Monetary Claims. Without limiting the foregoing, but subject to the rights of Desjardins, the Grantor shall accomplish all things and deliver to the Hypothecary Representative all documents, agreements and other materials as may be required from time to time, in the opinion of the Hypothecary Representative, to provide the Hypothecary Representative with control over the Monetary Claims forming part of the Charged Property (other than control over Monetary Claims deposited in bank accounts or other financial accounts maintained with Desjardins for so long as obligations of the Company are outstanding under the Desjardins Offer) in the manner provided under Article 2713.1 and following of the Civil Code of Québec. Unless the Hypothecary Representative has given its prior written consent, the Grantor shall not cause or permit any person other than Desjardins and the Hypothecary Representative to have control (in accordance with Article 2713.1 and following of the Civil Code of Québec) of any Monetary Claims forming part of the Charged Property.
Monetary Claims. The Grantor shall not grant in favour of any third person, other than Desjardins and the Hypothecary Representative, a movable hypothec with delivery on a Monetary Claim pursuant to Articles 2713.1 and following of the Civil Code of Québec.
Monetary Claims. 85 ARTICLE 14
Monetary Claims. (a) Each Chargor charges by way of a first fixed charge in favour of the Common Security Agent all its present and future right, title and interest in and to its Monetary Claims.
(b) To the extent not effectively charged as a first fixed charge under paragraph (a) above, each Chargor shall hold on trust for the benefit of the Common Security Agent all its present and future right, title and interest in and to each of its Monetary Claims.
Monetary Claims. The Additional Chargor charges by way of a first fixed charge in favour of the Common Security Agent all its present and future right, title and interest in and to its Monetary Claims.
Monetary Claims. Notwithstanding the above, claims for non-payment of undisputed monetary charges or disputes related to a Party's intellectual property or confidential information may be resolved by a court of competent jurisdiction.
Monetary Claims. 13.3.1 Each Obligor and each Lender which, at any time and from time to time, maintains Financial Accounts (as defined below) for the benefit of the Obligors (a “Depositary Lender”), including the Financial Accounts referred to in Schedule 2.1.26, acknowledges and agrees that such Financial Accounts are subject to the Liens granted pursuant to the Security Documents and are under the control of the Agent. As such, and for the purposes of Article 2713.4 of the Civil Code of Québec, each Depositary Lender hereby covenants and agrees to (i) comply with all instructions it receives from the Agent (including in its capacity as hypothecary representative) directing it to transfer, redeem, or permit the withdrawal of any property from any such Financial Account (collectively, “Account Instructions”) without further consent of the relevant Obligor, and (ii) at any time following the occurrence and continuance of a Default or Event of Default, no longer comply with Account Instructions originating from the Obligors.
13.3.2 With respect to any Financial Account maintained by the Agent for the benefit of the Obligors, the parties hereto acknowledge and agree that any such Financial Accounts are subject to the Liens granted pursuant to the Security Documents and are under the control of the Agent. As such, and for the purposes of Article 2713.4 of the Civil Code of Québec, the Obligors acknowledge and agree that at any time following the occurrence and continuance of a Default or Event of Default, the Agent will no longer comply with Account Instructions originating from the Obligors.
13.3.3 The parties hereto acknowledge and agree that (i) the provisions of this Section 13.3 shall constitute a “control agreement” within the meaning of Article 2713.4 of the Civil Code of Quebec, and (ii) the credit balance of each of the Financial Accounts constitutes a “monetary claim” of the applicable Obligor against the applicable Depository Lender within the meaning of Article 2713.1 of the Civil Code of Québec.
13.3.4 Each Depository Lender represents and warrants that it has not entered into an agreement with any person other than the Agent pursuant to which the Depository Lender is obligated to comply with Account Instructions originated from such person in respect of any Financial Account of the Obligors and as such, the Depository Lender has not entered into a “control agreement” (within the meaning of Article 2713.4 of the Civil Code of Québec) in respect of any of the Fina...
Monetary Claims. Each Chargor will:
(a) collect in and realise in the ordinary course of business all Monetary Claims, pay the proceeds immediately on receipt into such account (a “Nominated Account”) charged in favour of the Security Agent (as agent and trustee for the Secured Parties) as it has notified the Security Agent in writing and, pending that payment, hold those proceeds on trust for the Security Agent; and
(b) save as permitted under this Deed, not charge, factor, discount or assign any of the Monetary Claims in favour of any other person, or enter into any agreement to do so.
Monetary Claims. Each Chargor charges by way of a first fixed charge all the Monetary Claims.
Monetary Claims. Each Obligor and each Lender which, at any time and from time to time, maintains Financial Accounts (as defined below) for the benefit of the Obligors (a “Depositary Lender”), including the Financial Accounts referred to in Schedule 2.1.26, acknowledges and agrees that such Financial Accounts are subject to the Liens granted pursuant to the Security Documents and are under the control of the Agent. As such, and for the purposes of Article 2713.4 of the Civil Code of Québec, each Depositary Lender hereby covenants and agrees to (i) comply with all instructions it receives from the Agent (including in its capacity as hypothecary representative) directing it to transfer, redeem, or permit the withdrawal of any property from any such Financial Account (collectively, “Account Instructions”) without further consent of the relevant Obligor, and (ii) at any time following the occurrence and continuance of a Default or Event of Default, no longer comply with Account Instructions originating from the Obligors.
