RELEASE AND TRANSFER. (a) The Security Trustee shall, upon the full performance and discharge of the Secured Obligations to the satisfaction of the Security Trustee and the Finance Parties, at the request and cost of the relevant Chargor(s) and in such form as the Security Trustee shall reasonably approve, release and transfer to the relevant Chargor(s), the Collateral then the subject of the Security Interest constituted by this Deed. (b) Notwithstanding any discharge, release or settlement from time to time between the Security Trustee and/or any other Finance Party and the Borrower and/or any Chargor, if any security, disposition or payment granted or made to the Security Trustee and/or any other Finance Party in respect of the Secured Obligations by the Borrower or any Chargor or any other person is avoided or set aside or ordered to be surrendered, paid away, refunded or reduced by virtue of any provision, law or enactment relating to bankruptcy, insolvency, liquidation, winding-up, composition or arrangement for the time being in force or for any other reason, the Finance Parties shall be entitled thereafter to enforce this Deed as if no such discharge, release or settlement had occurred.
Appears in 2 contracts
Samples: Debenture (China Netcom Group CORP (Hong Kong) LTD), Debenture (China Netcom Group CORP (Hong Kong) LTD)
RELEASE AND TRANSFER. (a) The Security Trustee shall, upon the full performance and discharge of the Secured Obligations to the satisfaction of the Security Trustee and the Finance Parties, at the request and cost of the relevant Chargor(s) Subordinated Lender and in such form as the Security Trustee shall reasonably approve, release and transfer to the relevant Chargor(s)Subordinated Lender, the Collateral Secured Indebtedness then the subject of the Security Interest constituted by this Deed.
(b) Notwithstanding any discharge, release or settlement from time to time between the Security Trustee and/or any other Finance Party and the Borrower and/or Subordinated Lender or any Chargorof the Debtors, if any security, disposition or payment granted or made to the Security Trustee and/or any other Finance Party in respect of the Secured Obligations by the Borrower or Subordinated Lender, any Chargor of the Debtors or any other person is avoided or set aside or ordered to be surrendered, paid away, refunded or reduced by virtue of any provision, law or enactment relating to bankruptcy, insolvency, liquidation, winding-up, composition or arrangement for the time being in force or for any other reason, the Finance Parties Security Trustee shall be entitled thereafter to enforce this Deed as if no such discharge, release or settlement had occurred.
Appears in 2 contracts
Samples: Group Subordination Deed (China Netcom Group CORP (Hong Kong) LTD), Group Subordination Deed (China Netcom Group CORP (Hong Kong) LTD)
RELEASE AND TRANSFER. (a) The Security Trustee shall, upon the full performance and discharge of the Secured Obligations to the satisfaction of the Security Trustee and the Finance Parties, at the request and cost of the relevant Chargor(s) and in such form as the Security Trustee shall reasonably approve, release and transfer to the relevant Chargor(s), the Collateral then the subject of the Security Interest constituted by this Deed.
(b) Notwithstanding any discharge, release or settlement from time to time between the Security Trustee and/or any other Finance Party and the Borrower and/or any Chargor, if any security, disposition or payment granted or made to the Security Trustee and/or any other Finance Party in respect of the Secured Obligations by the Borrower or any Chargor or any other person is avoided or set aside or [Hong Kong Group Debenture] ordered to be surrendered, paid away, refunded or reduced by virtue of any provision, law or enactment relating to bankruptcy, insolvency, liquidation, winding-up, composition or arrangement for the time being in force or for any other reason, the Finance Parties shall be entitled thereafter to enforce this Deed as if no such discharge, release or settlement had occurred.
Appears in 2 contracts
Samples: Debenture (China Netcom Group CORP (Hong Kong) LTD), Debenture (China Netcom Group CORP (Hong Kong) LTD)
RELEASE AND TRANSFER. (a) The Security Trustee shall, upon the full performance and discharge of the Secured Obligations to the satisfaction of the Security Trustee and the Finance Parties, at the request and cost of the relevant Chargor(s) Subordinated Lenders and in such form as the Security Trustee shall reasonably approve, release and transfer to the relevant Chargor(s)Subordinated Lenders, the Collateral Secured Indebtedness then the subject of the Security Interest constituted by this Deed.
(b) Notwithstanding any discharge, release or settlement from time to time between the Security Trustee and/or any other Finance Party and any Subordinated Lender or the Borrower and/or any ChargorBorrower, if any security, disposition or payment granted or made to the Security Trustee and/or any other Finance Party in respect of the Secured Obligations by any Subordinated Lender, the Borrower or any Chargor or any other person is avoided or set aside or ordered to be surrendered, paid away, refunded or reduced by virtue of any provision, law or enactment relating to bankruptcy, insolvency, liquidation, winding-up, composition or arrangement for the time being in force or for any other reason, the Finance Parties Security Trustee shall be entitled thereafter to enforce this Deed as if no such discharge, release or settlement had occurred.
Appears in 2 contracts
Samples: Group Subordination Deed (China Netcom Group CORP (Hong Kong) LTD), Group Subordination Deed (China Netcom Group CORP (Hong Kong) LTD)