Common use of Charge Clause in Contracts

Charge. 16.1 As a continuing security for the payment and satisfaction on demand of all monies and liabilities and the performance of all obligations hereunder which are now or at any time hereafter may be due, owing or incurred from or by the Customer to DBS Xxxxxxx, the Customer hereby charges to DBS Xxxxxxx, free of all encumbrances and adverse interests, by way of first fixed equitable charge all securities (including but not limited to the Custody Securities) which are or have been deposited with or are held by DBS Xxxxxxx or its nominee; and by way of a first fixed legal mortgage all securities (including but not limited to the Custody Securities), the title to which has been transferred by the Customer or its nominee to DBS Xxxxxxx or its nominee, in each case, including dividends, interests, rights, monies or property accruing in respect thereof. Save for the charge mentioned in this Clause, the Customer will not create nor will the Customer allow to be created any security interest of whatsoever nature over any part or all of the securities (including but not limited to the Custody Securities) without the prior consent in writing of DBS Xxxxxxx. 16.2 The Customer shall, upon request by DBS Xxxxxxx, forthwith execute all such transfers and other documents as may be necessary to enable DBS Xxxxxxx or its nominee to perfect the charge, to be registered as owner of, or otherwise obtain legal title to, any securities deposited with or held by it and which are charged to DBS Xxxxxxx pursuant to Clause A16.1 above. 16.3 Subject to DBS Xxxxxxx being satisfied that all obligations and liabilities of the Customer in this Agreement have been duly performed or observed, DBS Xxxxxxx may re-transfer or re-deliver any securities charged to DBS Xxxxxxx at any time and shall do so upon request by the Customer. 16.4 Nothing in this Agreement shall restrict the operation of any general lien or other rights or lien whatsoever which DBS Xxxxxxx may be entitled to under general law.

Charge. 16.1 As a 6.1 You, as beneficial owner, hereby charge in favour of CSSS by way of first fixed charge all your respective rights, title, benefits and interests in and to all Collateral as continuing security (the "Charge") for the payment and satisfaction on demand of all monies and liabilities and the performance of all obligations hereunder liabilities, whether actual or contingent, which are may now or at any time hereafter may be due, due or owing or incurred from or by the Customer you to DBS Xxxxxxx, the Customer hereby charges to DBS Xxxxxxx, free of all encumbrances and adverse interests, by way of first fixed equitable charge all securities (including but not limited to the Custody Securities) which are or have been deposited CSSS in connection with or are held by DBS Xxxxxxx or its nominee; and by way of a first fixed legal mortgage all securities (including but not limited to the Custody Securities), the title to which has been transferred by the Customer or its nominee to DBS Xxxxxxx or its nominee, in each case, including dividends, interests, rights, monies or property accruing in respect thereof. Save for the charge mentioned in this Clause, the Customer will not create nor will the Customer allow to be created any security interest of whatsoever nature over any part or all of the securities (including but not limited to the Custody Securities) without the prior consent in writing of DBS Xxxxxxx. 16.2 The Customer shall, upon request by DBS Xxxxxxx, forthwith execute all such transfers and other documents as may be necessary to enable DBS Xxxxxxx or its nominee to perfect the charge, to be registered as owner of, or otherwise obtain legal title to, any securities deposited with or held by it and which are charged to DBS Xxxxxxx pursuant to Clause A16.1 above. 16.3 Subject to DBS Xxxxxxx being satisfied that all obligations and liabilities of the Customer in this Agreement have been duly performed or observed, DBS Xxxxxxx may re-transfer or re-deliver any securities charged to DBS Xxxxxxx at any time and shall do so upon request by the Customer. 16.4 Nothing in this Agreement shall restrict the operation of the Margin Account or otherwise together with interest from the date of demand to the date of repayment and all costs, charges, fees and expenses incurred by CSSS in exercising any general lien of its rights under the Margin Facility Terms. 6.2 The Charge shall be a continuing security notwithstanding any intermediate payment or settlement of Account or satisfaction of the whole or any part of any sum owing by you to CSSS and/or any Group Members and notwithstanding the closing of any of your Accounts with CSSS which are subsequently reopened or the subsequent opening of any Account by you either alone or jointly with others and shall extend to cover all or any sum of monies which shall for the time being constitute the balance due from you to CSSS or any Group Members on any Account or otherwise. 6.3 You hereby represent and warrant that: (a) the Collateral is legally and beneficially owned by you; (b) you are entitled to deposit the Collateral with CSSS or any Group Members; (c) the Collateral is and will remain free from any lien, charge or encumbrance of any kind; and (d) any stocks, shares and other securities comprised in the Collateral are and will be fully paid up. 6.4 Upon irrevocable payment in full of all sums which may be or become payable under the Agreement and the full performance of your obligations under the Margin Facility Terms, CSSS will at your request and expense release to you all the rights, title and interests of CSSS in the Collateral and will give such instructions and directions as you may require in order to perfect such release. 6.5 Until the Charge becomes enforceable, (a) CSSS will have the right, subject only to giving you notice, to exercise rights relating to the Collateral to protect the value of the Collateral; and (b) except as otherwise provided in the Margin Facility Terms, you may direct the exercise of other rights attaching to, or lien whatsoever connected with, the Collateral, but not in any manner which DBS Xxxxxxx is inconsistent with your obligations under the Margin Facility Terms, or which in any way may prejudice CSSS’ rights in relation to the Collateral. 6.6 If any moneys paid to CSSS in respect of the Margin Facility are required to be repaid by virtue of any law relating to insolvency, bankruptcy or dissolution or for any other reason, CSSS shall be entitled to under general lawenforce the Margin Facility Terms as if such moneys had not been paid to it.

Charge. 16.1 15.1 As a continuing security for the payment and satisfaction on demand of all monies and liabilities and the performance of all obligations hereunder which are now or at any time hereafter may be due, owing or incurred from or by the Customer to DBS XxxxxxxBank, the Customer hereby charges to DBS Xxxxxxxbank, free of all encumbrances and adverse interests, by way of first fixed equitable charge all securities (including but not limited to the Custody Securities) which are or have been deposited with or are held by DBS Xxxxxxx Bank or its nominee; and by way of a first fixed legal mortgage all securities (including but not limited to the Custody Securities)securities, the title to which has been transferred by the Customer customer or its nominee to DBS Xxxxxxx Bank or its nominee, in each case, including dividends, interests, rights, monies or property accruing in respect thereof. Save for hereof. 15.2 All securities financed by the charge mentioned Margin Facility (including all securities received in this Clauserespect of such securities as a result of bonus issues, distributions, mergers and other corporate actions) and all securities deposited and custodized in the Account by the Customer will not create nor will be held in a sub-account of DBS Bank’s account with DBS Xxxxxxx (or with any other broker, nominee or custodian nominated by DBS Bank) as collateral for the Margin Facility and are subject to the security referred to in Clause 14.1 above. The Customer allow to be created any agrees that he shall grant the security interest over such Securities in favour of whatsoever nature over any part or all DBS Bank as soon as such securities have been accepted by DBS Bank for financing under the Facility and such security interest shall arise in favour of DBS Bank as soon as the securities (including but not limited are settled and transferred to the Custody Securities) without the prior consent in writing of DBS XxxxxxxCustomer’s securities account/ sub-account or to his order. 16.2 15.3 The Customer shall, upon request by DBS XxxxxxxBank, forthwith execute all such transfers and other documents as may be necessary to enable DBS Xxxxxxx Bank or its nominee to perfect the charge, to be registered as owner of, or otherwise obtain legal title to, any securities deposited with or held by it and which are charged to DBS Xxxxxxx Bank pursuant to Clause A16.1 A14.1 above. 16.3 15.4 Subject to DBS Xxxxxxx Bank being satisfied that all obligations and liabilities of the Customer in this Agreement have been duly performed or observed, DBS Xxxxxxx Bank may re-transfer or re-deliver any securities charged to DBS Xxxxxxx Bank at any time and shall do so upon request by the Customer. 16.4 15.5 Nothing in this Agreement shall restrict the operation of any general lien or other rights or lien whatsoever which DBS Xxxxxxx Bank may be entitled to under general law.

Charge. 16.1 As a 6.1 You, as beneficial owner, hereby charge in favour of CSSS by way of first fixed charge all your respective rights, title, benefits and interests in and to all Collateral as continuing security (the "Charge") for the payment and satisfaction on demand of all monies and liabilities and the performance of all obligations hereunder liabilities, whether actual or contingent, which are may now or at any time hereafter may be due, due or owing or incurred from or by the Customer you to DBS Xxxxxxx, the Customer hereby charges to DBS Xxxxxxx, free of all encumbrances and adverse interests, by way of first fixed equitable charge all securities (including but not limited to the Custody Securities) which are or have been deposited CSSS and/or any Group Members in connection with or are held by DBS Xxxxxxx or its nominee; and by way of a first fixed legal mortgage all securities (including but not limited to the Custody Securities), the title to which has been transferred by the Customer or its nominee to DBS Xxxxxxx or its nominee, in each case, including dividends, interests, rights, monies or property accruing in respect thereof. Save for the charge mentioned in this Clause, the Customer will not create nor will the Customer allow to be created any security interest of whatsoever nature over any part or all of the securities (including but not limited to the Custody Securities) without the prior consent in writing of DBS Xxxxxxx. 16.2 The Customer shall, upon request by DBS Xxxxxxx, forthwith execute all such transfers and other documents as may be necessary to enable DBS Xxxxxxx or its nominee to perfect the charge, to be registered as owner of, or otherwise obtain legal title to, any securities deposited with or held by it and which are charged to DBS Xxxxxxx pursuant to Clause A16.1 above. 16.3 Subject to DBS Xxxxxxx being satisfied that all obligations and liabilities of the Customer in this Agreement have been duly performed or observed, DBS Xxxxxxx may re-transfer or re-deliver any securities charged to DBS Xxxxxxx at any time and shall do so upon request by the Customer. 16.4 Nothing in this Agreement shall restrict the operation of any general lien Account or otherwise together with interest from the date of demand to the date of repayment and all costs, charges, fees and expenses incurred by CSSS and/or any Group Members in exercising any of its rights under the Margin Facility Terms. 6.2 The Charge shall be a continuing security notwithstanding any intermediate payment or settlement of Account or satisfaction of the whole or any part of any sum owing by you to CSSS and/or any Group Members and notwithstanding the closing of any of your Accounts with CSSS which are subsequently reopened or the subsequent opening of any Account by you either alone or jointly with others and shall extend to cover all or any sum of monies which shall for the time being constitute the balance due from you to CSSS or any Group Members on any Account or otherwise. 6.3 You hereby represent and warrant that: (a) the Collateral is legally and beneficially owned by you; (b) you are entitled to deposit the Collateral with CSSS or any Group Members; (c) the Collateral is and will remain free from any lien, charge or encumbrance of any kind; and (d) any stocks, shares and other securities comprised in the Collateral are and will be fully paid up. 6.4 Upon irrevocable payment in full of all sums which may be or become payable under the Agreement and the full performance of your obligations under the Margin Facility Terms, CSSS will at your request and expense release to you all the rights, title and interests of CSSS in the Collateral and will give such instructions and directions as you may require in order to perfect such release. 6.5 Until the Charge becomes enforceable (a) CSSS will have the right, subject only to giving you notice, to exercise rights relating to the Collateral to protect the value of the Collateral; and (b) except as otherwise provided in the Margin Facility Terms, you may direct the exercise of other rights attaching to, or lien whatsoever connected with, the Collateral, but not in any manner which DBS Xxxxxxx is inconsistent with your obligations under the Margin Facility Terms, or which in any way may prejudice CSSS’ rights in relation to the Collateral. 6.6 If any moneys paid to CSSS in respect of the Margin Facility are required to be repaid by virtue of any law relating to insolvency, bankruptcy or dissolution or for any other reason, CSSS shall be entitled to under general lawenforce the Margin Facility Terms as if such moneys had not been paid to it.

Charge. 16.1 As 3.1 The Client, as beneficial owner, charges in favour of SDICSI SECURITIES by way of first fixed charge all the Client's respective rights, title, benefits and interests in and to all Collateral as a continuing security ("Charge") for the payment and satisfaction on demand of all monies and liabilities (absolute or contingent) and the performance of all obligations hereunder under the Margin Facility Terms which are now or at any time hereafter may be due, owing or incurred from or by the Customer Client to DBS XxxxxxxSDICSI SECURITIES or its Associates, or for which the Customer hereby charges Client may be or become liable to DBS Xxxxxxx, free SDICSI SECURITIES or its Associates on any account or in any manner whatsoever (whether alone or jointly with any other person and in whatever name style or firm) together with interest from the date of all encumbrances and adverse interests, by way of first fixed equitable charge all securities (including but not limited demand to the Custody Securities) which are or have been deposited with or are held by DBS Xxxxxxx date of repayment, and any commission, legal and other costs, charges and expenses as they appear in the records of SDICSI SECURITIES or its nominee; and by way Associates. 3.2 The Charge shall be a continuing security notwithstanding any intermediate payment or settlement of a first fixed legal mortgage all securities (including but not limited to account or satisfaction of the Custody Securities), the title to which has been transferred whole or any part of any sum owing by the Customer or Client to SDICSI SECURITIES and/or its nominee to DBS Xxxxxxx or its nominee, in each case, including dividends, interests, rights, monies or property accruing in respect thereof. Save for Associates and notwithstanding the charge mentioned in this Clause, the Customer will not create nor will the Customer allow to be created closing of any security interest of whatsoever nature over any part or all of the securities (including but not limited to the Custody Securities) without the prior consent in writing of DBS Xxxxxxx. 16.2 The Customer shall, upon request by DBS Xxxxxxx, forthwith execute all such transfers and other documents as may be necessary to enable DBS Xxxxxxx or its nominee to perfect the charge, to be registered as owner of, or otherwise obtain legal title to, any securities deposited Client's accounts with or held by it SDICSI SECURITIES and which are charged subsequently reopened or the subsequent opening of any account by the Client either alone or jointly with others and shall extend to DBS Xxxxxxx pursuant cover all or any sum of monies which shall for the time being constitute the balance due from the Client to Clause A16.1 aboveSDICSI SECURITIES or its Associates on any account or otherwise. 16.3 Subject 3.3 The Client represents and warrants that the Collateral is legally and beneficially owned by the Client, that the Client is entitled to DBS Xxxxxxx being satisfied deposit the Collateral with SDICSI SECURITIES or its Associates, that the same is and will remain free from any lien, charge or encumbrance of any kind, and any stocks, shares and other securities comprised in the Collateral are and will be fully paid up. 3.4 Upon irrevocable payment in full of all obligations sums which may be or become payable under the Cash Client Agreement and liabilities the full performance of the Customer Client's obligations under the Margin Facility Terms, SDICSI SECURITIES will at the Client's request and expense release to the Client all the rights, title and interests of SDICSI SECURITIES in the Collateral and will give such Instructions and directions as the Client may require in order to perfect such release. 3.5 Until the Charge becomes enforceable, (i) SDICSI SECURITIES will have the right, subject only to giving the Client notice, to exercise rights relating to the Collateral to protect the value of the Collateral; and (ii) except as otherwise provided in this Agreement have been duly performed Schedule, the Client may direct the exercise of other rights attaching to, or observedconnected with, DBS Xxxxxxx may re-transfer or re-deliver the Collateral, but not in any securities charged to DBS Xxxxxxx at any time and shall do so upon request by manner which is inconsistent with the Customer. 16.4 Nothing Client's obligations under the terms in this Agreement shall restrict Schedule, or which in any way may prejudice SDICSI SECURITIES's rights in relation to the operation of any general lien or other rights or lien whatsoever which DBS Xxxxxxx may be entitled to under general lawCollateral.

Charge. 16.1 As a continuing security for the payment and satisfaction on demand of all monies and liabilities and the performance of all obligations hereunder which are now or at any time hereafter may be due, owing or incurred from or by the Customer to DBS XxxxxxxDBS, the Customer hereby charges to DBS XxxxxxxDBS, free of all encumbrances and adverse interests, by way of first fixed equitable charge (a) all securities (including but not limited moneys and assets from time to time deposited into or standing to the Custody Securitiescredit or earned on any omnibus customer account maintained by DBS that are attributable to the Customer or to which the Customer is beneficially entitled, (b) which are all benefits and interests arising from or have been deposited attaching to all Transactions transacted by DBS or its nominees as agent on the Customer’s behalf pursuant to or in connection with the Clearing and Execution Services, and (c) all of the Customer’s rights, title and interest in any Account, and all Margin, securities, commodities, monies or are other assets held in any Account (including, in the case of cash Margin held by DBS Xxxxxxx or its nomineethe Bank in accordance with Clause A6, the Customer’s rights to repayment of the cash Margin) ((a), (b) and (c) together, the “Charged Assets”); and by way of a first fixed legal mortgage all securities (including but not limited to the Custody Securities)Charged Assets, the title to which has been transferred by the Customer or its nominee to DBS Xxxxxxx or its nominee, in each case, including proceeds, benefits, dividends, interests, rights, monies monies, assets or property accruing or arising in respect thereof. Save for the charge mentioned in this Clause, the Customer will not create nor will the Customer allow to be created any security interest of whatsoever nature over any part or all of the securities (including but not limited to the Custody Securities) Charged Assets without the prior consent in writing of DBS XxxxxxxDBS. 16.2 The Customer shall, upon request by DBS XxxxxxxDBS, forthwith execute all such transfers and other documents as may be necessary to enable DBS Xxxxxxx or its nominee to perfect the charge, to be registered as owner of, of or otherwise obtain legal title to, any securities deposited with or held by it and which are charged to DBS Xxxxxxx pursuant to Clause A16.1 aboveCharged Assets. 16.3 Without prejudice and in addition to any other rights or powers that DBS may be entitled to under general law, the security created over the Charged Assets shall become immediately enforceable upon the occurrence of a Default with respect to the Customer, whether or not such Default is continuing. 16.4 Subject to DBS Xxxxxxx being satisfied that all obligations and liabilities of the Customer in this Agreement have been duly performed or observed, DBS Xxxxxxx may re-transfer or re-deliver any securities charged to DBS Xxxxxxx at any time Charged Assets and shall do so upon request by the Customer. 16.4 16.5 Nothing in this Agreement shall restrict the operation of any general lien or other rights or lien whatsoever which DBS Xxxxxxx may be entitled to under general law.

Charge. 16.1 As a continuing security for the payment and satisfaction on demand of all monies and liabilities and the performance of all obligations hereunder which are now or at any time hereafter may be due, owing or incurred from or by the Customer to DBS XxxxxxxDBS, the Customer hereby charges to DBS XxxxxxxDBS, free of all encumbrances and adverse interests, by way of first fixed equitable charge (a) all securities (including but not limited moneys from time to time deposited into or standing to the Custody Securities) which are credit or have been deposited with or are held earned on any omnibus customer account maintained by DBS Xxxxxxx that are attributable to the Customer or to which the Customer is beneficially entitled and (b) all benefits and interests arising from or attaching to all Transactions transacted by DBS or its nomineenominees as agent on the Customer’s behalf pursuant to or in connection with the Clearing and Execution Services ((a) and (b) together, the “Charged Assets”); and by way of a first fixed legal mortgage all securities (including but not limited to the Custody Securities)Charged Assets, the title to which has been transferred by the Customer or its nominee to DBS Xxxxxxx or its nominee, in each case, including proceeds, benefits, dividends, interests, rights, monies monies, assets or property accruing or arising in respect thereof. Save for the charge mentioned in this Clause, the Customer will not create nor will the Customer allow to be created any security interest of whatsoever nature over any part or all of the securities (including but not limited to the Custody Securities) Charged Assets without the prior consent in writing of DBS XxxxxxxDBS. 16.2 The Customer shall, upon request by DBS XxxxxxxDBS, forthwith execute all such transfers and other documents as may be necessary to enable DBS Xxxxxxx or its nominee to perfect the charge, to be registered as owner of, of or otherwise obtain legal title to, any securities deposited with or held by it and which are charged to DBS Xxxxxxx pursuant to Clause A16.1 aboveCharged Assets. 16.3 Subject to DBS Xxxxxxx being satisfied that all obligations and liabilities of the Customer in this Agreement have been duly performed or observed, DBS Xxxxxxx may re-transfer or re-deliver any securities charged to DBS Xxxxxxx at any time Charged Assets and shall do so upon request by the Customer. 16.4 Nothing in this Agreement shall restrict the operation of any general lien or other rights or lien whatsoever which DBS Xxxxxxx may be entitled to under general law.

Charge. 16.1 As a continuing security for the payment and satisfaction on demand of all monies and liabilities and the performance of all obligations hereunder which are now or at any time hereafter may be due, owing or incurred from or by the Customer to DBS Xxxxxxx, the Customer hereby charges to DBS Xxxxxxx, free of o f all encumbrances and adverse interests, by way of first fixed equitable charge all securities (including but not limited to the Custody Securities) which are or have been deposited with or are held by DBS Xxxxxxx or its nominee; and by way of a first fixed legal mortgage all securities (including but not limited to the Custody SecuritiesCustodySecurities), the title to which has been transferred by the bythe Customer or its nominee to DBS Xxxxxxx or its nominee, in each case, including dividends, interests, rights, monies or property accruing in respect thereof. Save for the charge mentioned in this Clause, the Customer will not create nor will the Customer allow to be created any security interest of whatsoever nature over any part or all of the securities (including but not limited to the Custody Securities) without the prior consent in writing of DBS Xxxxxxx. 16.2 The Customer shall, upon request by DBS Xxxxxxx, forthwith execute all such transfers and other documents as may be necessary to enable DBS Xxxxxxx or its nominee to perfect the charge, to be registered as owner of, or otherwise obtain legal title to, any securities deposited with or held by it and which are charged to DBS Xxxxxxx pursuant to Clause A16.1 above. 16.3 Subject to DBS Xxxxxxx being satisfied that all obligations and liabilities of the Customer in this Agreement have been duly bee n dul y performed or observed, DBS Xxxxxxx may reDBSVickers mayre-transfer or reorre-deliver any securities charged to DBS Xxxxxxx at any time and shall do so upon request by the Customer. 16.4 Nothing in this Agreement shall restrict the operation of any o f a ny general lien or other rights or lien whatsoever which DBS Xxxxxxx may be entitled to under general law.