CONSTRUCTION AND RECEIVABLES
LOAN AND SECURITY AGREEMENT
This ACQUISITION, CONSTRUCTION AND RECEIVABLES LOAN AND SECURITY AGREEMENT
is entered into as of June@, 1995, by and between FINOVA CAPITAL CORPORATION, a Delaware
corporation, and PATTEN CORPORATION, a Massachusetts corporation.
As used in this Agreement and the other Documents (as defined below) unless otherwise expressly indicated in
this Agreement or the other Documents, the following terms shall have the following meanings (such meanings to
be applicable equally both to the singular and plural terms defined).
in form and substance identical to Exhibit D-1 to be made and delivered by Borrower to Lender pursuant to
paragraph 4.IA(a)(i), as it may be from time to time renewed, amended, restated or replaced.
1.8 "Affidavit of Borrower': a sworn Affidavit of Borrower (and such other parties as Lender may require) in the
form of Exhibit J-ID, to accompany a Construction Loan Advance Request.
1.9 'Affiliate': with respect to any individual or entity, any other individual or entity that directly or indirectly,
through one or more intermediaries, controls, or is controlled by, or is under common control with, such
individual or entity.
1.10 "Agents": the Servicing Agent, the Lockbox Agent, and the Contracts Escrow Agent.
1.1 "Acquisition Loan": the Loan made pursuant to paragraph 2.1(a).
1.2 "Acquisition Loan Advance": the Advance of the proceeds of the .
Acquisition Loan by Lender on
behalf of Borrower in accordance with the terms of this Agreement.
1.3 "Acquisition Loan Borrowing Term": the period commencing on the date
of this agreement and ending on the close of the Business Day (or if
not a Business Day, the first Business Day thereafter) which is
ninety (90) days from April 21, 1995 (the date of Lender approval of