Hypothec. The Borrower further hypothecates in favour of the Lender as part of the security for the Indebtedness, and for the same amount and on the same terms, the Borrower's voting rights, and moreover, on receipt of a request in writing from the Lender to the Borrower shall send to the Lender every future notice of meetings, any agenda, financial statements or other proceedings to be considered thereat, and the Borrower further agrees upon receipt of such request to name the Lender as the Borrower's proxy, to attend and to vote at such meetings, or in the alternative, at the option of the Lender, to act as the proxy of the Lender at such meetings and to vote its interest as the Borrower and the Lender may agree upon, and to the foregoing ends, the Borrower assigns, insofar as may be necessary, the Borrower’s voting rights to the Lender.
Hypothec. As security for the full and final payment of the Obligations and of the expenses, if any, incurred by the Trustee to obtain payment of the Obligations or to conserve the Mortgaged Property, the Grantor hereby hypothecates to and in favour of the Trustee as holder of an irrevocable power of attorney (fondé de pouvoir) for all present and future holders of the Bond, to the extent of Three Billion Seven Hundred Fifty Million dollars in the lawful currency of Canada (Cdn$3,750,000,000), with interest thereon at the rate of Twenty-Five Percent (25%) per annum from the date hereof, all present and future immovable and movable property of the Grantor, corporeal or incorporeal, wherever situate including, without limitation:
(a) The immovable property described in Schedule II hereof, together with all present and future works, constructions and appurtenances related thereto;
(b) All present and future immovables which the Grantor is or may hereafter become the owner from time to time, together with all present and future works, constructions and appurtenances related thereto;
(c) All present and future corporeal and incorporeal property which, with respect to the immovables hereinabove charged, are covered by any of Articles 901 through 904 of the Civil Code;
(d) All present and future corporeal movable property which ensures the utility of the immovables hereinabove charged;
(e) All rents which are or may become payable in virtue of any and all present and future leases upon the immovables hereinabove charged, and all indemnities paid in virtue of the insurance contracts covering such rents; and
(f) All present and future movable property of the Grantor, tangible or intangible, wherever situate including, without limitation:
(i) all of its Claims, present and future;
(ii) all of its Property in Stock, present and future; [Novelis LP Term Hypothec]
(iii) all of its Equipment, present and future;
(iv) all of its Intellectual Property, present and future;
(v) all of its Contractual Rights, present and future; and
(vi) all Securities, present and future. If any of the Mortgaged Property may not be assigned, subleased, charged or encumbered without the leave, license, consent or approval of the applicable counterparty, a governmental authority or any other person, the hypothec created hereby on any such property shall be under the suspensive condition of obtaining such leave, license, consent or approval. Any and all Mortgaged Property, which is acquired, transformed...
Hypothec. As security for the Obligations, as defined in Section 5, the Grantor hereby hypothecates (the hypothec created hereby being hereinafter called the “Hypothec”) the Charged Property (as defined in Section 3) in favour of the Creditor, for a principal amount of $1,587,000,000, plus an additional amount equal to twenty percent (20%) thereof to secure all costs, accessories and incidental expenses, the whole with interest from the date of this Deed at the rate of twenty-five percent (25%) per annum, calculated daily and compounded monthly, with interest on overdue interest calculated at the same rate and in the same manner.
Hypothec. 2.1 For good and valuable consideration, and as continuing and collateral security for the payment and performance when due of all of the Secured Obligations, the Grantor hereby hypothecates in favour of the Holder (and with respect to incorporeal or intangible property, and corporeal movable property located outside of the Province of Quebec, hereby charges, assigns, and mortgages and creates a security interest in favour of the Holder in), the universality of all present and future movable property of the Grantor, both corporeal and incorporeal, now owned or hereafter acquired by the Grantor, including without limitation the following:
2.1.1 all present and future machinery and equipment of the Grantor, including tools, implements, furniture, rolling stock, vehicles, spare parts and additions;
2.1.2 all present and future property in stock and inventory of the Grantor whether in its possession, in transit or held on its behalf, including, without limitation, all movable property in reserve, raw materials, goods in process, finished products, packaging materials, property held by third parties pursuant to a rental, leasing, franchise, licence or other agreement entered into with or on behalf of the Grantor, property evidenced by xxxx of lading, animals, wares, as well as any other property held for sale, lease or processing in the manufacture or transformation of property intended for sale, for lease, or for use in providing a service by the Grantor in the ordinary course of operation of its enterprise;
2.1.3 all present and future claims of the Grantor of any nature or kind, whatever their cause, whether or not evidenced by any title, and whether or not such title is negotiable, xxxx of exchange or draft; and whether or not they constitute book debts or trade accounts receivable, including, without limitation, all customer accounts, accounts receivable, rights of action, demands, judgements, contract rights, options, permits, licenses, consents, approvals, orders, rulings, quotas, subsidies, franchises, immunities, amounts on deposit, proceeds of sale, assignment or lease of any property, rights or titles, any indemnities payable under any contract of insurance whether or not such insurance is on property forming part of the Hypothecated Property and any indemnity or proceeds of expropriation, the whole which are now due or which may become due to the Grantor, together with all judgments and all other rights, benefits, guarantees and securities for the s...
Hypothec. The hypothec of rents under 2.1 applies to the following: - the present and future rents produced by the immovable; - amounts payable under any emphyteutic contract; - amounts payable under any agreements for use or usufruct of the immovable; and - any amounts payable under the terms of any insurance policy covering these rents or amounts, if such policy exists.
Hypothec. As security for the payment to the CREDITOR of the INDEBTEDNESS and the fulfilment of the obligations of the GRANTOR hereunder, the GRANTOR hereby hypothecates and grants a security interest in, to and in favour of the CREDITOR to the extent of the HYPOTHEC AMOUNT with interest thereon at the INTEREST RATE, both before and after maturity, demand, default and judgment, the following property of the GRANTOR, wherever situate, and all renewals thereof, accretions thereto, replacements thereof, substitutions therefor as well as everything united thereto by accession (herein collectively referred to as the "CHARGED PROPERTY"):
3.1.1 as a universality, the CLAIMS;
3.1.2 as a universality, the DOCUMENTS OF TITLE;
3.1.3 as a universality, the EQUIPMENT;
3.1.4 as a universality, the INSURANCE;
3.1.5 as a universality, the INTANGIBLE PROPERTY;
3.1.6 as a universality, the INVENTORY;
3.1.7 as a universality, the MONIES;
3.1.8 as a universality, the PROCEEDS;
3.1.9 as a universality, the RECORDS;
3.1.10 as a universality, the SECURITIES;
3.1.11 as a universality, all other corporeal and incorporeal moveable property, assets, rights and undertakings of any nature and kind, now owned or hereafter acquired by the GRANTOR.
Hypothec. As security for the full and final payment of rent and for the performance by Lessee of all its obligations pursuant to the Lease, Lessee hereby grants to Lessor a movable hypothec for an amount of Five Hundred Thousand Dollars ($500,000), on all of Lessee’s present and future machinery, equipment, inventory, furniture and fixtures located in the Premises. Lessor accepts that such hypothec shall be second ranking behind that held by Lessee’s principal financial institution from time to time. If the Lessee’s principal financing is obtained from a group of financial institutions that rank para passu as between themselves, then the hypothec herein referred to shall rank second behind such financing. Lessee hereby irrevocably authorizes Lessor to do all that is necessary to ensure that this hypothec remains effective and at all times opposable to third parties, including, without limitation, the right to sign and execute any necessary documents or statements that must be registered in the appropriate registers to reflect the granting of the present hypothec
Hypothec. 2.1. 1To secure the payment and performance of the Indebtedness and of the expenses and charges incurred by the Creditor to obtain payment and performance of the Indebtedness or to conserve the Charged Property, the Grantor hereby hypothecates the Charged Property in favour of the Lender for the principal sum of [INSERT MAXIMUM CREDIT AMOUNT x 2] [ ● ] MILLION DOLLARS ($ [ ● ] ), together with interest thereon from the date hereof at the rate of twenty-five percent (25%) per annum, calculated semi-annually and not in advance.
2.1. 2The hypothec granted hereunder does not constitute and shall not constitute nor be construed as a floating hypothec within the meaning of Article 2715 of the Civil Code of Quebec.
Hypothec. As continuing and general collateral security for the payment of the indebtedness and liability of the BORROWER to the LENDER (inclusive of repayment of capital, payment of interest, costs and accessories) under the Loan Agreement and hereunder and for the due performance of the covenants and agreements of the BORROWER under the Loan Agreement and herein set forth, the BORROWER hereby hypothecates in favour of the LENDER, to the extent of the said sum of ($ ), in lawful money of CANADA with interest thereon as set forth in the Loan Agreement, the present and future movable property comprising the universalities (including without restriction any present and future moveable property in replacement, repaired, transformed, additions to, accessories, present and future thereof as well as the proceeds of alienation resulting therefrom) which are described as follows: all Inventory, machinery, equipment, furniture and fixtures.
Hypothec. To secure the full and timely payment and performance of the Secured Obligations, the Grantor hereby hypothecates and grants a security interest in the Charged Property in favour of the Hypothecary Representative, for the benefit of the Secured Parties, for the principal sum of ONE HUNDRED FIFTY MILLION DOLLARS ($ 150,000,000), together with interest thereon from the date hereof at the rate of twenty-five percent (25%) per annum, calculated semi-annually and not in advance.
