificated securities, all certificates of deposit, and all promissory notes and other evidences of indebtedness, other than instrumen.,ts,! that constitute, or are a part of a group of writings that constitute, Chattel Paper. , "Intellectual Prope~'!' means any and all Licenses, Patents, Copyrights, Trademarks, and the goodwill ass(:~c:iated with such Trademarks. "Inventory" means 'ali "inventory," as such term is defined in the Code, now owned or hereafter acquired by the Debtor, wherever located, and in any event including inventory, merchandise, goods and other personal property that are held by or on behalf of the Debtor for sale or lease or are furnished or are to be furnished under a contract of service,' or that constitute raw materials, work in process, finished goods, returned goods, or materials or supplies of any kind, nature or description used or consumed or to be used or consumed in the Debtor's business or in the processir~g, production, packaging, promotion, delivery or shipping of the same, including all supplies and .embedded software. "Investment Proper.~.~?' means all "investment property" as such term is defined in the Code now owned or hereafter acquired by the Debtor, wherever located, including (i) all securities, whether certificated or uncertificated, including stocks, bonds, interests in limited liability companies, partnership interests, treasuries, certificates of deposit, and mutual fund shares; (ii) all securities entitlement:!; of the Debtor, including the rights of the Debtor to any securities account and the financial i~ssets held by a securities intermediary in such securities account and any free credit balance ~or other money owing by any securities intermediary with respect to that account; (iii) all secmlities accounts of the Debtor; (iv) all commodity contracts of the Debtor; and (v) all commodity:'accounts held by the Debtor. "Letter-of-Credit R[[~;ht.~s" means "letter-of-credit rights" as such term is defined in the Code, now owned or hereafter acquired by the Debtor, including rights to payment or performance under a letter of credi~t, whether or not the Debtor, as beneficiary, has demanded or is entitled to demand payment or pe(formance. "License" means any: Copyright License, Patent License, Trademark License or other license of rights or interests ~:'~ow held or hereafter acquired by the Debtor. "Lien" means any mortgage or deed of trust, pledge, hypothecation, assignment, deposit arrangement, lien, charge, claim, security interest, easement or encumbrance, or prefere~nce, priority or other securi'i-y agreement or preferential arrangement of any kind or nature whatsoe~ver (including any lease or title retention agreement, any financing lease having substantially the same economic e:£fect as any of the foregoing, and the filing of, or agreement to give, any financing statement perfecting a security interest under the Code or comparable law of any jurisdiction). 6 CH_DOCS\346648.1 [W97] ~ ..~ .... ....... .~!:~ "Patent License" moans rights under any written agreement now owned or hereafter acquired by the Debtor granting any right with respect to any invention on which a Patent is in existence. "Patents" means all 0fthe following in which the Debtor now holds or hereafter acquires any interest: (a) all letters patent of the United States or of any other country, all registrations and recordings thereof, i and all applications for letters patent of the United States or of any other country, including registrations, recordings and applications in the United States Patent and Trademark Office or in. ~ny similar office or agency of the United States, any State, or any other country, and (b) all reiss(i~s, continuations, continuations-in-part or extensions thereof. "Person" means an3¢individual, sole proprietorship, partnership, joint venture, trust, unincorporated organization,"association, corporation, limited liability company, institution, public benefit corporation, other eni{ity or government (whether federal, state, County, city, municipal, local, foreign, or othem~!.se, including any instrmnentality, division, agency, body or department thereof).' "Proceeds" means "~Proceeds," as such term is defined in the Code, including (a) any and all proceeds of any insuran'Ce, indemnity, warranty or guaranty payable to the Debtor from time to time with respect to m.~y of the Collateral, (b) any and all payments (in any form whatsoever) made or due and payable to the Debtor from time to time in connection with any requisition, confiscation., condemnation, seizure or forfeiture of all or any part of the Collateral by any Governmental Authority (or any Person acting under color of governmental authority), (c) any claim of Debtor against third Parties (i) for past, present or future infringement of any Patent or Patent License, or (ii) for past, present or future infringement or dilution of any Copyright, Copyright License, Trademark or Trademark License, or for injury to the goodwill associated with any Trademark or Trademark.' License, (d) any recoveries by Debtor against third parties with respect to any litigation or dispute concerning any of the Collateral, (e) dividends, interest, distributions and Instruments with respect to Investment Property and pledged Stock, and (f) any and all other amounts from time to time paid or payable under or in connection with any of the Collateral, upon disposition or otherwise. "Software" means till "software" as such term is defined in the Code, now owned or hereafter acquired by the Debtoi, other than software embedded in any category of Goods, .. including all computer programs and all supporting information provided in connection with a transaction related to any program.i "Stock" means all s;aares, options, warrants, general or limited partnership interes,,ts, membership interests or other equivalents (regardless of how designated) of or in a corporation, partnership, limited lilability company or equivalent entity whether voting or nonvoting, including common stock, preferred stock or any other "equity security" (as such term is defined in Rule 3al 1-1 of the Gimeral Rules and Regulations promulgated by the Securities and Exchange Commission under i:'he Securities Exchange Act of 1934). 7 CH_DOCSX346648.1 [W97] "Supporting Obligations" means all "supporting obligations" as such term is defined in the Code, including letters of credit and guaranties issued in support of Accounts, Chattel Paper, Documents, General~ Intangibles, Instruments, or Investment Property. "Trademark Licens ? means rights under any written agreement now owned or hereafter acquired by the Debtor g';:anting any right to use any Trademark. "Trademarks" means all of the following now owned or hereafter existing or adopted or acquired by the Debtor' (.a) all trademarks, trade names, corporate names, business names, trade styles, service marks,, logos, other source or business identifiers, prints and labels on which any of the foregoing have appeared or appear, designs and general intangibles of like nature (whether registered or unrei~istered), all registrations and recordings thereof, and all applications in connection therewi~t:h~ including registrations, recordings and applications ~n the United States Patent and Trademark Office or in any similar office or agency of the United' States, any state or territory thereof, or any other country or anypolitical subdivision thereof; (b) all reissues, .extensions or renewals thereof; and (c) all goodwill associated with or symbolized by any of the foregoing. 8 CH_DOCS\346648.1 [W97] EXHIBIT B Legal Description That part of Lot 6 of Section 6, T2dN R112W of the 6th P.M., Lincoln County, Wyoming described as follows: Beginning at a point on the east rig!bt of way line of Highway 189, S 42039, E, 2247.6 feet from the north one-quarter corner of said Section 6 which is the point of beginning; thence S 89047, E, 630 feet along ti~e north line of the David-Decker Subdivision to its northeast and southeast corner of this tract; thence northerly at right angles alo'~,g the northerly extension of the easterly line of the David- Decker Subdivision a distar~ce of 221.6 feet; ~' thence N 89047, W, 630 feet to a point of the above-described right of way line which is S 43°54, E, 1985.9 feet fro!:n the south one-quarter comer of Section 31, T27N R112W; thence S 000.13' W, 221.6 feet alor;g the said right-of-way line to the point of beginning.