Permitted assignment and charges. The restraints set forth in Clause 10.1 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. For the avoidance of doubt, the Senior Lenders wouldbe entitled to create a lien on the Escrow Account, subject to and without prejudice to the rights ofthe Concessioning Authority under this Agreement; (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 andin accordance with the Substitution Agreement as security for financing provided by Senior Lendersunder the Financing Agreements; and (d) liens or encumbrances required by any Applicable Law
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Permitted assignment and charges. The restraints set forth in Clause 10.1 28.1 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. For the avoidance of doubt, the Senior Lenders wouldbe would be entitled to create a lien on the Escrow Account, subject to and without prejudice to the rights ofthe Concessioning of the Authority under this Agreement;
(c) assignment of rights, interest and obligations of the Concessionaire to or in favour favor of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by andin and in accordance with the Substitution Agreement as security for financing provided by Senior Lendersunder Lenders under the Financing Agreements; and
(d) liens Liens or encumbrances required by any Applicable Law.
Appears in 1 contract
Samples: Concession Agreement
Permitted assignment and charges. The restraints set forth in Clause 10.1 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. For the avoidance of doubt, the Senior Lenders wouldbe would be entitled to create a lien on the Escrow Account, subject to and without prejudice to the rights ofthe of the Concessioning Authority under this Agreement;
(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 andin and in accordance with the Substitution Agreement as security for financing provided by Senior Lendersunder Lenders under the Financing Agreements; and
(d) liens or encumbrances required by any Applicable Law
Appears in 1 contract
Samples: Concession Agreement
Permitted assignment and charges. The restraints set forth in Clause 10.1 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. For the avoidance of doubt, the Senior Lenders wouldbe would be entitled to create a lien on the Escrow Account, subject to and without prejudice to the rights ofthe of the Concessioning Authority under this Agreement;
(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 andin and in accordance with the Substitution Agreement as security for financing provided by Senior Lendersunder Lenders under the Financing Agreements; and
(d) liens or encumbrances required by any Applicable Law
Appears in 1 contract
Samples: Concession Agreement
Permitted assignment and charges. The restraints set forth in Clause 10.1 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/hypothecation of goods/assets other than Project Assets and their related documents of title, a charge on the Escrow account arising or created in the ordinary course of business of the Project, and as a security only for indebtedness to the Senior Lenders under the Financing Agreements and/or for working capital arrangements for the Project. For the avoidance of doubt, the Senior Lenders wouldbe would be entitled to create a lien on the Escrow Account, subject to and without prejudice to the rights ofthe Concessioning of the Authority under this Agreement;.
(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 andin and in accordance with the Substitution Agreement as security for financing provided by Senior Lendersunder Lenders under the Financing Agreements; and
(d) liens or encumbrances required by any Applicable Law.
Appears in 1 contract
Samples: Concession Agreement
Permitted assignment and charges. The restraints set forth in Clause 10.1 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/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. For the avoidance of doubt, the Senior Lenders wouldbe would be entitled to create a lien on the Escrow Account, subject to and without prejudice to the rights ofthe Concessioning of the Authority under this Agreement;
(c) assignment of rights, interest and obligations of the Concessionaire to or in favour favor of the Lenders’ Representative as nominee and for the benefit of the Senior Lenders, to the extent covered by andin and in accordance with the Substitution Agreement as security for financing provided by Senior Lendersunder Lenders under the Financing Agreements; and
(d) liens Liens or encumbrances required by any Applicable Law.
Appears in 1 contract
Samples: Concession Agreement