Permitted Security Interests amend the definition of Permitted Security Interest to add at the end of paragraph (t)(i): “or such Financial Indebtedness is otherwise Permitted Financial Indebtedness under paragraphs (ii) (as it relates to guarantees permitted under Clause 19.15(h) in respect of any Permitted Financial Indebtedness), (vii), (xi) (provided that at the time of the acquisition or other transaction pursuant to which such Financial Indebtedness was incurred and after giving effect to such incurrence on a pro forma basis (a) an Obligor could incur EUR 1 of debt under paragraph (xxii) of the definition of Permitted Financial Indebtedness or (b) the ratio of Senior Net Debt to Annualised EBITDA would not be greater than it was immediately prior to giving pro forma effect to such acquisition or other transaction and to the incurrence of such Financial Indebtedness), (xxii), (xxiii) and (xxiv) of the definition of Permitted Financial Indebtedness and guarantees thereof”.
Permitted Security Interests. (a) amend the definition of “Permitted Security Interest” to include in addition to the existing “Permitted Security Interests”:
(i) Security Interests (1) over the segregated trust accounts set up to fund productions, (2) required to be granted over productions to secure production grants granted by regional and/or national agencies promoting film production in the relevant regional and/or national jurisdiction and (3) over assets relating to specific productions funded by Production Facilities; and
(ii) Security Interests arising solely by virtue of any statutory or common law provisions or customary business provisions relating to banker’s liens, rights of set-off or similar rights and remedies as to deposit accounts or other funds maintained with a depositary institution.
(b) delete paragraph (i) of the definition of “Permitted Security Interest” and replace it with the following:
(i) over or affecting any asset of any company which becomes a member of the Borrower Group after the date of this Agreement, where such Security Interest is created prior to the date on which such company becomes a member of the Borrower Group (including Security Interests created, incurred or assumed in connection with or in contemplation of the relevant acquisition or transaction); provided, however that such Security Interests may not extend to any other property owned by any member of the Borrower Group (other than pursuant to after-acquired property clauses in effect with respect to such Security Interests at the time of acquisition on property of the type that would have been subject to such Security Interests notwithstanding the occurrence of the relevant acquisition or transaction);”
(c) delete paragraph (m) of the definition of “Permitted Security Interests” and replace it with the following:
Permitted Security Interests. Transactions similar to security (Without prejudice to clauses 29.3 (Financial Indebtedness) and 29.8 (Disposals)), the Borrower shall not:
Permitted Security Interests. The requirements of this Article VI shall not apply to a collateral assignment, pledge or other transfer creating a security interest in all or any portion of a Partner's interest in the Partnership under any mortgage, indenture or deed of trust created by such Partner not otherwise prohibited by the terms of any credit agreement or other instrument evidencing debt to which the Partnership is then subject.
Permitted Security Interests. A new subsection 13.4.7 is added to the Original Loan Agreement as follows:
Permitted Security Interests. Notwithstanding any other provisions hereof regarding the creation of Liens, but subject to the provisions of Section 6.1, the Borrower may (a) grant priority purchase money security interests in newly acquired items of tangible personal property and (b) lease tangible personal property from equipment lessors, as long as in each instance: (i) the aggregate value of such tangible personal property shall not exceed TWO HITNDRED THOUSAND DOLLARS ($200,000) or (ii) (A) the secured party or equipment lessor enters into an intercreditor agreement with, and satisfactory to, Lender, pursuant to which, without limiting-the foregoing, (1) Lender shall be afforded the option of curing defaults and the option of succeeding to the rights of Borrower and (2) Lender's security interest in tangible personal property shall be subordinated to the security interest granted to such secured party, (B) all of the terms, conditions and provisions of the financing, security interest or lease are reasonably acceptable to Lender, (C) Borrower provides a true and complete copy, as executed, of each such purchase money security agreement, financing document and equipment lease and all amendments thereto and (D) no such security interest, financing agreement or lease is cross-defaulted or cross-collateralized with any other obligation. In addition, notwithstanding any other provision hereof regarding the creation of Liens, Borrower shall also be permitted to grant a prior security interest in Receivables (with the Lender retaining a junior security interest therein) to an institutional lender which is providing a working capital line of credit (a "Working Capital Loan") for the exclusive use of Guarantor, Borrower and Affiliates of Borrower as long as such Lender enters into an intercreditor agreement with, and satisfactory to, Lender pursuant to which, without limiting the foregoing, (1) Lender shall be provided with notice with respect to defaults under the Working Capital Loan simultaneously with the delivery of such notice to Borrower and shall be afforded the option of curing defaults thereunder, (2) such lender's use of Instruments, Documents, General Intangibles and Chattel Paper shall be limited to a license only for the purpose of collecting Receivables and (3) the subordination of Lender's interest in the Receivables shall be of no force and effect and Lender's first priority security interest shall be reinstated from and after the occurrence of an Event of Default if, upon ...
Permitted Security Interests. Permitted Security Interests over new assets 24.1 If the Group acquires an asset over which there is a Permitted Security Interest, the Australian Parent undertakes that, except with the prior consent of the Bank: (a) it will promptly notify details to the Bank; (b) the maturity date of any financial obligation secured by that Permitted Security Interest will not be extended beyond the date of its maturity as at the Acquisition Date; (c) if the Permitted Security Interest secures any financial obligation which does not have a fixed maturity date as at the Acquisition Date, then that Permitted Security Interest will be discharged and released as soon as practicable after the asset is acquired, but in any case within 12 months after the Acquisition Date; (d) the principal or corresponding amount secured under that Permitted Security Interest will not be increased beyond the amount outstanding at the Acquisition Date, and shall be reduced in accordance with its terms. In the case of a revolving facility, the previous sentence will not prevent fluctuations within the overall limit of that facility that existed at the Acquisition Date. Permitted Security Interest over New Group Member 24.2 If a New Group Member has a Permitted Security Interest over any of its assets or revenues, the Australian Parent undertakes that:
(a) the maturity date of any financial obligation secured under that Permitted Security Interest will not be extended beyond the date of its maturity as at the Acquisition Date; (b) if the Permitted Security Interest secures any financial obligation which does not have a fixed maturity as at the Acquisition Date, the Permitted Security Interest will be discharged and released as soon as practical after the Acquisition Date, but in any case within 12 months after the Acquisition Date;
Permitted Security Interests. The Security Trustee and the Agent each acknowledge that the State Securities are "Permitted Security Interests" for the purposes of the Finance Documents.
Permitted Security Interests. Pursuant to Section 6.20 of the Senior Loan Agreement and Section 6.20 of the Subordinate Loan Agreement, Operations Co agrees to not create or permit to exist any Security Interest on any property or asset, including its revenues (including accounts receivable) or rights in respect of any thereof, now owned or hereafter acquired by it, except Permitted Security Interests, solely to the extent such unpermitted Security Interest would otherwise cause Project Co to fail to comply with its obligations under Section 6.20 of the Senior Loan Agreement and Section 6.20 of the Subordinate Loan Agreement.
Permitted Security Interests. The Board is aware that the General Security Agreement prohibits the creation or subsistence of any Charge over Secured Property (as those terms are defined in the General Security Agreement) other than:
10.3.1 a Charge created in favour of the Banks;
10.3.2 a lien arising only by operation of law in the ordinary course of business;
10.3.3 a security interest over assets securing all or part of the purchase price of those assets created in the ordinary course of business, where the amount secured is paid within 90 days; and
10.3.4 a security interest within the meaning of section 17(1)(b) of the Personal Property Securities Act 1999 (other than as constituted by a transfer of an accounts receivable, as defined in that Act) except to the extent that the relevant transfer, lease or consignment secures payment or performance of an obligation.