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    The Secured Creditor has, and Debtor has acknowledged and agreed that the Secured Creditor has, as of the Petition Date, a valid and subsisting first lien and security interest in all accounts receivable, license and contract rights, general intangibles, plant furniture, machinery, equipment, inventory and all tangible and intangible personal property, together with all cash and non-cash proceeds thereof (the "Collateral") securing Debtor's indebtedness, in the principal amount of at least ,704,436.62, together with accrued interest, fees and costs, which indebtedness is not subject to defense, offset or counterclaim of any kind or nature and that said debt is an allowed, fully secured claim under Sections 506(a) and 502 of the Bankruptcy Code. contest the scope, validity, perfection and/or amount of the Secured Creditor's Pre-Petition Debt and liens. The Carve Out Payments are deemed a carve out of the [Bank]'s collateral. that its secured status precludes any recovery of avoided transfers to it. of this title shall be determined, and shall be allowed under subsection (a), (b), or (c) of this section, or disallowed under subsection (d) or (e) of this section, the same as if such claim had arisen before the date of the filing of the petition. Courts have held that where the section 502(h) claim is secured, it is "futile .


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