Granting of Security. So long as any portion of Convertible Debenture is outstanding neither the Company nor any subsidiary may grant, issue or allow to exist any security interest in any or all of the assets of the Company and or subsidiary.
Granting of Security. 16.2.1 Notwithstanding the provisions of Clause 16.1.2, for the purpose of financing the construction, operation and maintenance of the Project, the Company may assign or create security over its rights and interests under, pursuant to or associated with (a) this Agreement, (b) any agreement included within the Material Agreements, (c) the Facility, (d) the Site, (e) the movable property and intellectual property of the Company, or (f) the revenues or any of the rights or assets of the Company, for the benefit of the Lenders.
16.2.2 In accordance with their rights and obligations with respect to the Facility, the Lenders may enforce such security interests in the assets identified in Clause 16.2.1(a) through (f) without the prior consent of JPS. In the event that JPS shall provide such consent, JPS shall execute all such acknowledgements of any security or any requisite documentation sentence as are reasonably requested by the Company to give effect to the security rights; provided that the execution of such acknowledgements shall not prejudice any rights or interests of JPS.
Granting of Security. 2.1 As security for the payment and performance of the Secured Obligations, Party B hereby grants to Party A with full title guarantee and free from any adverse interest whatsoever (other than any security interest of Party A or the Custodian granted pursuant to this Security Deed and/or Custody Agreement or a lien routinely imposed on all securities in a relevant clearing system) (a) a security interest by way of first fixed charge over the Security Assets, and (b) if and to the extent that the charge under (a) does not take effect in accordance with its terms, a floating charge over the Security Assets; paragraph 14 of Schedule B1 to the Insolvency Xxx 0000 applies to such floating charge.
2.2 Party B assigns and agrees to assign by way of security, absolutely and unconditionally, to Party A all its right, title and interest from time to time in and to the Custody Agreement.
2.3 The security constituted by this Security Deed shall be a continuing security and shall not be satisfied or released by any intermediate payment or satisfaction of any part of the Secured Obligations, and shall not be affected by or merged with any other security interest now or subsequently held by Party A for all or any of the Secured Obligations.
2.4 Where any discharge is made in part or any arrangement is made on the faith of any payment, security or other disposition which is avoided or must be repaid on liquidation or otherwise without limitation, the security constituted by this Security Deed and the liability of Party B under this Security Deed shall continue as if there had been no such discharge or arrangement.
2.5 At any time after an Enforcement Event has occurred and is continuing, unless Party B has fully discharged all of the Secured Obligations, (1) Party A may at any time without further notice appoint in respect of the Security Assets, under seal or in writing under its hand or in the manner prescribed in Schedule B1 to the Insolvency Xxx 0000 (as applicable) any one or more persons qualified to be (i) an administrator (as defined in paragraph 1 of Schedule B1 to the Insolvency Act 1986) (an “Administrator”) or (ii) a receiver (a “Receiver”) of Party B over all or any part of the Security Assets in like manner in every respect as if Party A had become entitled under the Law of Property Xxx 0000 to exercise the power of sale conferred under that Act and (2) Party A shall, without prejudice to the foregoing, become entitled without prior notice to Party B or prio...
Granting of Security. Except as permitted by the Transaction Agreements, granting of any security interest not subordinate to the security interest of the Lender in the assets and property of the Company and its Subsidiaries other than the security to be provided pursuant to the Transaction Agreements.
Granting of Security. As security for the payment and performance of the Secured Obligations when due (whether at maturity or by prepayment, acceleration or otherwise) each of Westfield Partners and Westland Management hereby conveys, assigns, grants, hypothecates, mortgages, pledges, transfers and delivers to the Pledgee, and hereby grants to the Pledgee a lien and charge upon, and a security interest in, all the following property, whether now owned or hereafter acquired and whether now or in the future existing:
(a) all the right, title and interest of such Pledgor as a limited or general partner of the Partnership;
(b) any and all payments or distributions of whatever kind or character, whether in cash or in property, at any time made, owing or payable to such Pledgor in respect of or on account of its interest in the Partnership, whether representing profits, distributions pursuant to complete or partial liquidation or dissolution, repayment of capital contributions, proceeds from the sale of any portion of such Pledgor's interest in the Partnership or otherwise;
(c) the right to receive, receipt for, use and enjoy all such payments, distributions and proceeds;
(d) all right, title and interest of such Pledgor in and to all real and personal property of the Partnership and every other right, however characterized, now or hereafter held by the Partnership attributable to any interest of such Pledgor in the Partnership or received in respect thereof; and
(e) all cash and non-cash proceeds thereof (collectively, the "COLLATERAL").
Granting of Security. Granting of security or creating a charge over any assets or property in respect of a payment obligation with an aggregate value in excess of USD 20,000,000 but less than USD 40,000,000 in a cumulative three year period.
Granting of Security. Any Credit Party or any Subsidiary grants any Lien other than a Permitted Lien.
Granting of Security. 18.2.1. Notwithstanding the provisions of Clause 18.1.2, for the purpose of financing the construction, operation and maintenance of the Project, the Company may assign or create security over its rights and interests under, pursuant to or associated with:
(a) this Agreement,
(b) any agreement included within the Material Agreements,
(c) the Complex,
(d) the Site,
(e) the movable property and intellectual property of the Company, or
(f) the revenues or any of the rights or assets of the Company, for the benefit of the Lenders.
18.2.2. In accordance with their rights and obligations with respect to the Complex, the Lenders may enforce such security interests in the assets identified in Clause 18.2.1 (a) through (f) without the prior consent of JPS. In the event that the Company requests that JPS provide such consent, JPS shall execute all such acknowledgements of any security or any requisite documentation as are reasonably requested by the Company to give effect to the security rights; provided that the execution of such acknowledgements shall not prejudice any rights or interests of JPS.
Granting of Security. As security for the payment of the Indebtedness by the Borrower to the Lender and the performance of its obligations hereunder, the Borrower shall execute and deliver, or cause to be executed and delivered, to the Lender in form and content satisfactory to the Lender, the following Security:
(a) a promissory note payable by the Borrower to the Lender evidencing the Loan;
(b) a securities pledge agreement from the Borrower of the AHLP Units in favour of the Lender and with applicable acknowledgements and agreements of AHLP, together with the certificate(s) representing the AHLP Units, stock power(s) of attorney with respect thereto, and authorizing resolutions and consents;
(c) a full recourse guarantee with assignment and postponement of claims from the General Partner and a securities pledge agreement of all of the issued and outstanding units of the Borrower registered in its name in favour of the Lender and, in connection therewith, deliver the Lender a certificate representing such units, together with stock powers of attorney with respect thereto, and authorizing resolutions and consents; and
(d) a direction from the Borrower to Hillcore (and acknowledged and agreed by Hillcore) to pay the interest on the Hillcore Loan directly to the Lender as contemplated in Section 2.7.
Granting of Security. Subject to Section 12.6, each of the Borrowers and the Material Subsidiaries shall (i) provide security on all of their present and future, tangible and intangible, assets (ii) guarantee the performance of all obligations and liabilities hereunder (collectively, the "Security"). The Lenders shall be named loss payees, as their respective interests may appear, on all insurance policies relating to the assets covered by the Security and such policies shall include mortgage clauses.
