Canadian Terms. For purposes of any assets, liabilities or entities located in the Province of Québec and for all other purposes pursuant to which the interpretation or construction of this Agreement may be subject to the laws of the Province of Québec or a court or tribunal exercising jurisdiction in the Province of Québec, (i) “personal property” shall be deemed to include “movable property”, (ii) “real property” shall be deemed to include “immovable property”, (iii) “tangible property” shall be deemed to include “corporeal property”, (iv) “intangible property” shall be deemed to include “incorporeal property”, (v) “security interest”, “mortgage” and “lien” shall be deemed to include a “hypothec”, “prior claim”, “reservation of ownership” and a “resolutory clause”, (vi) all references to filing, registering or recording under the UCC or PPSA shall be deemed to include publication under the Civil Code of Québec, (vii) all references to “perfection” of or “perfected” liens or security interest shall be deemed to include a reference to an “opposable” or “set up” hypothec as against third persons, (viii) any “right of offset”, “right of setoff” or similar expression shall be deemed to include a “right of compensation”, (ix) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (x) an “agent” shall be deemed to include a “mandatary”, (xi) “construction liens” shall be deemed to include “legal hypothecs in favour of persons having taken part in the construction or renovation of an immovable”; (xii) “joint and several” shall be deemed to include “solidary”; (xiii) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”; (xiv) “beneficial ownership” shall be deemed to include “ownership”; (xv) “legal title” shall be deemed to include “holding title on behalf of an owner as mandatary or xxxxx-nom”; (xvi) “
Appears in 3 contracts
Samples: First Lien Credit Agreement (Amaya Inc.), Second Lien Credit Agreement (Amaya Inc.), First Lien Credit Agreement (Amaya Inc.)
Canadian Terms. For purposes of any assets, liabilities or entities located in the Province of Québec and for all other purposes pursuant to which the interpretation or construction of In this Agreement may be subject to the laws of the Province of Québec or a court or tribunal exercising jurisdiction in the Province of QuébecAgreement, (i) any term defined in this Agreement by reference to the “Uniform Commercial Code” shall also have any extended, alternative or analogous meaning given to such term in applicable Canadian personal propertyproperty security and other Laws (including, without limitation, the PPSA, the Bills of Exchange Act (Canada) and the Depositor, Bills and Notes Act (Canada)), in all cases for the extension, preservation or betterment of the security and rights of the Agent, (ii) all references in this Agreement to “Article 8 of the Code” or “Article 8 of the Uniform Commercial Code” shall be deemed to include “movable property”refer also to applicable Canadian securities transfer Laws (including, without limitation, the Securities Transfer Act (Alberta) or similar legislation in any other province of Canada), (iiiii) “real property” all references in this Agreement to the United States Copyright Office or the United States Patent and Trademark Office shall be deemed to include “immovable property”refer also to the Canadian Intellectual Property Office and/or the applicable divisions thereof, (iiiiv) “tangible property” all references in this Agreement to a financing statement, continuation statement, amendment or termination statement shall be deemed to include “corporeal property”refer also to the analogous documents used under applicable Canadian personal property security Laws, (ivv) “intangible property” all references to the United States of America, or to any subdivision, department, agency or instrumentality thereof shall be deemed to include “incorporeal property”refer also to Canada, (v) “security interest”or to any subdivision, “mortgage” and “lien” shall be deemed to include a “hypothec”department, “prior claim”, “reservation of ownership” and a “resolutory clause”agency or instrumentality thereof, (vi) all references to filing, registering federal or recording under state securities law of the UCC or PPSA United States shall be deemed to include publication under the Civil Code of Québecrefer also to analogous federal, provincial and territorial securities Laws in Canada, (vii) all references to “perfection” of state or “perfected” liens or security interest shall be deemed to include a reference to an “opposable” or “set up” hypothec as against third persons, (viii) any “right of offset”, “right of setoff” or similar expression shall be deemed to include a “right of compensation”, (ix) “goodsfederal bankruptcy laws” shall be deemed to include “corporeal movable property” other than chattel paperrefer also to any in effect in Canada or under Canadian law, documents of title, instruments, money and securities, (xviii) an “agent” all references to Liens shall be deemed to include a refer also to hypothecs. In addition, without limiting the foregoing, the terms “mandataryaccounts”, (xi) “construction lienschattel paper”, “goods”, “instruments”, “intangibles”, “proceeds”, “securities”, “investment property”, “document of title”, “inventory” shall be deemed to include and “legal hypothecs in favour of persons having taken part equipment”, as and when used in the construction or renovation description of an immovable”; (xii) “joint and several” Collateral located in Canada shall be deemed have the meanings given to include “solidary”; (xiii) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”; (xiv) “beneficial ownership” shall be deemed to include “ownership”; (xv) “legal title” shall be deemed to include “holding title on behalf of an owner as mandatary or xxxxx-nom”; (xvi) “such terms in the PPSA. [Innovex] 2nd A&R Credit Agreement 52
Appears in 2 contracts
Samples: Security Agreement (Dril-Quip Inc), Security Agreement (Innovex Downhole Solutions, Inc.)