Nature of charge. The Charge operates, subject to clause 4.4, as a floating charge only, over all the Mortgaged Property.
Nature of charge. The charge created by this deed over the Non-Personal Property is a fixed charge and, to the extent to which the fixed charge intended to be created is not effective, is a floating charge until such time as it may crystallise.
Nature of charge. The charge operates:
(a) as a fixed charge as regards all present and future:
(i) Material Real Property;
(ii) Unpaid Capital;
(iii) machinery (other than stock-in-trade), plant, any item of equipment having a value in excess of A$1,000 or its equivalent;
(iv) Material Insurance and all the proceeds of those policies;
(v) books of account, registers, minute books, statements, invoices, accounting and other records (including those recorded electronically) and all software;
(vi) interests in any partnership;
(vii) Authorisations to the extent that the creation or subsistence of a charge over such Authorisations is not prohibited by statute, regulation, operation of law or the express terms of such Authorisation;
(viii) book and other debts (including Accounts Receivable provided that for the avoidance of doubt, the Mortgagor shall not be required to (and the Collateral Agent may not) notify the creation of this charge to the Mortgagor's respective debtors except at any time after an Event of Default) and the proceeds of those debts (other than proceeds which may be dealt with by the Mortgagor under clause 3.6(a));
(ix) accounts opened in the name of the Mortgagor or for the benefit of the Mortgagor under any Finance Document (including any Collection Account but not including any Operating Account);
(x) other assets that are not acquired for disposal in the ordinary course of the Mortgagor's business, and all right, title and interest of the Mortgagor in, under or derived from, the above (except as expressly provided); and
(b) subject to clause 3.4 (Crystallisation), as a floating charge only as regards all other assets charged. All sub-paragraphs of paragraph (a) are to be construed independently. None limits the generality of any other.
Nature of charge. The charge operates:
(a) as a fixed charge as regards all present and future:
(i) freehold and leasehold property or any other interest in real property;
Nature of charge. 8 4.3 Dealing with Mortgaged Property ............................ 8 4.4 Crystallisation ............................................ 8 4.5 De-crystallisation ......................................... 9
Nature of charge. This charge is:
a. a fixed charge on all present and future:
i. unpaid capital;
ii. goodwill;
iii. interests in fixtures, buildings, plant, equipment and machinery;
iv. beneficial interest, claim or entitlement in any pension fund;
v. rights, title, interests and benefits in, to or in respect of the Profit Participating Loan Facility;
vi. Securities, Liens, instruments (negotiable or otherwise), insurance policies and documents of title at any time deposited with the Collateral Trustee by the Chargor for any purpose;
vii. Intellectual Property Rights;
viii. books of account, invoices, statements, ledger cards, computer software and records and other media relating to the Chargor’s business transactions;
b. a floating charge on the rest of the Charged Property.
Nature of charge. This charge is:
(a) (fixed charge) a fixed charge by way of equitable mortgage over the Chargor’s right, title and interest, present and future, in or arising under or in connection with:
(i) (real property etc) any real property and other immoveable property, and all buildings, fences, improvements and other erections, trade and other fixtures, fixed plant and machinery on, and the rights attached to, that real property;
(ii) (shares, stocks etc) all Marketable Securities, debt instruments, debenture stock, loan capital and other securities in or of any body corporate or unincorporated or any Governmental Agency, whether or not constituting or secured by a mortgage or charge, and all and any rights arising from any of them;
(iii) (title documents) all documents evidencing the Chargor’s title to Secured Property;
(iv) (engines, machinery etc) engines, machinery and plant (other than engines, machinery and plant which are acquired or manufactured by the Chargor for the purpose of resale or sale in the ordinary course of the Chargor’s ordinary business, or which are leased by the Chargor, or which are valued at less than $50,000);
(v) (book debts etc) all book debts of the Chargor, all proceeds of book debts of the Chargor and all invoices, ledgers, records and any other items which relate to the business transacted from time to Fixed and Floating Charge HXXXX XXXXX YORK time by the Chargor and all Security Interests, guarantees and other rights which the Chargor holds to enforce payment of its book debts;
(vi) (Intellectual Property) Intellectual Property and goodwill;
(vii) (capital) uncalled and called but unpaid capital (including any share premiums);
(viii) (agreements) all Rights Issue Documents, Material Contracts, agreements or arrangements of any nature (including each Insurance Policy) and all corresponding Associated Rights;
(ix) (personal property) all personal property not acquired for the purpose of disposal in the ordinary course of the Chargor’s ordinary business;
(x) (Insurance Proceeds) any Insurance Proceeds which are payable or paid to, or receivable or received by, the Chargor;
(xi) (Compensation Money) any Compensation Money which is paid or payable to, or receivable or received by, the Chargor; and
(xii) (Leases of Licences) all Leases or Licences held by or on behalf of the Chargor; and
(b) (floating charge) subject to clauses 19.2 and 19.3, a floating charge over the Chargor’s right, title and interest, present and future, in or aris...
Nature of charge. The Charge operates, subject to clause 4.4, as a floating charge only, over all the Mortgaged Property. -------------------------------------------------------------------------------- Page 10 SECURITY TRUST DEED XXXXX XXXXX & XXXXXXX --------------------------------------------------------------------------------
