Borrower's Security Documents. As security for all Advances made to them and as security for all their other liability or indebtedness, both present and future, hereunder or under any other Loan Document the Borrowers shall deliver, or cause to be delivered, to the Agent, as agent for, Lenders, the following documents (collectively, the “Borrowers’ Security Documents”):
(a) in the case of each Borrower, a general security agreement creating a security interest in all the then present and future, personal property, fixed assets, equipment, accounts receivable, Contracts, Intellectual Property and all other assets and undertaking of each Borrower including Equity Interests of all of its Subsidiaries (other than HudBay’s Equity Interest in Xxxxxx Holding Corporation).
(b) a debenture/mortgage (or immovable hypothec, as applicable) dated on or before the Effective Date constituting a first priority charge on all of its presently wholly-owned and after-acquired material Real Property located in Manitoba or Saskatchewan (or immovable property, as applicable) of each Borrower (as determined by the Agent);
(c) such other documents as the Agent may now or hereafter reasonably require to give effect to, register, perfect the security interests created by the documents or to evidence the same (including legal opinions, insurance certificates, title insurance, officer’s certificates and other customary documentation) referred to in this Section 4.1, in the jurisdiction where such charged assets are located.
Borrower's Security Documents. As security for all Advances made to it and as security for all its other liability or Debt, both present and future, hereunder or under any other Loan Document the Borrower shall deliver, or cause to be delivered, to the Agent, as agent for, Lenders, the following documents (collectively, the "Borrower's Security Documents"):
(a) a general security agreement creating a security interest in all the then present and future, personal property, fixed assets, equipment, accounts receivable, Contracts, Intellectual Property and all other assets and undertaking of the Borrower including Equity Interests of all of its Subsidiaries;
(b) a debenture/mortgage (or immovable hypothec, as applicable) dated on or before the Effective Date constituting a first priority charge on all of its presently wholly-owned and after-acquired material Real Property located in Manitoba or Saskatchewan (or immovable property, as applicable) of the Borrower (as determined by the Agent);
(c) such other documents as the Agent may now or hereafter reasonably require to give effect to, register, perfect the security interests created by the documents or to evidence the same (including legal opinions, insurance certificates, title insurance, officer's certificates and other customary documentation) referred to in this Section 4.1, in the jurisdiction where such charged assets are located.
Borrower's Security Documents. As security for all Advances made to it and as security for all its other liability or Debt, both present and future, hereunder or under any other Loan Document the Borrower shall deliver, or cause to be delivered, to the Agent, as agent for, Lenders or to the Peruvian Intercreditor Agent, the Peruvian Collateral Agent and the Conditional Credit Assignment Agent, as applicable, the following documents (collectively, the "Borrower's Security Documents"):
(a) a Canadian law governed security agreement creating a security interest in all the then present and future, personal property, fixed assets, equipment, accounts receivable, Contracts, Intellectual Property and all other assets and undertaking of the Borrower including Equity Interests of all of its Subsidiaries;
(b) the Insurance Assignment;
(c) the Peruvian Security Documents (including, if applicable, by way of public deed);
(d) the Peruvian Intercreditor Agreement; and
(e) such other documents as the Agent may now or hereafter reasonably require to give effect to, register, perfect the security interests created by the documents or to evidence the same (including legal opinions, insurance certificates, title insurance, officer's certificates and other customary documentation) referred to in this Section 4.1, in the jurisdiction where such charged assets are located; provided, however, that notwithstanding the terms of any other Loan Documents no registrations under applicable personal property legislation in Canada in respect of specific vehicle identification numbers shall be required and the Lenders hereby authorize the Agent to amend any such existing registrations as requested by the Borrower to remove references to specific vehicle identification numbers provided for therein.
Borrower's Security Documents. As security for all Advances made to it and as security for all its other liability or indebtedness, both present and future, hereunder or under any other Loan Document the Borrower shall deliver, or cause to be delivered, to the Agent, as agent for the Lenders, the following documents (collectively, the “Borrower’s Security Documents”):
(a) a general security agreement on all the then present and future, personal property, fixed assets, equipment, accounts receivable, Contracts, Intellectual Property and all other assets and undertaking of the Borrower, including Equity Interests of all of its Subsidiaries;
(b) share pledge agreements in respect of all then present and future Equity Interests of all Material Subsidiaries in which it has a direct interest;
(c) a specific assignment of certain Material Agreements, as specified by the Agent, to which the Borrower is a party;
(d) an Intercreditor Agreement in respect of any secured Intercompany Debt in existence on or after the Closing Date;
(e) subject to Section 8.2(h), consent and acknowledgement agreements from the counterparties to Material Agreements to which the Borrower is a party that, when added to the consent and acknowledgement agreements referred to in Section 4.2(d) and all Freely Transferrable Material Agreements, in the aggregate account for not less than 85% of the consolidated revenue of the Borrower for its most recently completed Fiscal Quarter;
(f) subject to Section 8.2(i), blocked accounts agreements or account control agreements, as applicable, in respect of the primary operating bank account(s) maintained by the Borrower with any financial institution other than the Agent; and
(g) such other documents as the Agent may now or hereafter reasonably require to give effect to, register and perfect (or better perfect) the security interests created by the documents referred to in this Section 4.1, in the jurisdiction where such charged assets are located; in each case in form and substance satisfactory to the Agent.
Borrower's Security Documents. (a) The Earnings Account Charge executed by the Borrower in favour of the Security Agent in the form as set out in Exhibit D in respect of the Earnings Account.
(b) The Pledge of Shares in respect of all shares of each Owner executed by the Borrower in favour of the Security Agent substantially in the form set out in Exhibit E and the security of which shall be perfected as set out therein.
Borrower's Security Documents. (a) As security for all Advances made to it and as security for all its other liability or indebtedness, both present and future, hereunder, the Borrower shall assign, by way of security (the "Borrower's Security") in favour of the Administrative Agent as Agent for itself and each Lender, all of its present and after-acquired personal property and shall deliver, or cause to be delivered, the following documents (collectively called the "Borrower's Security Documents") all in form satisfactory to the Administrative Agent and each Lender:
(i) a general security agreement of the Borrower;
(ii) a direction to pay addressed to EDC respecting the receivables of the Borrower insured by EDC acknowledged by EDC;
(iii) a general assignment of receivables of the Borrower;
(iv) an assignment by the Borrower under section 427 of the Bank Act; and
(v) such other documents as the Administrative Agent and each Lender may now or hereafter reasonably require to give effect to, register and perfect the security interests created by the Borrower's Security Documents in the jurisdiction where such charged assets are located.
(b) So long as no Default or Event of Default has occurred and is continuing, any amounts received by the Administrative Agent from EDC pursuant to the direction to pay referred to in Section 10.1(a)(ii) shall be paid to, or to the order of, the Borrower.
(c) The Borrower hereby confirms and agrees that each of the Borrower's Security Documents previously delivered by the Borrower and all of the Borrower's Security continues as security for all Advances made to the Borrower under this Agreement and as security for all of the Borrower's liabilities and indebtedness, both present and future, hereunder notwithstanding any amendments to the Existing Credit Agreement or any future amendments, restatements, extensions or renewals of this Agreement or the Facilities.
Borrower's Security Documents. As collateral security for the Obligations, on or before the Closing Date, the Borrowers shall execute and deliver to the Administrative Agent, each Security Instrument.
Borrower's Security Documents. As security for all Advances made to them and as security for all their other liability or indebtedness, both present and future, hereunder or under any other Loan Document the Borrowers shall deliver, or cause to be delivered, to the Agent, as agent for, Lenders, the following documents (collectively, the “Borrowers’ Security Documents”):
(a) in the case of HudBay, a general security agreement on all the then present and future, personal property, fixed assets, equipment, accounts receivable, Contracts, Intellectual Property and all other assets and undertaking of HudBay including Equity Interests of all of its Subsidiaries;
(b) in the case of HBMS, a share pledge in respect of all then present and future Equity Interests of all Material Subsidiaries in which it has a direct interest;
(c) such other documents as the Agent may now or hereafter reasonably require to give effect to, register and perfect the security interests created by the documents referred to in this Section 4.1, in the jurisdiction where such charged assets are located.
Borrower's Security Documents. As security for all Advances made to it and as security for all its other liability or Debt, both present and future, hereunder or under any other Loan Document the Borrower shall deliver, or cause to be delivered, to the Agent, as agent for, Lenders, the following documents (collectively, the "Borrower's Security Documents"):
(a) in the case of the Borrower, a Canadian law governed security agreement creating a security interest in all the then present and future, personal property, fixed assets, equipment, accounts receivable, Contracts, Intellectual Property and all other assets and undertaking of the Borrower including Equity Interests of all of its Subsidiaries;
(b) in the case of HB (BVI), an amended and restated security agreement (the "Amended and Restated BVI Security Agreement") creating a security interest in all of HB (BVI)'s right title and interest in and to the intercompany loan agreement dated as of May 1, 2013 between HB (BVI) and the Borrower, the HB (BVI) Account and all proceeds therefrom;
Borrower's Security Documents. The Borrower hereby confirms that as security for all Advances made to it and as security for all its other liability or indebtedness, both present and future, hereunder, the Borrower continues to assign, by way of security (the “Borrower’s Security”) in favour of the Lender, all of its receivables howsoever arising in connection with the sale or lease of goods or services by the Borrower to customers located in Canada or the United States and shall deliver, or cause to be delivered, the following documents (collectively called the “Borrower’s Security Documents”) all in form satisfactory to the Lender:
(a) an assignment under Section 427 of the Bank Act (Canada) providing for a charge on the inventories of the Borrower;
(b) a general security agreement granting a first charge against all of the personal property of the Borrower;
(c) a general hypothec on the movable property of the Borrower;
(d) a pledge of the shares of each of the Guarantors;
(e) an unlimited joint and several Guarantee of DI and DAHI;
(f) an unlimited Guarantee of DPI; and
(g) an unlimited Guarantee of each other Guarantor other than DI, DAHI and DPI (if applicable).
