Assignment by way of Security Sample Clauses
Assignment by way of Security. In addition to the other rights provided in this Clause 23, each Lender may, without the consent of any Obligor, at any time charge, assign or otherwise create Security in or over (whether by way of collateral or otherwise) all or any of its rights under any Finance Document to secure the obligations of that Lender, including:
(a) any charge, assignment or other Security to secure obligations to a federal reserve or central bank; and
(b) in the case of any Lender which is a fund, any charge, assignment or other Security granted to any holders (or trustee or representatives of holders) of obligations owed, or securities issued, by that Lender as Security for those obligations or securities, except that no such charge, assignment or Security shall:
(i) release a Lender from any of its obligations under the Finance Documents or substitute the beneficiary of the relevant charge, assignment or Security for the Lender as a party to any of the Finance Documents; or
(ii) require any payments to be made by an Obligor or grant to any person any more extensive rights than those required to be made or granted to the relevant Lender under the Finance Documents.
Assignment by way of Security. In addition to the other rights provided in this Clause 22 (Changes to the Lenders), each Lender may, without the consent of the Company, at any time charge, assign or otherwise create Security in or over (whether by way of collateral or otherwise) all or any of its rights under any Finance Document to secure the obligations of that Lender, including:
(a) any charge, assignment or other Security to secure obligations to a federal reserve or central bank; and
(b) in the case of any Lender which is a fund, any charge, assignment or other Security granted to any holders (or trustee or representatives of holders) of obligations owed, or securities issued, by that Lender as Security for those obligations or securities, except that no such charge, assignment or Security shall:
(i) release a Lender from any of its obligations under the PIK Finance Documents or substitute the beneficiary of the relevant charge, assignment or Security for the Lender as a party to any of the PIK Finance Documents; or
(ii) require any payments to be made by the Company or grant to any person any more extensive rights than those required to be made or granted to the relevant Lender under the PIK Finance Documents.
Assignment by way of Security. 3.1 As further security for the payment of the Secured Liabilities the Issuer assigns and agrees to assign to the Trustee for the benefit of the Trustee and the Relevant Security Holders by way of security with full title guarantee all its present and future rights, title and interest in each Assigned Agreement, provided that such assignment shall take effect subject to any set-off expressly permitted under the Facility Agreement between the amounts payable under such Facility Agreement and provided further that unless and until the Security is exercised in accordance with the provisions of this Deed, the Issuer may continue to exercise all its powers under each Assigned Agreement in relation to the following matters:
3.1.1 all matters expressed in the Assigned Agreement to be at the option, or subject to the discretion, of the Issuer and the relevant Commodity Contract Counterparty; and
3.1.2 in relation to an Assigned Agreement:
(a) which is a Facility Agreement, all matters relating to the day to day management of the creation or redemption of Commodity Contracts under the Assigned Agreement that require the agreement of the relevant Commodity Contract Counterparty and the Issuer, but which do not relate to the payment obligations of either party under the Assigned Agreement;
(b) which is a Security Agreement, all matters relating to the calculation of “Value” and “Exposure” under the Assigned Agreement including the provisions relating to resolving disputes in respect thereof and exercising its rights and remedies thereunder and making of demands thereunder; and
Assignment by way of Security. (A) Subject to Clause 7.7(B), no Seller Group Member may assign or Transfer any of its rights or obligations under or in connection with this Agreement or the Stream Documents.
(B) The Seller and the ProjectCo may assign by way of security its rights under this Agreement to a security trustee or agent acting on behalf of the lenders in respect of any Senior Financing without the consent of the Purchaser (and the Purchaser agrees to execute an acknowledgment of such security in a form reasonably customary for the relevant type of financing).
(C) The Purchaser may assign by way of security its rights under this Agreement to a provider of finance or security trustee or agent acting on behalf of such provider without the consent of the Project Entities or Guarantors (and the Project Entities and Guarantors agree to execute an acknowledgment of such security in a form reasonably customary for the relevant type of financing).
Assignment by way of Security. In addition to the other assignment rights provided in this Clause 27, each Participating Creditor may assign, as collateral or otherwise, any of its rights under the New Finance Documents (including rights to payments of principal or interest on their Exposures under the Facilities) to any trustee for the benefit of the holders of such Participating Creditor’s securities provided that no such assignment shall release the assigning Participating Creditor from any of its obligations under the New Finance Documents.
Assignment by way of Security. Either Party may assign its rights under this Agreement by way of security to or in favour of any bank or financial institution in relation to the financing of that Party’s business activities.
Assignment by way of Security. In addition to the other assignment rights provided in this Clause 27, each Lender may assign, as collateral or otherwise, any of its rights under this Agreement (including rights to payments of principal or interest on the Loans) to any trustee for the benefit of the holders of such Lender’s securities, provided that no such assignment shall release the assigning Lender from any of its obligations under this Agreement.
Assignment by way of Security. The Generator shall be entitled, without the consent of the Offtaker, to assign all (but not part) of its rights and benefits under this Agreement by way of security to or in favour of any Lender.
Assignment by way of Security. As further continuing security for the payment of the Liabilities, the Company assigns by way of security with full title guarantee (to the fullest extent capable of assignment) in favour of the Security Trustee on trust for the Lender Parties, all its rights, title and interest in and benefits under the Assigned Agreements. The foregoing assignment shall include:
(a) all claims for damages or other remedies in respect of any breach of any Assigned Agreement;
(b) all moneys whatsoever which are now or may at any time hereafter be or become due or owing to the Company under or arising out of the Assigned Agreements or in connection with the rights of the Company evidenced thereby; and
(c) all rights and remedies for enforcing the Assigned Agreements in the name of the Company or otherwise and all present and future right, title, benefit and interest in all guarantees, insurances, indemnities, mortgages, charges and other security of whatsoever nature (including all rights and remedies of enforcement) now or hereafter held by the Company in respect of all or any of the foregoing and all moneys from time to time becoming due or owing thereunder or in connection therewith. Notwithstanding the foregoing, as long as no Event of Default has occurred and is continuing, the Company may, subject to the terms and conditions of the Loan Agreement and the other Loan Documents, receive and retain the proceeds of any such claims or any such moneys and may exercise all such rights and remedies and receive and retain the proceeds of their exercise.
Assignment by way of Security. The Assignor, as continuing security for the payment and discharge of all Secured Sums, assigns to the Assignee absolutely all its Rights, title and interest in and to the Deposit, PROVIDED THAT if all Secured Sums have been paid or discharged in full and the Loan Facility Agreement and all other relevant Transaction Documents have been terminated the Assignee shall, subject as provided in this deed and to the Rights of any person for the time being entitled thereto in priority to the Assignor, at the request and cost of the Assignor reassign to the Assignor so much of the Deposit as has not been applied by the Assignee in or towards satisfaction of the Secured Sums.