Crystallization: Automatic Sample Clauses

Crystallization: Automatic. 4.2.1 Notwithstanding Clause 4.1 (Crystallization: by Notice) and without prejudice to any law which may have a similar effect, the floating charge created under Clause 3.3 (Floating Charge) will automatically be converted (without notice) into a fixed charge with immediate effect as regards all the assets subject to the floating charge if: 4.2.1.1 the Chargor creates or attempts to create any senior ranking charge, lien, security or encumbrance of any manner (other than a charge created under this Deed) over any of the Charged Assets, without the prior written consent of the Chargee; or 4.2.1.2 an Event of Default occurs; or 4.2.1.3 any person levies or attempts to levy any distress, attachment, execution or other legal process against any of the Charged Assets; or 4.2.1.4 a resolution is passed, or petition is filed, or an order is made for the winding-up, dissolution, administration, receivership or re-organisation of the Chargor (other than in respect of a voluntary winding up of a solvent company for the purpose of an amalgamation or reconstruction previously approved by the Chargee) and permitted under the terms of the Note Instrument; or 4.2.1.5 any analogous procedure or step (in respect of the circumstances in 4.2.1.4) is taken in any jurisdiction.
Sample 1
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Related to Crystallization: Automatic

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Definitions As used in this Agreement:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

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