Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 1 of 20
`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 1 of 20
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`EXHIBIT 3
`EXHIBIT 3
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`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 2 of 20
`Filed 04/26/22 Page 2 of 20
`Case 5:18-md-02834-BLF Document 747-4
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`FILED
`Superior Court of California
`Caunty of Loe Angalgs
`05/10/2021
`Sueeze B. Carver, Zaaruevuee | Cece of Sous
`Bie:
`€. Gyinesi
`Decuty
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`_—oOSNDNHRBRHDNM
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`Michael Gerard Fletcher (State Bar No. 070849)
`mfletcher@frandzel.com
`Craig A. Welin (State Bar No. 138418)
`cwelin@frandzel.com
`Bruce David Poltrock (State Bar No. 162448)
`bpoltrock@frandzel.com
`FRANDZEL ROBINS BLOOM & CSATO,L.C.
`1000 Wilshire Boulevard, 19" Floor
`Los Angeles, California 90017-2427
`Telephone: (323) 852-1000
`Facsimile: (323) 651-2577
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`Attorneys for Plaintiffs, BRILLIANT DIGITAL
`ENTERTAINMENT,INC.; EUROPLAY
`CAPITAL ADVISORS, LLC; CLARIA
`INNOVATIONS, LLC; and MONTO
`HOLDINGSPTY LTD
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`SUPERIOR COURT OF CALIFORNIA
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`COUNTY OF LOS ANGELES- NORTHWESTDISTRICT (VAN NUYS)
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`BRILLIANT DIGITAL ENTERTAINMENT
`INC., a Delaware corporation; EUROPLAY
`CAPITAL ADVISORS, LLC,a Delaware
`limited liability company; CLARIA
`INNOVATIONS, LLC, a Delaware limited
`liability company; and MONTO HOLDINGS
`PTY LTD,an Australian company,
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`CASE No, 21VECV00575
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`[Case assigned for all purposes to the Hon.
`Judge Bernie C. LaForteza, Department U]
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`ORDER FOR EX PARTE IMMEDIATE
`APPOINTMENT OF A RECEIVER
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`Plaintiffs,
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`Vv.
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`PERSONALWEB TECHNOLOGIES,LLC,
`a Texas limited liability company; and DOES
`] through 100, Inclusive,
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`Defendants.
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`Upon due and proper consideration ofPlaintiffs’ ex parte application, including the
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`memorandum and declarationsfiled in support thereof (collectively, “Application”, the
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`Complaint onfile herein, and other good cause appearing therefor:
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`IT IS HEREBY ORDEREDthat Robb Evans & Associates LLC, be and is hereby
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`appointed receiver (“Receiver”) over Defendant PersonalWeb Technologies, LLC,in this action
`4222415v1 | 101334-0002
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`EX PARTE ORDER FOR APPOINTMENTOF A RECEIVER
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`ElectronicallyReceived05/10/202111:52Ah
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`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 3 of 20
`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 3 of 20
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`subject to the conditions that before entering uponits duties as the Receiver,it shall take the oath
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`and file a bond with a surety thereonofsatisfactory proof to the Court in the sum of $10,000.00 to
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`secure faithful performanceofits duties as the Receiver.
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`IT IS FURTHER ORDEREDthatPlaintiffs shall post a bond in the sum of $1,500.00
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`under Codeof Civil Procedure section 527. Plaintiffs shall further be required to post a bond
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`pursuant to Code of Civil Procedure section 566 in the sum of $1,500.00.
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`IT IS FURTHER ORDEREDthat the Receiver shall have the following powers and
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`responsibilities:
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`To enter, gain access, and take possession of the business premises of Defendant
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`PersonalWeb Technologies, LLC, a Texaslimited liability company (“PW"and/or "Defendant"),
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`wherever located, including but not limited to, 5380 Old Bullard Rd., Suite 600-322, Tyler, TX
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`75703, and any other location from which Defendant may conduct businessin the State of
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`California, in the State of Texas, or otherwise (“Business Premises”), and to seize, manage,
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`control, operate, and collectall of the collateral of Plaintiffs (i.e., all of Defendant’s personal
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`property assets) (the "Collateral", a description of which is set forth in Exhibit "1", attached
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`(323)852-1000
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`FRANDZELROBINSBLOOM&CsaTo,L.C.
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`1000WILSHIREBOULEVARD,19THFLOORLos
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`ANGELES,CALIFORNIA90017-2427
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`hereto), as the Receiver deems necessary for the properretention, management, administration,
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`and/orliquidation of the Collateral. But the books and records of Defendant PW,orcopies,
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`abstracts, or summaries thereof, shall be made available to Defendant PW asis reasonably
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`necessary from time to time.
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`2.
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`To have and exercise exclusive control overall of the Collateral, and PW,including
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`without limitation all cash and all collateral, which exclusive control includes, without limitation,
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`the discretion to continue in the employment of PW,or not, any currently employedofficer,
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`director, employee, servant, third party, attorney, accountant, other professional, and/or agent.
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`3.
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`To borrow from and repay moneyto the Plaintiffs from time-to-time on a revolving
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`basis with the Plaintiffs' consent, in increments of $25,000.00, including without limitation under
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`and pursuantto all of the terms, covenants, and conditions contained in the loan documents
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`between the Plaintiffs and PW, as those loan documents may be modified or amended from time-
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`to-time by the Receiver and Plaintiffs. Any liability for such borrowings shall solely be the
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`422241 5v1 | 101334-0002
`9
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`BX PARTE ORDER FOR APPOINTMENT OF A RECEIVER
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`FRANDZELROBINSBLOOM&CSATO,L.C.
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`1000WILSHIREBOULEVARD,FLOORLosANGELES,19TH
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`CALIFORNIA90017-2427(323)
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`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 4 of 20
`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 4 of 20
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`responsibility of PW, and not the Receiver. Such authority specifically includes, but is not limited
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`to, the Receiver being authorized to issue to Plaintiffs from time-to-time Receiver's Certificates to
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`evidence and otherwise secure the repaymentto the Plaintiffs of any and all of such
`indebtedness. The Receiver's Certificates shall have priority overall other claims, including
`withoutlimitation overall general claims against the receivership estate and collectively constitute
`a lien and charge upon all of the assets ofthe receivership estate. The lien securing the Receiver's
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`Certificate shall be prior and superiorto all liens, encumbrances, andclaimsagainst the Collateral
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`held by any otherpersonsorentities, including withoutlimitation any other secured
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`creditors. After any Receiver's Certificate is issued a copy shall be included in the Receiver's
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`monthly report. The original shall be delivered to Plaintiffs to be filed and/or recorded in the
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`Plaintiffs' discretion. As funds in the Receivership Estate are deemed by the Receiverto be in
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`excess of necessary reserves, the Receiver may redeem these Receiver Certificates, or any of
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`4,
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`To seil the Defendant PW,and/orall ofits assets, in whole or inparts, from time to
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`time in the discretion of the Receiver. The Receiver may, but is not requiredto, comply with
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`Sections 568.5 and 701.510,et seq. of the California Code of Civil Procedure regarding the
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`Receiver’s sale of the Collateral. The Receiver shall be authorizedto liquidate all of the Plaintiffs’
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`Collateral without the need for further orders, and at the Receiver’s discretion, complete the
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`processing, repairing, reconditioning, and/orsale of said Collateral and incur the expenses
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`necessary to preserve, protect, and carry out the foregoing.
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`In connection with the Receiver’s sale
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`ofall or part of the Collateral, the Receiver is authorized to sell the Collateral to the public “as is”
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`and “with all faults,” without such representations or warranties, without seeking Court approval.
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`At any such sale by the Receiver, Plaintiffs, or any of them, separately or collectively, may be a
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`bidder and a purchaser andPlaintiffs shall be allowedto elect to credit bid in any such sale up to
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`the aggregate amountofthe total debt owed by PW to all such Plaintiffs, or any of them, or in
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`such smaller increments as Plaintiffs may elect.
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`5.
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`To take any andall steps necessary to receive, collect, and review all mail
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`addressed to Defendant PW,inciuding, but not limited to, mail addressed to each and every one of
`4222415v1 | 101334-0002
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`EX PARTE ORDER FOR APPOINTMENTOF A RECEIVER
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`852-1000
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`1000WILSHIREBOULEVARD,19THFLOORLos
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`ANGELES,CALIFORNIA90017-2427
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`OoSeNHNDBDABPWYNY
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`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 5 of 20
`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 5 of 20
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`their Business Premises and any post office boxes held in the name of Defendant PW,and,at the
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`Receiver’s discretion,it is authorized to instruct the U.S. Postmaster to re-route, hold, and or
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`release said mail to the Receiver. Copies of mail reviewed by the Receiverin the performance of
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`its duties will promptly be made available for inspection to Defendant upon requestafter review
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`by the Receiver. Receiver agrees to maintain the confidentiality of and abide byall laws and
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`regulations with respect to mail it receives, collects and reviews that deal with patient information.
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`6.
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`To demand,collect, and receive all monies, funds, and payments arising from the
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`Plaintiffs’ Collateral.
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`To take possession ofall Plaintiffs' accounts of Defendant and chattel paperas they
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`pertain to the inventory of Defendant, whereverlocated, and to receive possession of any money
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`on deposit in said Plaintiffs' accounts. The receipt by the Receiver for said funds shall discharge
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`said Plaintiffs from further responsibility for accounting to said account holder for funds for which
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`the Receiver shall give its receipt.
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`(323)852-1000
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`To establish Plaintiffs' accounts at any financial institution the Receiver deems
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`appropriate for the deposit of monies and funds collected and received in connection with its
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`administration of the Receivership estate, provided thatall funds on deposit are insured by an
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`agency of the United States Government.
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`9.
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`To use the taxpayer account numberof Defendant in connection with the
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`receivership estate, as necessary to perform and/orcarry out the Receiver’s duties.
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`10.
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`To execute and prepare all documents and to perform all acts, either in the name of
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`Defendant, asit is applicable, or in the Receiver’s own name, which are necessary or incidentalto
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`preserving, protecting, managing, controlling, and/or liquidating the Collateral.
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`To contact each ofthe accounts receivable debtors of Defendant (“Accounts
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`Receivable Debtors”) in order to advise them notto send further accounts receivable paymentsto
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`Defendant and to instruct the Accounts Receivable Debtors to send any and all payments directly
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`to the Receiver.
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`To compromise debts of Defendant and to do all things and to incur the risks and
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`obligations of similar businesses and enterprises. No risk or obligation incurred by the Receiver
`422241 5v1 | 101334-0002
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`EX PARTE ORDER FOR APPOINTMENT OF A RECEIVER
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`BOpoPOROLOKHKOPDDRwmmmetaontHNARBPYOUNlUDOCOlUCUCOClUlUDODOWULUOSCUCUCUNDOOMBORlLDlOO
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`FRANDZELROBINSBLOOM&CsaTo,L.C.
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`OoC8TDBDABPBHLB
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`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 6 of 20
`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 6 of 20
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`shall be at the personal risk or obligation of the Receiver, but shall be the risk or obligation ofthe
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`Receivership estate,
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`13.
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`To turn overto Plaintiffs for the payment of Defendant’s obligations to Plaintiffs
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`sued uponin the Complaint the monies coming into possession of the Receiver and not expended
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`for any of the purposes herein authorized, subject to orders as this Court may hereinafter issue as
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`to its disposition,
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`To employservants, agents, employees, appraisers, guards, clerks, accountants,
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`liquidators, auctioneers, attorneys, and managementconsultants to administer the Receivership
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`estate and to protect the Collateral as it shall deem it necessary, including withoutlimitation to
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`continue the pre-receivership employmentof attorneys for Defendant PW asto legal actions
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`pendingat the time of the receivership, on condition that appropriate and reasonable terms,
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`covenants, and conditions exist concerning, including as to payment arrangementsto, such
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`attorneys to the satisfaction of the Receiverin its sole discretion; to purchase materials, supplies,
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`and services and to pay therefore at the usual rate and prices out of funds that shall comeinto its
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`possession; to pay the reasonable value of said services out of the proceeds of the estate. No risk
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`(323)852-1000
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`FRANDZELROBINSBLOOM&CsaTo,L.C.
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`L000WILSHIREBOULEVARD,19THFLOOR
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`LOSANGELES,CALIFORNIA90019-2427
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`BRBOBoBOBRDBoBRDORDORDweekeeeeehetoOo~sAABFPWeBH*DOODODOYNHRAHBhWDNH=©
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`or obligation incurred by the Receiver shall be at the personalrisk or obligation of the Receiver,
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`but shail be the risk or obligation of the Receivership estate. Receiver shall file an application
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`with the Court to seek Court approval to hire any attorney(s).
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`15.
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`To procure insurance on the Collateral if there is insufficient insurance coverage
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`thereon within thirty (30) days, provided the Receiver has funds available to do so. During said
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`30-day period, the Receivershall not be personally responsible for claims arising or for the
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`procurement of insurance.
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`To institute ancillary proceedings in this state or other states as is necessary to
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`obtain possession and control of the Collateral for the administration and management thereof, and
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`to participate in any court proceedings involving Defendant PW,including, but not limitedto,
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`participation in depositions,trials, appeals, and other related proceedings. Plaintiffs may,in their
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`discretion, also participate in said court proceedings andrelated proceedings. The Receiver may
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`engage the services of counsel on behalf of Defendant PW if reasonably necessary in the
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`422241 $vl | 101334-0002
`5
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`EX PARTE ORDER FOR APPOINTMENTOF A RECEIVER
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`FRANDZELROBINSBLOOM&CsaTo,L.C.
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`1000WILSHIREBOULEVARD,19THFLOORLOSANGELES,
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`CALIFORNIA90017-2427
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`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 7 of 20
`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 7 of 20
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`oOCoSNSDHABS
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`Receiver's sole discretion. The Receiver may pay for such services from the funds ofthe
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`Receivership estate. Receivershall file an application with the Court to seek Court approval to
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`hire any attorney(s).
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`17.
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`To the extent feasible, the Receiver shall, within thirty (30) daysofits qualification
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`file in this action an inventory ofall property of whichit shall have taken possession pursuantto
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`this Order andshall file periodic accountingsthereafter.
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`18.
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`To prepare periodic interim statements reflecting the Receiver’s fees and
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`administrative costs and expensesincurred for said period in the operation and administration of
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`the Receivership estate. Upon completion ofan interim statement, and the mailing of said
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`statementto the parties’ respective attorneys of record or any other designated personalagent, the
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`Receiver shall pay from the estate funds,if any, the amount of said statement. Despite the
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`periodic statementof Receiver’s fees and administrative expenses, such fees and expenses shall be
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`submitted to the Court for its approval and confirmation, in the form ofeither a noticed interim
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`request for fees, a stipulation amongthe parties, or the Receiver’s final accountandreport.
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`19.
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`To forgothe filing of any federal or state incometax returns, schedules, or other
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`forms, which continue to be the sole obligations of Defendant PW.
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`20.
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`To makeapplication to this Court for further orders instructing the Receiver from
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`time to time, and on due notice.
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`IT IS FURTHER ORDEREDthat nothing in this Order concerning the subject matter of
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`the Application or the appointment of a Receiver waives, or shall be construed to waive, any
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`applicable evidentiary privilege concerning communications or documents, including without
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`limitation the attorney client privilege, the attorney work product doctrine, and the common
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`interest privilege, all of which shali be reserved and preserved.
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`(323)852-1000
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`DATED“Mtay——-2021
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`Off 10/202 1
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`‘
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`IGEURTHE SUPERIQR COURT
`Bernie C. LaForteza s Judge
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`4222415v1 | 101334-0002
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`6
`EX PARTE ORDER FOR APPOINTMENT OF A RECEIVER
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`

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`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 8 of 20
`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 8 of 20
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`EXHIBIT 1
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`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 9 of 20
`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 9 of 20
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`Exhibit 1
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`“Collateral”shall mean all right, title, and interest of the Debtor in and to all of the
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`following property of the Debtor, whether now ownedorhereafter acquired and whether now
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`existing or hereafter coming into existence:
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`(1) Accounts;
`(it) Chattel Paper and rights to receive monies included thereby;
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`(111) Commercial Tort Claims;
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`(iv) Deposit Accounts;
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`(v) Documents;
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`(vi) Equity Collateral;
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`(vii) General Intangibles;
`(vill) Goods, including Inventory and Equipment;
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`(ix) Instruments and rights to receive monies included thereby;
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`(x) Intellectual Property;
`(xi) Investment Property, including Commodity Accounts and Commodity Contracts;
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`(xil) Letter-of-Credit Rights;
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`(xiii) Notes;
`(xiv) other tangible and intangible personal property and Fixtures of the Debtor;
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`(xv) to the extent related to any property describedin the clauses(i) through (xiv), all books,
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`correspondence, loan files, records, invoices, and other papers, including without limitation all tapes,
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`cards, computer runs, and other papers and documents in the possession or under the control of the
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`Debtor or any computer service company from time to time acting for the Debtor; and
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`(xvi) cash and non-cash Proceeds ofany and all of the foregoing.
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`“Account” has the meaning given such term in Section 9.102(a)(2) of the UCC.
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`“Account Debtor” has the meaning given such term in Section 9.102(a)(3) of the UCC.
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`“Certificate of Title” has the meaning given such term in Section 9.102(a)(10) of the UCC.
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`“Certificated Security” has the meaning given such term in Section 8.102(a)(4) of the UCC.
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`“Chattel Paper” has the meaning given such term in Section 9.102(a)(11) of the UCC.
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`“Commercial Tort Claim’ has the meaning set forth in Section 9.102(a)(13) of the UCC, and
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`shall include, without limitation, all of the specifically described actions, litigation, proceedings
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`and claims (including any appeals or remands and/or proceedings in connection therewith or
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`relating thereto or new proceedings arising therefrom) identified on Schedule 1.2 attached hereto
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`(which Schedule 1.2 is incorporated herein by this reference as though fully set forth herein, and
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`as such Schedule 1.2 may be amended or amended andrestated from timeto time).
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`“Commodity Account” has the meaning given such term in Section 9.102(a)(14) of the UCC.
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`“Commodity Contract” has the meaning given such term in Section 9.102(a)(15) of the UCC.
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`“Commodity Intermediary” has the meaning given such term in Section 9.102(a)(17) of the UCC.
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`“Copyright Collateral”shall mean all Copyrights, whether now ownedor hereafter acquired by the
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`Debtor.
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`“Copyrights” shall mean all copyrights, copyright registrations, and applications for copyright
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`registrations, including, withoutlimitation,all renewals and extensions thereof, the right to recover
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`for all past, present, and future infringements thereof, and all other rights of any kind whatsoever
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`accruing thereunderor pertaining thereto.
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`“Deposit Account” has the meaning given such term in Section 9.102(a)(29) of the UCC.
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`“Documents” has the meaning given such term in Section 9.102(a)(30) of the UCC.
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`“Entitlement Holder”has the meaning given such term in Section 8.102(a)(7) of the UCC.
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`“Entitlement Order” has the meaning given such term in Section 8.102(a)(8) of the UCC.
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`4214928v1 | 101334-0002
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`

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`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 10 of 20
`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 10 of 20
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`“Equipment”has the meaning given such term in Section 9.102(a)(33) of the UCC.
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`“Equity Collateral”shall mean Pledged Equity and Pledged Equity Proceeds.
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`“Event of Default” shall have the meaning specified in Section 15 of this Agreement.
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`“Financial Asset” has the meaning given such term in Section 8.102(a)(9) of the UCC.
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`“Fixtures”has the meaning given such term in Section 9.102(a)(41) of the UCC.
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`“General Intangibles” has the meaning given such term in Section 9.102(a)(42) of the UCC.
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`“Goods”has the meaning given such term in Section 9.102(a)(44) of the UCC,and shall include
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`Motor Vehicles.
`“Instruments” has the meaning given such term in Section 9.102(a)(47) of the UCC.
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`“Intellectual Property”shall mean,collectively, all Copyright Collateral, all Patent Collateral, and
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`all Trademark Collateral, together with (a) all inventions, processes, production methods, proprietary
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`information, know-how, and trade secrets; (b) all licenses or useror other agreements granted to the
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`Debtorwith respect to any ofthe foregoing, in each case whether now orhereafter owned or used;(c)
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`all information, customerlists, identification of suppliers, data, plans, blueprints, specifications,
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`designs, drawings, recorded knowledge, surveys, engineering reports, test reports, manuals, materials
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`standards, processing standards, performance standards, catalogs, computer and automatic machinery
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`software and programs,splash screens, films, masters, and artwork, (d) all field repair data, sales
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`data, and other information relating to sales or service ofproducts now or hereafter manufactured; (e)
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`all accounting information and all media in which or on which any information or knowledgeordata
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`or records may berecordedor stored and all computer programsused for the compilation or printout
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`of such information, knowledge, records, or data; and(f) all licenses, consents, permits, variances,
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`certifications, and approvals of governmental agencies nowor hereafter held by the Debtor.
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`“Inventory” has the meaning given such term in Section 9.102(a)(48) of the UCC.
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`“Investment Property” has the meaning given such term in 9.102(a)(49) of the UCC.
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`“Letter-of-Credit Right” has the meaning given such term in Section 9.102(a)(51) of the UCC.
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`“Lien”shall meana pledge, assignment, lien, charge, mortgage, encumbrance, or other security
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`interest obtained under this Agreementor under any other agreementor instrument with respect to
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`any present or future assets, property, contract rights, or revenues in order to secure the paymentof
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`indebtedness of the party referred to in the context in which the term is used.
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`“Motor Vehicles” shall mean motorvehicles, tractors, trailers, and other like property, whether or
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`notthetitle thereto is governed bya certificate oftitle or ownership.
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`“Notes”shall mean all Promissory Notes or other debt instruments (including, without limitation,
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`bonds and debentures of any nature whatsoever) from time to time issued to, or held by, the Debtor.
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`“Obligations” shall mean (i) (x) the principal of and interest on the Secured Note and (y) all other
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`obligations and liabilities (including, without limitation, indemnities, Fees and interest thereon)of the
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`Debtor, whether now existing or hereafterincurred, under, arising out of, or in connection with, the
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`Secured Note or otherwise and the due performance and compliance by the Debtor with all ofthe
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`terms, conditions, and agreements contained in the Secured Note;(ii) any and all sums advanced by
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`the Secured Party in orderto preserve the Collateral or preserve its Lien and security interest in the
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`Collateral; (iii) in the event of any proceeding for the collection or enforcementof any indebtedness,
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`obligations, orliabilities referred to in clauses (i) and(ii) above, the reasonable expenses of any
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`exercise by the Secured Party ofits rights hereunder, together with reasonable attorneys’ fees and
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`court costs; and (iv) to the extent not otherwise included in clauses(i),(ii), and (iii) above,the
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`Debtor’s obligations set forth in Section 22.
`“Patent Collateral” shall mean all Patents, whether now ownedor hereafter acquired by the Debtor.
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`“Patents”shall meanall patents and patent applications, including, without limitation, the inventions
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`and improvements described and claimed therein together with the reissues, divisions, continuations,
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`renewals, extensions, and continuations-in-part thereof, all income, royalties, damages, and payments
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`now or hereafter due and/or payable under and with respect thereto, including, without limitation,
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`4214928v1 | 101334-0002
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`
`
`

`

`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 11 of 20
`Case 5:18-md-02834-BLF Document 747-4 Filed 04/26/22 Page 11 of 20
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`damages and payments for past or future infringements thereof, the right to sue for past, present, and
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`future infringements thereof, andall rights corresponding thereto throughout the world.
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`“Pledged Equity” shall mean (i) the shares of stock of, or partnership and other ownership interest
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`in, any entity, and (ii) all ownership interests of any class or character of a successor entity formed by
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`or resulting from a consolidation or merger in which any such issueris not the surviving entity; in
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`each case, whether now or hereafter owned by the Debtor, together with any certificates evidencing
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`of the foregoing.
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`“Pledged Equity Proceeds” shall meanall shares, securities, moneys, or property representing a
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`dividendon anyofthe Pledged Equity, or representing a distribution or return of capital uponor in
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`respectof the Pledged Equity, or resulting from a split-up,revision, reclassification, or otherlike
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`change of the Pledged Equity or otherwise received in exchangetherefor, and any subscription
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`warrants, rights, or options issued to the holders of, or otherwise in respect of, the Pledged Equity.
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`“Proceeds”has the meaning given such term in Section 9.102(a)(65) of the UCC.
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`“Promissory Notes”has the meaning given such term in Section 9.102(a)(66) of the UCC.
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`“Securities”has the meaning given such term in Section 8.102(a)(15) of the UCC.
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`“Securities Account” has the meaning given such term in Section 8.501 (a) of the UCC.
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`“Securities Intermediary” has the meaning given such term in Section 8.102(a)(14) of the UCC.
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`“Security Entitlement” has the meaning given such term in Section 8.102(a)(17) of the UCC.
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`“Trademark Collateral”shall mean all Trademarks, whether now owned or hereafter acquired by
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`the Debtor. Notwithstanding the foregoing, the Trademark Collateral does not and shall not include
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`any Trademark that would be rendered invalid, abandoned, void, or unenforceable by reasonofits
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`being included as part of the Trademark Collateral.
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`“Trademarks”shall mean all trade names, trademarks and service marks, logos, domain names,
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`trademark and service mark registrations, and applications for trademark and service mark
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`registrations, including, without limitation, all renewals of trademark and service mark registrations,
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`all rights corresponding thereto throughoutthe world, the right to recoverforall past, present, and
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`future infringements thereof, all other rights of any kind whatsoever accruing thereunderor
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`pertaining thereto, together, in each case, with the product lines and goodwill of the business
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`connected with the use of, and symbolized by, each such trade name, trademark, and service mark.
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`“UCC”shall mean the Uniform Commercial Code as in effect in the State of Texas from time to
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`time.
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`“Uncertificated Security” has the meaning given such term in Section 8.102(a)(18) of the UCC.
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`Commercial Tort Claims
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`To the extent that such actions, litigation, proceedings and claims are Commercial Tort Claims,
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`all tort claims where the indicated defendants, and each of them, amo