Existing Security. If applicable, evidence in form and substance satisfactory to the Administrative Agent of the release and discharge of any existing mortgage or other Security Interest affecting any Relevant Vessel, or any other releases in connection with any interest which would or might otherwise, in the Administrative Agent’s opinion, adversely affect the security constituted by the Security Documents.
Existing Security. (i) No Security exists on or over its Assets or those of ALSTOM Holdings as at the date of the Amendment Agreements except as listed in Schedule 13 (Existing Security); and
(ii) no Security exists over its Assets or those of any other member of the Group except as permitted pursuant to Clause 18.2 (Negative Pledge).
Existing Security. 3.1 The Borrower confirms that the Security Document:
(a) ranks as a continuing security for the payment and discharge of the Secured Liabilities; and
(b) shall continue in full force and effect in all respects and shall secure all obligations under the Restated Facility Agreement, and the Security Document and this deed shall be read and construed together.
3.2 For the avoidance of doubt, clause 8.2 of the Security Document provides that the Lenders cannot commence enforcement action under the Security Document without the prior written consent of the RFA Lenders.
3.3 The Lenders acknowledge, for the benefit of the Borrower and (notwithstanding clause 7 (Third party rights) hereof) each of the RFA Lenders, that the Liabilities evidenced by the RFA Loan as amended and restated pursuant to an amendment and restatement deed dated on or around the date hereof (the “RFA Amendment and Restatement Deed”) continue to be secured by the debenture dated 24 September 2021 and entered into by the Borrower and the RFA Lenders, and all Secured Liabilities (as defined therein), including as amended pursuant to the RFA Amendment and Restatement Deed, continue to rank in priority to the Secured Liabilities as defined in the Security Document. The Lenders confirm that they have received a copy of the RFA Amendment and Restatement Deed.
Existing Security no security exists on or over any of the Charged Property except for the security created by this Charge; and
Existing Security. Save as permitted under Clause 19.12 (Negative pledge) no Security Interests exist on or over all or any of the present or future revenues or assets of any member of the Group save as disclosed in Schedule 6 (Schedule of Security Interests).
Existing Security. The Borrower and the Parent confirm that, in accordance with paragraph 27 of the Sanction Order, (a) the Liens granted pursuant to the Pre-Filing Credit Agreement (the “Existing Security”) shall remain in place and be reserved pending the execution, delivery and registration of the Security Documents pursuant to this Agreement and the delivery of all required consents to such Security Documents, and (b) no steps to perfect or reperfect (including registration or publication of any hypothecs) the Existing Security, other than any steps which are required generally under applicable provincial laws to maintain perfection of security interests (including registration or publication of any hypothecs), shall be required to secure the obligations of the Borrower and the Parent hereunder.
Existing Security. The Borrower and the Parent confirm that the Liens granted pursuant to the Pre-Filing Credit Agreement and the Existing Security shall remain in full force and effect as security for the obligations of the Borrower and the Parent hereunder, in addition to the Security Documents.
Existing Security. No Security exists on or over its assets or those of any other member of the Group except as permitted by Clause 22 (General Undertakings).
Existing Security. 8.1 The Borrower confirms, acknowledges and agrees that the Security Documents:
8.1.1 other than any Security Documents governed by Swedish law, rank as a continuing security for the payment and discharge of the Loan including, without limitation, all present and future monies, obligations and liabilities owed by the Borrower to the Lender, whether actual or contingent and whether owed jointly or severally, as principal or surety and/or in any other capacity, under or in connection with Loan Documents; and
8.1.2 governed by Swedish law, shall continue to secure the Secured Obligations (as defined in each Security Document governed by Swedish law); and
8.1.3 shall continue in full force and effect in all respects and the Security Documents and this Deed shall be read and construed together.
Existing Security. The Borrower shall, and shall cause its Subsidiaries to, use its best efforts to cause any pledge of securities and grant of mortgage over each of the Sites to be fully perfected in accordance with all applicable laws.
