Common use of Permitted assignment and charges Clause in Contracts

Permitted assignment and charges. The restraints set forth in Clause 36.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets and their related Documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 29.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire SPD to or in favour of the Lenders’ Lenders‟ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 31.1 shall not apply to: (a) a. liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) b. mortgages/pledges/hypothecation of goods/assets other than Project Assets and their related Documents documents of title, a charge on the Escrow Account, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) c. assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) and d. liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 28.1 shall not apply to: (a) a. liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) b. mortgages/pledges/hypothecation of goods/assets other than Project Assets and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) c. assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) d. liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 Article 24.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire Service Provider to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. 11.2.1 The restraints set forth in Clause 36.1 11.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the ProjectProject ; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets Assets, and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 Article [19.1 and 19.2] shall not apply to: (ai) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (bii) mortgages/pledges/hypothecation of goodsequipment/assets other than Project Assets Facilities, and their related Documents documents of title, title arising or created in the ordinary course of business of the Project, Project and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (ciii) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (div) liens or encumbrances Encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 40.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the ProjectProject Highway; (b) mortgages/pledges/hypothecation hypnotization of goods/assets other than Project Assets project assets and their related Documents documents of title, arising or created in the ordinary course of business of the Projectproject highway, and as security only for indebtedness to the Senior Lenders lenders under the Financing Agreements and/or for working capital arrangements for the Project;project highway.. (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 32.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets Assets, and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Lenders‟ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 40.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ ' Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 26.1 shall not apply to: (ai) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (bii) mortgages/pledges/mortgages/ pledges/ hypothecation of goods/goods/ assets other than Project Assets Seabed and their related Documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (ciii) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (div) liens or encumbrances Encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 35.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the ProjectStorage Facility; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets and their related Documents documents of title, arising or created in the ordinary course of business of the ProjectStorage Facility, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project;Storage Facility (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 30.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) same in the ordinary course of business of the Project; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets Residential Property and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire DEVELOPER to or in favour favor of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 29.1 shall not apply to: (a) a. liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) b. mortgages/pledges/hypothecation of goods/assets other than Project Assets and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) c. assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) d. liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 35.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets Assets, and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ ' Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 34.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the ProjectProject ; (b) mortgages/pledges/hypothecation of goods/assets Project Assets (other than the Land forming part of the Project Assets Site), and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 28.1 shall not apply to: (ai) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (bii) mortgages/pledges/mortgages/ pledges/ hypothecation of goods/goods/ assets other than Project Assets Seabed and their related Documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (ciii) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (div) liens or encumbrances Encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 29.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets Assets, and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances Encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 34.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) mortgages/pledges/mortgages/ pledges/ hypothecation of goods/goods/ assets other than Project Assets and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or and/ or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ ' Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 (2) above, shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets Assets, and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements Documents and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing AgreementsDocuments; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 35.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Project; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets Assets, and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire to or in favour of the Lenders’ Lenders‟ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.

Permitted assignment and charges. The restraints set forth in Clause 36.1 30.1 shall not apply to: (a) liens arising by operation of law (or by an agreement evidencing the same) same in the ordinary course of business of the Project; (b) mortgages/pledges/hypothecation of goods/assets other than Project Assets Residential Property and their related Documents documents of title, arising or created in the ordinary course of business of the Project, and as security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project; (c) assignment of rights, interest and obligations of the Concessionaire Developer to or in favour favor of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by and in accordance with the Substitution Agreement as security for financing provided by Senior Lenders under the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law.