Negative Charge. As long as Series C Bonds will be in circulation (i.e., as long as the Series C Bonds have not been repaid or discharged in full in any way, including by way of a self-purchase and/or early redemption), the Company undertakes that except as stated in section 6.6.5.5 above, it will not sell or charge and/or agree and/or undertake to charge for any obligation of its own or of others, in favor of any third party, participating units of Xxxx Convenience, as will be held by ACS, in whole or in part, as applicable, without the consent of the Holders of the Series C Bonds, which will be adopted at a meeting of the Holders of the Series C Bonds, at which there are present the Holders of the Series C Bonds who hold in person or by proxy at least fifty percent (50%) of the balance of the par value of the Series C Bonds in circulation, or at a deferred meeting, at which there are present the Holders of Series C Bond who hold in person or by proxy at least twenty percent (20%) of the aforesaid balance, and which is adopted by a majority of the Bondholders who hold at least two thirds (2/3) of the number of votes at the general meeting of the Holders of the Series C Bonds. As of the date of signing this Trust Deed, the Company is the owner of all the (indirect) rights that are attached to the participating units in Xxxx Convenience and they are not pledged, charged or subject to a lien in favor of anyone else, and there is no restriction or condition that apply by law or agreement to charging them, subject to the charge of the balance of ACS’s shares in favor of the Holders of the series H Bonds and except for a negative charge in favor of the Holders of the series H Bonds. Without derogating from the aforesaid, the Company undertakes that as long as there are Series C Bonds in circulation, Xxxx Convenience will not take upon itself financial undertakings to third parties that are unrelated to the Company and/or the companies of the group. It should be clarified that the Company’s undertaking as aforesaid is not to charge the participating units of Xxxx Convenience only, and this undertaking does not prevent the Company from charging its rights to the repayment of shareholders’ loans that the Company advanced to Xxxx Convenience and the repayment of capital notes that were issued to the Company and/or ACS by Xxxx Convenience, before making the issuance of the Series C Bonds and/or shareholders’ loans that will be advanced in the future to Xxxx Convenience, to the exten...
