OTHER SECURITY ETC. 16.1 This security is in addition to, and shall neither be merged in, nor in any way exclude or prejudice, any other Encumbrance, right of recourse or other right whatsoever which the Bank may now or at any time hereafter hold or have (or would apart from this security hold or have) as regards the Counterparty or any other person in respect of the Secured Obligations. Notwithstanding the aforesaid, the Secured Obligations will not, in the absence of an express disapplication of clause 2.5(b) of the Framework Agreement, be secured by any Other Deed of Charge.
16.2 Notwithstanding anything to the contrary contained in the Conveyancing Act, the Bank reserves the right to consolidate mortgage securities without restriction.
16.3 The Counterparty shall not take any action under Section 94 of the Conveyancing Act in respect of the Charged Property, this Deed of Charge or any monies, obligations or liabilities hereby covenanted to be paid or discharged.
16.4 The powers which this Deed of Charge confers on the Bank and the Receiver are cumulative, without prejudice to their respective powers under the general law, and may be exercised as often as the Bank or the Receiver thinks appropriate. The Bank or the Receiver may, in connection with the exercise of their powers, join or concur with any person in any transaction, scheme or arrangement whatsoever; and the Counterparty acknowledges that the respective powers of the Bank and the Receiver shall in no circumstances whatsoever be suspended, waived or otherwise prejudiced by anything other than an express waiver or variation in writing.
16.5 No failure or delay by any party hereto in exercising any right, power, remedy or privilege under this Deed of Charge or available at law shall impair such right, power, remedy or privilege or operate as a waiver thereto. The single or partial exercise of any right, power or remedy under this Deed of Charge or at law shall not preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege under this Deed of Charge or at law. The rights, powers, remedies and privileges provided in this Deed of Charge are cumulative and not exclusive of any rights and remedies provided by law.
OTHER SECURITY ETC. 16.1 This security is in addition to, and shall neither be merged in, nor in any way exclude or prejudice or be affected by, any other Security Interest, right or recourse or other right whatsoever which the Note Trustee may now or at any time hereafter hold or have (or would apart from the provisions of this Deed hold or have) as regards the Issuer or any other person in respect of the Secured Amounts.
OTHER SECURITY ETC. 36 26 MISCELLANEOUS...................................................................................... 36 SCHEDULE 1 - PROPERTIES..................................................................................... 38 [Debenture] SCHEDULE 2 - BANK ACCOUNTS.................................................................................. 39 SCHEDULE 3 - DETAILS OF SHARES.............................................................................. 40 SIGNATURE PAGE.............................................................................................. 42 [Asia Netcom Corporation Debenture] THIS DEED OF DEBENTURE is made on 27 July 2004 BETWEEN:-
OTHER SECURITY ETC. 25.1 If the Security Trustee is obliged for any reason whatsoever to repay, whether to the Chargor or any other person, any amount received, recovered or applied by the Security Trustee in or towards satisfaction of the Secured Obligations, the liability of the Chargor for such Secured Obligations shall not be satisfied by such receipt, recovery or application, and the same shall remain due and payable by the Chargor as part of the Secured Obligations and secured by this Deed accordingly.
OTHER SECURITY ETC. 39 26 MISCELLANEOUS...................................................................................... 39 SCHEDULE 1 - CHARGORS' DETAILS.............................................................................. 41 [Group Debenture] SCHEDULE 2 - PROPERTIES..................................................................................... 42 SCHEDULE 3 - BANK ACCOUNTS.................................................................................. 43 SCHEDULE 4 - DETAILS OF SHARES.............................................................................. 44 SCHEDULE 5 - PARTICULARS OF THE TKO LAND.................................................................... 45 SCHEDULE 6 - LIST OF TRADE AND TENANT MACHINERY CHATTELS AND FITTINGS....................................... 46 SCHEDULE 6A - STRAIGHT LINE DIAGRAMS OF THE AS-LAID SEGMENTS C AND D OF THE EAST ASIA CROSSING CABLE SYSTEMS PHASE 1............................................................................................. 48 SCHEDULE 6B - LIST OF TERMINATION STATION EQUIPMENT......................................................... 49
OTHER SECURITY ETC. 25.1 No restrictions imposed by any ordinance or other statutory provision in relation to the exercise of any power of sale or consolidation, including without limitation paragraph 11 of the Fourth Schedule to the CPO, shall apply to this Deed.
25.2 If the Security Trustee is obliged for any reason whatsoever to repay, whether to the Chargor or any other person, any amount received, recovered or applied by the Security Trustee in or towards satisfaction of the Secured Obligations, the liability of the Chargor for such Secured Obligations shall not be satisfied by such receipt, recovery or application, and the same shall remain due and payable by the Chargor as part of the Secured Obligations and secured by this Deed accordingly.
OTHER SECURITY ETC. 25.1 Section 21 of the Act shall not apply in relation to any of the charges contained in this Deed.
25.2 If the Security Trustee is obliged for any reason whatsoever to repay, whether to the Chargor or any other person, any amount received, recovered or applied by the Security Trustee in or towards satisfaction of the Secured Obligations, the liability of the Chargor for such Secured Obligations shall not be satisfied by such receipt, recovery or application, and the same shall remain due and payable by the Chargor as part of the Secured Obligations and secured by this Deed accordingly.
OTHER SECURITY ETC. 14 17. Limited Recourse; Non-Petition.................................................................14 18.
OTHER SECURITY ETC. Section 93 of the Law of Property Xxx 0000 (restricting rights of consolidation of mortgages) (or any statutory re-enactment, variation or modification thereof or any law of similar effect in any jurisdiction) shall not apply in relation to this Mortgage.
OTHER SECURITY ETC. 24 21. Set-Off...............................................................25 22.
