Common use of Before enforcement Clause in Contracts

Before enforcement. 5.1.1 Before this Security becomes enforceable, the Chargor may continue to exercise the voting rights, powers and other rights in respect of the Secured Shares provided that: (a) it shall not do so in any way that would breach any provision of the Loan Agreement or this Deed; or (b) the exercise of, or failure to exercise, those voting rights or other rights and powers would not have an adverse effect on the value of any of the Secured Shares or otherwise prejudice this Security. 5.1.2 Before this Security becomes enforceable, the Chargor may retain and apply for its own use all dividends, interest and other monies paid or payable in respect of the Secured Shares. 5.1.3 The Chargor shall indemnify the Security Agent or the Lenders against any loss or liability incurred by the Security Agent or the Lenders (or their nominees) as a consequence of the Security Agent or the Lenders (or their nominees) acting in respect of the Secured Shares at the direction of the Chargor. 5.1.4 The exercise or non-exercise of any voting rights or otherwise by the Security Agent is not to be construed as permitting or agreeing to any variation or other change in the rights attaching to or conferred by any of the Secured Shares which the Security Agent considers prejudicial to, or impairing the value of, this Security. 5.1.5 The Chargor shall pay when due all calls or other payments that may be or become due in respect of any of the Secured Shares. In case of default by the Chargor in such payment, the Security Agent may (but shall not be obliged to) make such payment on behalf of the Chargor in which case any sums paid by the Security Agent shall be reimbursed by the Chargor to the Security Agent on demand.

Appears in 3 contracts

Samples: Further Deed of Charge of Shares (Shin Nippon Biomedical Laboratories, Ltd.), Deed of Charge of Shares (Shin Nippon Biomedical Laboratories, Ltd.), Deed of Charge of Shares (Shin Nippon Biomedical Laboratories, Ltd.)

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Before enforcement. 5.1.1 Before this Security becomes enforceable, the Chargor may continue to exercise the voting rights, powers and other rights in respect of the Secured Shares provided that: (a) it shall not do so in any way that would breach any provision of the Loan Agreement or this Deed; or (b) the exercise of, or failure to exercise, those voting rights or other rights and powers would not have an adverse effect on the value of any of the Secured Shares or otherwise prejudice this Security. 5.1.2 Before this Security becomes enforceable, the Chargor may retain and apply for its own use all dividends, interest and other monies paid or payable in respect of the Secured Shares. 5.1.3 The Chargor shall indemnify the Security Agent or the Lenders Chargee against any loss or liability incurred by the Security Agent or the Lenders Chargee (or their nomineesits nominee) as a consequence of the Security Agent or the Lenders Chargee (or their nomineesits nominee) acting in respect of the Secured Shares at the direction of the Chargor. 5.1.4 The exercise or non-exercise of any voting rights or otherwise by the Security Agent Chargee is not to be construed as permitting or agreeing to any variation or other change in the rights attaching to or conferred by any of the Secured Shares which the Security Agent Chargee considers prejudicial to, or impairing the value of, this Security. 5.1.5 The Chargor shall pay when due all calls or other payments that may be or become due in respect of any of the Secured Shares. In case of default by the Chargor in such payment, the Security Agent Chargee may (but shall not be obliged to) make such payment on behalf of the Chargor in which case any sums paid by the Security Agent Chargee shall be reimbursed by the Chargor to the Security Agent Chargee on demand.

Appears in 1 contract

Samples: Deed of Charge of Shares (Shin Nippon Biomedical Laboratories, Ltd.)

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