Collaterals. General provisions
Collaterals. 3.1 Please refer to the Collaterals List for details of the Collaterals. Such list attached to this Contract shall have the same force and effect with this Contract.
3.2 Party A's mortgages shall be extended to accessory things, accessory rights, attachments, additions, natural and legal fruits, substitutes of and arising from the Collaterals, and insurance proceeds, damages and compensations arising from loss, destruction or forfeiture of the Collaterals.
3.3 If the Collaterals are seized by the People's Court according to law due to any failure to perform its due obligations by the Debtor or realization of mortgages hereunder, Party A shall be entitled to collect natural and legal fruits from the Collaterals from the date of such seizure. And such fruits shall be firstly used for paying for collection of the same.
3.4 The agreed values of Collaterals on the Collaterals List shall not be deemed as the appraisal grounds for disposal of such Collaterals by Party A, nor limit Party A's rights to exercise the mortgages.
3.5 Unless otherwise as provided in the laws, title certificates and relevant information of Collaterals shall be kept by Party A after they are jointly confirmed by Party A and Party B.
3.6 During the mortgage, Party B shall keep the Collaterals in good conditions without reducing their values by using such Collaterals in an unreasonable manner. Meanwhile, Party A shall be entitled to have access to the use of Collaterals from time to time.
3.7 Party B shall promptly inform Party A of any destruction, loss or forfeiture of the Collaterals, as well as submit to Party A the certifications specifying any such destruction, loss or forfeiture issued by relevant competent authorities or department in a timely manner.
3.8 If the Collaterals are destroyed, lost or forfeited, the insurance proceeds, damages or compensations obtained by Party B shall be applied to clear the Debtor's obligations under the Principal Contracts in advance, or to recover values of Collaterals upon consents of Party A, or shall be deposited into an account as designated by Party A, so as to guarantee performance of obligations under the Principal Contracts. The values of Collaterals that have not been reduced shall be applied to guarantee the Principal Claims.
3.9 Party B shall cease any of its activities that is enough to reduce values of the Collaterals; if values of the Collaterals are reduced due to any such activities, it shall be obligated to recover values of the Coll...
Collaterals. This Appendix specifies the collaterals that the BRP shall provide to eSett as security for its obligations in the Imbalance Settlement, and the procedures that shall be followed in the administration of these collaterals. Capitalized terms not defined in this Appendix shall have the same meaning as in the Main Agreement.
Collaterals. As collateral for any and all of my /our obligations and liabilities under the Margin Account, you are authorized to constitute and create a general lien and security interest in your favor over any and all of my/our securities and contracts, including all kinds of dividends and all other rights, options and interests pertaining thereto which may now or hereafter be held or carried by FMSBC for my/our account (whether owned wholly or jointly with others), for the immediate and full settlement and performance of any and all of my/our obligations and liabilities under and by virtue of the Margin Account regardless of whether or not FMSBC has made advances in connection with such securities and/or exercised at any time any of its rights and powers under this MTA.
Collaterals. As collaterals to the fulfillment of all the lessee’s obligations according to this contract, the Lessee would provide the Lessor, no later than 7 days after the signing of this Contract, with all the collaterals as detailed hereinafter:
20.1 An unconditional, endorsable Bank guaranty, prepared for the Lessor benefit, realizable in proportional payments, stamped according to law, on the Lessee’s account, to be valid for the whole duration of the lease, and 90 days after the end of that lease, at the sum of 9 (nine) months of the monthly lease payments, along with 9 (nine) months of Maintenance Fee payments, plus VAT for all those payments, while the sum of the guaranty is indexed according to the basic index. To remove any doubt, in any case of rise in lease payments, the Lessee would have to enlarge this aforementioned guaranty accordingly. In case this contract grants the Lessee with the right to lengthen lease duration, and had the Lessee made use of this right, the Lessee would provide to the Lessor, along with his notification about the use of that right, and as a precondition to the validity of said notice, a bank guaranty as aforementioned, to be valid until 90 (ninety) days after the end of lease period, including lengthened extent, as he wishes to lengthen it in his notice. The Lessee would cover all expenses of said bank guaranty, including stamps expenses, guaranty renovation and guaranteeing bank commissions.
20.2 The Lessor would be allowed, at his sole discretion, and without any preliminary notice, realize the guaranty, in whole or partially, in case of any breach of this lease contract by the Lessee, or in a case where payments, due to the Lessor by the Lessee, were not paid in time. After 90 (ninety) days from the end of the lease period, and after the Lessor has been satisfyingly assured that the Lessee had fulfilled all his obligations according to this Contract, the Bank guaranty would be returned to the Lessee.
20.3 To remove any doubt, the provision of the aforementioned collaterals or a part of them, and /or realization of said collaterals by the Lessor, would not diminish the right or support given to the Lessor and/or the managing company by law and/or by this contract, or diminish from the Lessor and/or his Managing Company right to collect all that is awed to them from the Lessee in any other way, or for releasing the Lessee from any of his obligations according to this contract, or limit compensation and/ or damages that the Les...
Collaterals. (1) The Mortgagor agrees to use the following properties (as detailed in the List of Collaterals (No.: see 18.8) as the collaterals.
(2) The appraised price/agreed price of the collaterals is RMB (in words) see 18.3, and the ultimate value of the collaterals shall be subject to the net income from the actual disposal of the collaterals when the mortgage rights are exercised. Agreements on the value of the collaterals as specified in the List of Collaterals shall not serve as the basis of valuation when the Mortgagee disposes of the collaterals, nor shall it constitute any restrictions on the Mortgagee's exercise of the mortgage rights hereunder.
Collaterals. 14.1. In justified events, the TSO may request reasonable collateral from the BRP. The BRP shall be informed in writing of the reasons for requesting such collateral. The collateral shall be provided within 10 WDs after its request. A justified reason is deemed to exist, in particular, if
a. the BRP has been in default of due payments in a significant amount with regard to its economic capacity, twice within 12 calendar months and has not made the payment, despite an express request;
b. foreclosure measures due to outstanding debts in a material amount with regard to its economic capacity (German law: Zivilprozeßordnung [ZPO]) §§ 803-882a ZPO (Code of Civil Procedure)) were initiated against the BRP,
c. an application for the initiation of insolvency proceedings over the BRP’s assets was filed and the BRP does not evidence the unfairness of such application within the period defined in sentence 3; if the BRP is unable to evidence the unfairness within the period in sentence 3, the collateral shall be provided immediately after the end of the period;
d. the BRP is unable to dispel the worries that the BRP will not be able to meet the obligations arising from this Contract which is justified by an information which the TSO obtained on the BRP or by other circumstances, within the period mentioned in sentence 3, by way of suitable evidence of its creditworthiness such as e.g. a current business report, an extract from the commercial register or, in case of need, by other current information which are relevant for the creditworthiness. The information obtained or the other information, on which the justified worries are based, shall be disclosed completely to the BRP when the request for the collateral is made.
14.2. The collateral shall be deemed to be reasonable, if it corresponds to the sum of the average energy supplies from the balancing group to grid connections over a period of 7 days as well as the average quantity of energy of the trading transactions handled through the balancing group for 33.5 hours each, multiplied by the average of the reBAP of the last 12 calendar months.
Collaterals. 9.1 With reference to collateral requirements in the respective BSP Agreement or in another agreement with, or terms and conditions set forth by TSO, eSett may require collateral as security for the performance of its obligations under this Agreement. If required, the BSP shall provide Collateral to eSett in the manner and time stipulated by eSett. eSett uses Collaterals to mitigate the settlement risk, and shall therefore have the right to enforce the provided Collaterals in accordance with the Collateral terms specified in Appendix 2. The Collateral terms specify, among other things, how the Collaterals are determined, lodged, monitored and returned.
9.2 Assessment of Collaterals will take place continuously as to whether the collateral requirements are to be increased or decreased. BSP shall make sure that the Collaterals cover the collateral requirement valid at any time continuously. If the collateral requirement exceeds the Collateral provided, BSP shall increase the amount of the Collateral immediately at its own initiative.
Collaterals. Collateral Appendix defines the collateral requirements eSett may require as security for the performance of BSP obligations under this Agreement. Collaterals are defined with reference to collateral requirements in the respective BSP Agreement or in another agreement with TSO, or terms and conditions set forth by TSO.
Collaterals. 22.1. To secure full and accurate repayment of any amount which the Company owes and/or is to owe the Lenders with respect to and/or in connection with the Credit Amounts, the Collaterals set forth below shall be created and recorded in favor of the Security Trustee, on behalf of the Lenders, and shall be first-ranking and unlimited in amount, in the form attached hereto as Appendices 22.1.1, 22.1.2 and 22.1.3:
