Common use of Resignation and release of security on disposal Clause in Contracts

Resignation and release of security on disposal. If a Borrower or Guarantor is or is proposed to be the subject of a Third Party Disposal then: (a) where that Obligor created Transaction Security over any of its assets or business in favour of the Security Agent, or Transaction Security in favour of the Security Agent was created over the shares (or equivalent) of that Obligor, the Security Agent may, at the cost and request of the Parent, release those assets, business or shares (or equivalent) and issue certificates of non-crystallisation; (b) the resignation of that Obligor and related release of Transaction Security referred to in paragraph (a) above shall not become effective until the date of that disposal; and (c) if the disposal of that Obligor is not made, the Resignation Letter of that Obligor and the related release of Transaction Security referred to in paragraph (a) above shall have no effect and the obligations of the Obligor and the Transaction Security created or intended to be created by or over that Obligor shall continue in such force and effect as if that release had not been effected.

Appears in 3 contracts

Samples: Facilities Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)

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Resignation and release of security on disposal. If a Borrower or Guarantor is or is proposed to be the subject of a Third Party Disposal then: (a) where that Obligor created Transaction Security over any of its assets or business in favour of the Security Agent, or Transaction Security in favour of the Security Agent was created over the shares (or equivalent) of that Obligor, the Security Agent may, at the cost and request of the Parent, release those assets, business or shares (or equivalent) and issue certificates of non-crystallisation; (b) the resignation of that Obligor and related release of Transaction Security referred to in paragraph (a) above shall not become effective until the date of that disposal; and (c) if the disposal of that Obligor is not made, the Resignation Letter of that Obligor and the related release of Transaction Security referred to in paragraph (a) above shall have no effect and the obligations of the Obligor and the Transaction Security created or intended to be created by or over that Obligor shall continue in such force and effect as if that release had not been effected.. SECTION 10 THE FINANCE PARTIES

Appears in 1 contract

Samples: Financing Agreement

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