Common use of Company’s Covenants Clause in Contracts

Company’s Covenants. The Company (subject to the rights of FGI under the Permitted Encumbrance) covenants with and undertakes to the Subscriber as follows: 6.1 in accordance with the terms of the Permitted Encumbrance the Company shall take all steps required by contract and law to satisfy its indebtedness to FGI secured by the Permitted Encumbrance no later than 31 January 2009 and to secure the discharge of the registered charges no later than 28 February 2009. 6.2 to register the Debenture with the Registrar of Companies for England and Wales no later than 21 days after the date of execution of this Debenture. 6.3 upon discharge of the Permitted Encumbrance the Company shall take all steps required under the laws of England and Wales to ensure that the Subscriber has a first ranking security interest in the Charged Property. 6.4 if required by the Subscriber to forthwith deposit with the Subscriber all or any documents, deeds, or other papers whatsoever relating to the Charged Property as the Subscriber may require; 6.5 to make timely payment of all lawful amounts in respect of the Charged Property when due including all rents, periodic charges and outgoings of any nature. 6.6 to keep all of the Charged Property in a good state of repair and in proper and good working order and condition and to permit the Subscriber and such other persons as the Subscriber may from time to time appoint for the purpose to enter and view the Charged Property’s state and condition on reasonable notice; 6.7 to insure and keep insured all of the Charged Property which are of an insurable nature against loss or damage by fire and all other usual risks as the Subscriber may require in the full amount of their reinstatement value in such name and in such offices as the Subscriber shall approve in terms not permitting the insurers to cancel the policy of insurance without giving at least 14 days’ notice to the Company and to pay when due all premiums and any other charges necessary for effecting and maintaining such insurance and, if requested by the Subscriber, to have the interest of the Subscriber noted on any policy or policies and if required to deliver to the Subscriber such policy or policies and the receipt for every premium payable in respect of such policy or policies; 6.8 to hold all money received on any insurance whatsoever in respect of loss, damage or destruction of the Charged Property whether under the covenant in paragraph 6.7 or otherwise on trust for the Subscriber to be applied in making good the loss or damage in respect of which the money is received or in or towards discharge of the sums for the time being owing to the Subscriber under this Debenture as the Subscriber may in its absolute discretion require; 6.9 not without the previous written consent of the Subscriber to create or attempt to create any mortgage, pledge, fixed or floating charge or other encumbrance or security interest on or over any of the Charged Property; 6.10 except for the Permitted Encumbrance, not to take or omit to take any action that might or would have the result of materially impairing the security interests created by this Debenture. The Company will not grant to any person other than the Subscriber and the Noteholders any interest whatsoever in the Charged Property; 6.11 to inform the Subscriber immediately on becoming bound to complete the purchase of any estate or interest in any freehold or leasehold property after the date of this Debenture and to deposit with the Subscriber the deeds and documents of title relating to such property ; 6.12 to execute at any time upon request over all or any of the property referred to in paragraph 6.11, charge by way of legal mortgage in favour of the Subscriber in such form as the Subscriber shall require; 6.13 to execute and do all such assurances and things including (without prejudice to the generality of the foregoing) legal mortgages, charges and assignments as the Subscriber may require for perfecting the security constituted by this Debenture and for facilitating the realisation of the Charged Property and for exercising all powers, authorities and discretions conferred by this Debenture upon the Subscriber or any receiver appointed by the Subscriber and to give notice of any such assurance or other thing to any person the Subscriber may require; 6.14 to comply with any and all covenants and undertakings which the Company has entered into in the other Transaction Documents.

Company’s Covenants. 10.1 The Company (subject declares, represents and covenants to the Debenture Trustee that the Company shall execute all such deeds, documents and assurances and do all such acts and things as the Debenture Trustee may reasonably require for exercising the rights under this Deed and the Debentures and for perfecting this Deed and the security created in favour of FGI under the Permitted Encumbrance) Debenture Trustee for the benefit of the Debenture Holder(s). 10.2 The Company hereby covenants with the Debenture Trustee that the Company will, at all times during the term of this Deed, (except as may otherwise be previously agreed in writing by the Debenture Trustee): a) Carry on and undertakes to the Subscriber as follows: 6.1 conduct its business with due diligence and efficiency and in accordance with sound managerial and financial standards and business practices with qualified and experienced management and personnel; b) Utilise the terms monies received upon subscription to the Debentures solely towards the purpose stated in the Information Memorandum and/or the relevant Pricing Supplement. The Company shall procure and furnish to the Debenture Trustee a certificate from the Auditor/ Chartered Accountant in Practice of the Permitted Encumbrance the Company shall take all steps required by contract and law to satisfy its indebtedness to FGI secured by the Permitted Encumbrance no later than 31 January 2009 and to secure the discharge of the registered charges no later than 28 February 2009. 6.2 to register the Debenture with the Registrar of Companies for England and Wales no later than 21 days after the date of execution of this Debenture. 6.3 upon discharge of the Permitted Encumbrance the Company shall take all steps required under the laws of England and Wales to ensure that the Subscriber has a first ranking security interest in the Charged Property. 6.4 if required by the Subscriber to forthwith deposit with the Subscriber all or any documents, deeds, or other papers whatsoever relating to the Charged Property as the Subscriber may require; 6.5 to make timely payment of all lawful amounts in respect of the Charged Property when due including all rents, periodic charges and outgoings utilisation of any nature. 6.6 to keep all funds raised by the issue of the Charged Property in a good state Debentures; c) Keep proper books of repair account as required by the Act and therein make true and proper entries of all dealings and transactions of and in proper relation to the business of the Company and good working order keep the said books of account and condition all other books, registers and other documents relating to permit the Subscriber affairs of the Company at its Registered Office or, where permitted by Applicable Law, at other place or places where the books of account and such other persons as documents of a similar nature may be kept. The said books of account and the Subscriber may from time to time appoint charged assets will be kept open for inspection of the purpose to enter and view the Charged Property’s state and condition Debenture Trustees on receipt of reasonable notice; 6.7 d) Give to the Debenture Trustee such information as the Debenture Trustee shall reasonably require as to all matters relating to the business, property and affairs of the Company and at the time of the issue thereof to the shareholders of the Company furnish to the Debenture Trustee copies of every balance sheet, profit and loss account or circulars or notices, issued to the shareholders of the Company; e) If required under the Applicable Law, insure and keep insured all of upto the Charged Property replacement value thereof or on such other basis as approved by the Debenture Trustee (including surveyor's and architect's fees) the Mortgage Properties, which are capable of an insurable nature against loss or damage by fire being insured as such and all other usual risks as the Subscriber may require in the full amount of their reinstatement value in such name and in such offices as the Subscriber shall approve in terms not permitting the insurers to cancel the policy of insurance without giving at least 14 days’ notice to the Company and to pay when due all premiums and any other charges necessary for effecting and maintaining such insurance and, if requested by the Subscriber, to have the interest of the Subscriber noted on any policy or policies and if required to deliver to the Subscriber such policy or policies and the receipt for every premium payable in respect of such policy or policies; 6.8 to hold all money received on any insurance whatsoever in respect of loss, damage or destruction of the Charged Property whether under the covenant in paragraph 6.7 or otherwise on trust for the Subscriber to be applied in making good the loss or damage in respect of which property it is common industry practice to obtain such insurance, against fire, theft, lightning, explosion, earthquake, strike, lock out, civil commotion, xxxxx, xxxxxxx, flood, marine risk, erection risk, war risk and such other risks as may be specified by the money is received or Debenture Trustee and shall duly pay all premia and other sums payable for the purpose. The insurance in or towards discharge respect of the sums for Mortgage Properties, if any, shall be taken in the time being owing name of the Company and if so required by the Debenture Trustee, the loss payee of any such insurance would be the Debenture Trustee and any other person having a charge on the Mortgage Properties and acceptable to the Subscriber under this Debenture as Trustee. The Company shall keep the Subscriber copies of the insurance policies and renewals thereof with the Debenture Trustee, if so required by the Debenture Trustee. In the event of failure on the part of the Company to insure the Mortgage Properties or to pay the insurance premia or other sums referred to above, the Debenture Trustee may in its absolute discretion requirebut shall not be bound to get the Mortgage Properties insured or pay the insurance premia and other sums referred to above which shall be reimbursed by the Company; 6.9 not without f) Ensure that the previous written consent value of the Subscriber Mortgage Properties, shall always be of such value so as to create or attempt to create any mortgagemaintain the Security Cover in terms of this Deed and in this regard if the Debenture Trustee so requires, pledge, fixed or floating charge or other encumbrance or security interest on or over any the Company shall provide a certificate from Auditor of the Charged PropertyCompany/a Chartered Accountant in Practice confirming that the value of the Mortgage Properties is sufficient to maintain the Security Cover as on the last date of the respective quarter for which such certificate is issued; 6.10 except for g) Punctually pay all Taxes imposed upon or payable by the Permitted EncumbranceCompany as and when the same shall become payable, save to the extent the Company contests the same in good faith; h) Shall punctually pay or ensure payment of all rents, cesses, insurance premium, rates, taxes and outgoings in connection with any part of Security/Mortgaged Properties so as to keep the same free from any other interest, other than the Security or any other interest permitted under the Transaction Documents; i) Diligently preserve the corporate existence and status and all rights, contracts, privileges, franchises and concessions now held or hereafter acquired by the Company in the conduct of the business of the Company and comply with each and every term of the said franchises and concessions and all Applicable Law applicable to the Company or the business and assets or any part thereof, provided, the Company may contest in good faith, the validity of any Applicable Law and pending the determination of such contest may postpone compliance therewith, if the rights enforceable under the Debentures are not to take thereby materially endangered or omit to take any action that might or would have the result of materially impairing the security interests created by this Debentureimpaired. The Company will not grant do or voluntarily suffer or permit to be done any act or thing whereby the right to transact the business of the Company might or could be terminated or adversely effected or whereby payment of the Payments might or would be hindered or delayed; j) Not undertake or permit any merger, consolidation, reorganisation scheme or arrangement or compromise with its creditors or shareholders or effect any scheme of amalgamation or reconstruction, in all cases which may have a material adverse effect on the interests of the Debenture Holder(s) under the Transaction Documents; k) Not undertake or permit any compromise with its creditors or shareholders until Final Settlement Date without prior written approval of the Majority Debenture Holders; l) Promptly inform the Debenture Trustee if the Company has knowledge of any application for winding up having been made or any statutory notice of winding up under the Act or otherwise of any suit or other legal process intended to be filed or initiated against the Company and affecting the title of the Company to the Mortgage Properties or if a receiver is appointed for any of its properties or business or undertaking; m) Duly cause these presents to be registered in all respects so as to comply with the provisions of Applicable Law; n) Promptly inform the Debenture Trustee of any loss or damage which the Company may suffer due to any person other than force majeure circumstances or act of God, such as earthquake, flood, tempest or typhoon, etc. against which the Subscriber and the Noteholders any interest whatsoever in the Charged PropertyCompany may not have insured its properties; 6.11 o) Shall furnish quarterly report to inform the Subscriber immediately on becoming bound to complete Debenture Trustee containing the purchase following particulars: (i) Updated list of any estate or interest in any freehold or leasehold property after the date names and addresses of this the Debenture and to deposit with the Subscriber the deeds and documents of title relating to such property Holder(s); 6.12 to execute at any time upon request over all or any (ii) Details of the property referred Payments to be made, but unpaid and reasons thereof; (iii) The number and nature of grievances received from the Debenture Holder(s) and resolved by the Company and those grievances not yet solved to the satisfaction of the Debenture Holder(s) and reasons for the same; (iv) any major change in paragraph 6.11composition of the Board of Directors of the Company, charge which may amount to change in control as defined in SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011; (v) A statement that those assets of the Company which are available by way of legal mortgage security in favour terms of the Subscriber in such form Transaction Documents, as amended from time to time, is sufficient to discharge the Subscriber shall requireclaims of the Debenture Holders as and when they become due; 6.13 to execute and do all such assurances and things including (without prejudice vi) Certificate from the Statutory Auditors/independent chartered accountant giving the value of book Receivables/Book debts. p) Shall furnish yearly to the generality Debenture Trustee a certificate from the Statutory Auditors/Chartered Accountant in Practise giving the valuation of Receivables/Book Debts. q) send to the stock exchange where the debentures are listed for dissemination, the half yearly financial results, a half- yearly communication certificate from the Debenture Trustee under Regulation 52(4) of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, containing inter-alia the following information: (i) credit rating and change in credit rating (if any); (ii) debt-equity ratio; (iii) previous due date for the payment of interest/principal for the non- convertible debt securities and whether the same has been paid or not; and (iv) next due date for the payment of interest/principal for the non-convertible debt securities; (v) net worth; (vi) net profit after tax; (vii) earnings per share r) Promptly and expeditiously attend to and redress the grievances, if any, of the foregoing) legal mortgagesDebenture Holder(s). The Company further undertakes that it shall promptly comply with the suggestions and directions that may be given in this regard, charges from time to time, by the Debenture Trustee and assignments as shall advise the Subscriber may require for perfecting the security constituted by this Debenture and for facilitating the realisation Trustee periodically of the Charged Property and for exercising all powerscompliance; s) comply with the provisions of Section 125 of the Companies Act, authorities and discretions conferred by this Debenture upon the Subscriber 2013 (or any receiver appointed by corresponding provision of the Subscriber Companies Act, 1956 which may be in force) relating to transfer of unclaimed/unpaid amounts of monies due on debentures and redemption of debentures to give notice Investor Education and Protection Fund (IEPF); t) inform the Debenture Trustee about any change in nature and conduct of any business before such assurance or other thing to any person the Subscriber may require; 6.14 to comply with any and all covenants and undertakings which the Company has entered into in the other Transaction Documentschange.

Company’s Covenants. 5.1 The Company (subject will cause the Prospectus to be filed with the Regulatory Authorities, will deliver all necessary copies of the Prospectus to the Regulatory Authorities and will use its best efforts to have the Prospectus accepted by the Regulatory Authorities and have the Commissions issue receipts for the Preliminary Prospectus and the Final Prospectus. 5.2 The Company will provide the Agent with as many copies of the Prospectus as the Agent may reasonably request and the Agent will deliver to each purchaser a copy of the Prospectus sufficiently in advance of the applicable Closing Date such that all withdrawal rights of FGI under the Permitted Encumbrance) covenants with and undertakes Applicable Securities Laws will have expired by the Closing Time. 5.3 Prior to the Subscriber as follows: 6.1 Effective Date, the Company will apply to the Exchange for conditional acceptance of the listing of the Shares, including all Shares forming part of the Securities, and, provided that the Company is not in accordance breach of its obligations under this Agreement, the Agent will use its commercially reasonable efforts to cause all such documents to be filed by it with the terms Exchange as may be required by the rules and policies of the Permitted Encumbrance Exchange. 5.4 On or before the Closing Date, the Company shall take or cause to be taken all reasonable steps required by contract and law proceedings (including but not limited to satisfy the filing of the Prospectus and the obtaining of a receipt for the Prospectus from the Commissions under the Securities Legislation), necessary in order to qualify for distribution the Offered Shares for sale to Subscribers resident in the Offering Jurisdictions through the Agent and its indebtedness sub-agents, if any, retained pursuant to FGI secured by the Permitted Encumbrance no later than 31 January 2009 Section 2.3 hereof, and to secure qualify for distribution the discharge of Agent’s Warrants and the registered charges no later than 28 February 2009Directors’ and Officers’ Options. 6.2 to register 5.5 Following the Debenture Effective Date and after consulting with the Registrar of Companies Exchange, the Company and the Agent will set the Closing Dates and the Closing Time. Unless an amendment to the Final Prospectus is filed and the Commissions have issued a receipt for England such amendment, the Closing Date will be on or before the day which is 90 days after the Effective Date. If an amendment to the Final Prospectus is filed and Wales no later than 21 the Commissions have issued a receipt for the amendment, the Closing Date will be on or before the day which is 90 days after the date of execution the receipt for such amendment, provided, however, that the Closing Date will not be more than 180 days from the date of this Debenturethe receipt for the initial Final Prospectus. 6.3 upon discharge 5.6 If, after the Prospectus is first filed with the Regulatory Authorities but before the conclusion of the Permitted Encumbrance distribution of the Shares under the Prospectus, a Material Change occurs in the affairs of the Company, the Company will: (a) notify the Agent immediately, in writing, with full particulars of the Material Change; (b) file with the Regulatory Authorities as soon as practicable, and in any event no later than 10 days after the Material Change occurs, an amendment to the Prospectus in a form acceptable to the Agent disclosing the Material Change; and (c) provide as many copies of that amendment to the Agent, as the Agent may reasonably request. 5.7 The Company shall take in good faith discuss with the Agent any change in circumstances which is of a nature that there is reasonable doubt as to whether notice in writing need to be given to the Agent pursuant to Section 5.6 hereof. 5.8 Now and at all steps required under times subsequent hereto during the laws distribution of England the offered Shares to the public or such longer person of time, if any, while the Prospectus continues to be current, the Prospectus and Wales any amendments thereto does and will fully comply with the requirements of the Securities Legislation. The Prospectus together with any amendments thereto does and will during such period provide full, true and plain disclosure of all material facts relating to ensure the Company, the Offered Shares and the distribution of the Offered Shares to the public, and does not and will not during such period contain a Misrepresentation; provided that the Subscriber has a first ranking security interest foregoing covenants of the Company do no and shall not apply with respect to any information or statements contained in the Charged PropertyProspectus relating solely to the Agent. 6.4 5.9 During the period of distribution to the public of the Offered Shares, the Company will advise the Agent promptly of any request of the Commissions or the Exchange for an amendment to the Prospectus or for any additional information, of the issuance by the Commissions, Exchange or any other securities commission, stock exchange or similar regulatory authority, of any cease trade order, halt order or similar order relating to the Common Shares or Offered Shares or the xxx of the Prospectus, or of the institution or threat of an institution of any proceedings for that purpose or of the receipt by the Company of any communication from the Commissions, Exchange or any other securities commission stock exchange or similar regulatory authority relating to the Prospectus or the offering of the Offered Shares. Except with respect to the halt instituted by the Exchange to facilitate Closing, the Company will use its commercially reasonable efforts during the period of distribution to the public of the Offered Shares to prevent the issuance of any such cease trade order or halt order and, if issued during such period, to obtain the withdrawal thereof as soon as possible. 5.10 After the Offering is completed, the Company and the Agent will forthwith file any documents required by the Subscriber to forthwith deposit with the Subscriber all or any documents, deeds, or other papers whatsoever relating to the Charged Property as the Subscriber may require; 6.5 to make timely payment of all lawful amounts in respect of the Charged Property when due including all rents, periodic charges and outgoings of any nature. 6.6 to keep all of the Charged Property in a good state of repair and in proper and good working order and condition and Exchange necessary to permit the Subscriber and such other persons as Shares to commence trading on the Subscriber may from time to time appoint for the purpose to enter and view the Charged Property’s state and condition on reasonable notice; 6.7 to insure and keep insured all of the Charged Property which are of an insurable nature against loss or damage by fire and all other usual risks as the Subscriber may require in the full amount of their reinstatement value in such name and in such offices as the Subscriber shall approve in terms not permitting the insurers to cancel the policy of insurance without giving at least 14 days’ notice to the Company and to pay when due all premiums and any other charges necessary for effecting and maintaining such insurance and, if requested by the Subscriber, to have the interest of the Subscriber noted on any policy or policies and if required to deliver to the Subscriber such policy or policies and the receipt for every premium payable in respect of such policy or policies; 6.8 to hold all money received on any insurance whatsoever in respect of loss, damage or destruction of the Charged Property whether under the covenant in paragraph 6.7 or otherwise on trust for the Subscriber to be applied in making good the loss or damage in respect of which the money is received or in or towards discharge of the sums for the time being owing to the Subscriber under this Debenture as the Subscriber may in its absolute discretion require; 6.9 not without the previous written consent of the Subscriber to create or attempt to create any mortgage, pledge, fixed or floating charge or other encumbrance or security interest on or over any of the Charged Property; 6.10 except for the Permitted Encumbrance, not to take or omit to take any action that might or would have the result of materially impairing the security interests created by this Debenture. The Company will not grant to any person other than the Subscriber and the Noteholders any interest whatsoever in the Charged Property; 6.11 to inform the Subscriber immediately on becoming bound to complete the purchase of any estate or interest in any freehold or leasehold property after the date of this Debenture and to deposit with the Subscriber the deeds and documents of title relating to such property ; 6.12 to execute at any time upon request over all or any of the property referred to in paragraph 6.11, charge by way of legal mortgage in favour of the Subscriber in such form as the Subscriber shall require; 6.13 to execute and do all such assurances and things including (without prejudice to the generality of the foregoing) legal mortgages, charges and assignments as the Subscriber may require for perfecting the security constituted by this Debenture and for facilitating the realisation of the Charged Property and for exercising all powers, authorities and discretions conferred by this Debenture upon the Subscriber or any receiver appointed by the Subscriber and to give notice of any such assurance or other thing to any person the Subscriber may require; 6.14 to comply with any and all covenants and undertakings which the Company has entered into in the other Transaction DocumentsExchange.

Company’s Covenants. The Company (a) At the request of the holder of the Subscribed Shares, and subject to the rights execution and delivery of FGI under such representation letters and other information as the Permitted Encumbrance) covenants with and undertakes to the Subscriber as follows: 6.1 in accordance with the terms of the Permitted Encumbrance Company, its counsel or its transfer agent shall reasonably request, the Company shall take all steps required by contract and law use its commercially reasonable efforts to satisfy its indebtedness to FGI secured by promptly cause the Permitted Encumbrance no later than 31 January 2009 and to secure the discharge removal of the registered charges no later than 28 February 2009. 6.2 to register legend set forth in Section 4(q) from the Debenture with book-entry position evidencing the Registrar of Companies for England Subscribed Shares, and Wales no later than 21 days after the date of execution of this Debenture. 6.3 upon discharge of the Permitted Encumbrance the Company shall take all steps required under the laws of England and Wales to ensure that the Subscriber has a first ranking security interest in the Charged Property. 6.4 if required by the Subscriber Company’s transfer agent, cause an opinion of counsel to forthwith deposit the Company be provided in a form reasonably acceptable to the Company’s transfer agent to the effect that the removal of such restrictive legends in such circumstances may be effected under the Securities Act, and cause the transfer agent for the Company to issue a certificate without such legend to the holder of the Subscribed Shares or issue to such holder by electronic delivery at the applicable balance account at DTC, if (i) such Subscribed Shares are sold pursuant to an effective registration statement under the Securities Act, or (ii) the Subscribed Shares are sold, assigned or transferred pursuant to Rule 144, provided that, with respect to a request pursuant to foregoing clause (i), the Company shall use commercially reasonable efforts to cause such legend to be removed within two (2) Business Days of such request, subject to receipt of documentation from the Subscriber all or any documents, deeds, or other papers whatsoever relating to the Charged Property as the Subscriber may require; 6.5 to make timely payment of all lawful amounts set forth in respect of the Charged Property when due including all rents, periodic charges and outgoings of any nature. 6.6 to keep all of the Charged Property in a good state of repair and in proper and good working order and condition and to permit the Subscriber and such other persons as the Subscriber may from time to time appoint this Section 9(a). The Company shall be responsible for the purpose to enter and view fees of its transfer agent, its legal counsel (including for purposes of giving the Charged Property’s state and condition on reasonable notice; 6.7 to insure and keep insured all of the Charged Property which are of an insurable nature against loss or damage by fire opinion referenced herein) and all other usual risks as the Subscriber may require in the full amount of their reinstatement value in DTC fees associated with such name issuance and in such offices as the Subscriber shall approve be responsible for its fees or costs associated with such removal of the legend set forth in terms not permitting Section 4(q) (including its legal fees or costs of its legal counsel). (b) With a view to making available to Subscriber the insurers benefits of Rule 144 that permit Subscriber to cancel sell securities of the policy of insurance without giving at least 14 days’ notice Company to the public without registration, the Company agrees, for so long as Subscriber holds Subscribed Shares, to: (i) make and keep public information available, as those terms are understood and defined in Rule 144; and (ii) file with the Commission in a timely manner all reports and other documents required of the Company under the Securities Act and the Exchange Act so long as the Company remains subject to pay when due all premiums such requirements and the filing of such reports and other documents is required for the applicable provisions of Rule 144. (c) For any other charges necessary for effecting and maintaining such insurance andtaxable year with respect to which the Company determines it is a “passive foreign investment company” within the meaning of Section 1297(a) of the Code (a “PFIC”), if requested by the Subscriber, to have the interest upon request of the Subscriber noted on any policy or policies and if required the Company shall use commercially reasonable efforts to deliver make available information reasonably necessary to the Subscriber such policy or policies and the receipt for every premium payable in respect compute income of such policy Subscriber (or policies; 6.8 to hold all money received on any insurance whatsoever in respect of loss, damage its direct or destruction indirect owners) as a result of the Charged Property whether Company’s status as a PFIC, including timely providing a PFIC Annual Information Statement to enable holders to make a “Qualifying Electing Fund” election under the covenant in paragraph 6.7 or otherwise on trust for the Subscriber to be applied in making good the loss or damage in respect of which the money is received or in or towards discharge Section 1295 of the sums Code for the time being owing to the Subscriber under this Debenture as the Subscriber may in its absolute discretion require; 6.9 not without the previous written consent of the Subscriber to create or attempt to create any mortgage, pledge, fixed or floating charge or other encumbrance or security interest on or over any of the Charged Property; 6.10 except for the Permitted Encumbrance, not to take or omit to take any action that might or would have the result of materially impairing the security interests created by this Debenture. The Company will not grant to any person other than the Subscriber and the Noteholders any interest whatsoever in the Charged Property; 6.11 to inform the Subscriber immediately on becoming bound to complete the purchase of any estate or interest in any freehold or leasehold property after the date of this Debenture and to deposit with the Subscriber the deeds and documents of title relating to such property ; 6.12 to execute at any time upon request over all or any of the property referred to in paragraph 6.11, charge by way of legal mortgage in favour of the Subscriber in such form as the Subscriber shall require; 6.13 to execute and do all such assurances and things including (without prejudice to the generality of the foregoing) legal mortgages, charges and assignments as the Subscriber may require for perfecting the security constituted by this Debenture and for facilitating the realisation of the Charged Property and for exercising all powers, authorities and discretions conferred by this Debenture upon the Subscriber or any receiver appointed by the Subscriber and to give notice of any such assurance or other thing to any person the Subscriber may require; 6.14 to comply with any and all covenants and undertakings which the Company has entered into in the other Transaction Documentstaxable period.