Creation of Charge Clause Samples

Creation of Charge. (a) Notwithstanding anything contained hereinabove by execution of this Agreement, the Purchaser(s) has/have provided his/her/it/their consent to the Developer to apply for and obtain financial assistance and/or project finance from any bank and/or financial institution and for the said purpose to create mortgage, security, charge or other Encumbrances over and in respect of the said building or any part or portion thereof in favor of the bank and/or other financial institution providing such loan and/or financial assistance to the Developer. For the avoidance of doubt it is clarified that this Agreement by itself shall be treated as the written consent of the Purchaser(s) for creation of charge/mortgage over any part and portion of the Said building and no separate consent shall be required for the said purpose. (b) Upon full payment of the amount of consideration by the PURCHASER(S) in terms of this Agreement and before handing over possession of the Flat/Unit intended to be acquired by the PURCHASER(S), the Developer shall cause the charge over and in respect of the said Flat/Unit or Complex to be removed.

Creation of Charge. 3.2.1 The Procurer hereby agrees that at least forty five (45) days prior to the Scheduled Delivery Date or Revised Scheduled Delivery Date (“Charge Creation Date”), as the case may be, it shall create first charge over the Incremental Receivables in favour of the Seller and confirm effective as of the Charge Creation Date and until satisfaction of the Secured Obligations and the termination of this Agreement, the Procurer’s Financing Parties shall not have any charge over the Incremental Receivables or any part of the Security, and that such charge, if created in future, in favour of the Procurer’s Financing Parties or any other entity would be secondary and subordinate to the first charge created in favour of the Seller pursuant to the Agreement to Hypothecate Cum Deed of Hypothecation entered into with the Seller. The Subsidiary Escrow Agents also agree to the provisions of this Article 3.2.1. 3.2.2 The Procurer shall also provide such other documents, certificates and agreements as the Seller may reasonably request in respect of creating a first priority charge over the Incremental Receivables, in favour of the Seller in accordance with Article 3.2.1 above.

Creation of Charge. If the Borrower is accompany, the Borrower shall register the charge created in favour of the Lender in proper form with the registrar of companies within a period of 30 days from the date of creation of charge.

Creation of Charge. 4.2.1 The Utility hereby agrees and undertakes that it shall create, under and pursuant to the Deed of Hypothecation, a first charge in favour of the Supplier over the Revenues routed through the Default Escrow Account in pursuance of this Agreement, which charge shall remain in force and effect until payment and discharge of the Secured Obligations. The Utility further acknowledges and agrees that commencing from the date of execution of the Deed of Hypothecation and until payment and discharge of the Secured Obligations, the Utility’s Lenders or any other entity shall not have any charge over any part of the Security, and that such charge, if created in future, in favour of Utility’s Lenders or any other entity would be secondary and subordinate to the first charge created in favour of the Supplier pursuant to the Deed of Hypothecation. The Utility expressly agrees that it shall procure and ensure that the rights of the Supplier hereunder are not prejudiced in any manner whatsoever. 4.2.2 The Utility agrees and undertakes to provide such other documents, certificates and agreements as the Supplier or the Default Escrow Bank may reasonably request in respect of creating a first charge in favour of the Supplier in accordance with Clause 4.2.1. 4.2.3 The Utility may, subject to the provisions of this Agreement and the Deed of Hypothecation, create any other security interest subordinate and secondary to (i) the first charge created in favour of the Supplier over the Revenues routed through the Default Escrow Account or (ii) any part thereof, in favour of any person other than the Supplier for any reason whatsoever.

Creation of Charge. 12.1 As further security for the obligations owing to the Company from time to time the Customer hereby grants a charge in favour of the Company over all of its rights title and interest in all of its present and after acquired property, including real property owned by the Customer beneficially or otherwise from time to time, and consents to a caveat or other registrable interest being lodged with the relevant government department in respect of such charge. For the purposes of section 20(1) and (2) PPSA, the Customer states that the charge is in all of the Customer's present and after acquired property (whether owned beneficially or otherwise) from time to time.

Creation of Charge. As continuing security for the payment, repayment, prepayment, satisfaction, performance and discharge of the Loan, the Grantor, for good and valuable consideration, hereby charges by way of a floating charge, in favour of the Creditor, all the movable undertakings and assets of the Grantor whatsoever, wherever situate, present or future in the Secured Assets. Full content to be unlocked upon purchase SECURITY ASSIGNMENT

Creation of Charge. 3.1 As continuing security for the due and punctual discharge of the Secured Obligations, the Chargor hereby creates in favour of the Chargee (as Security Trustee) a first rank floating charge over the Charged Assets. 3.2 For the purpose of this Deed but without prejudice to the terms of the Credit Documents, the Obligations shall be valued at the sum of US$ 175,000,000 (including interest, costs, commissions, etc).