SCOPE OF THE PLEDGE. 5.1 The Pledge shall be a continuing security interest, shall remain in force until released in accordance with Clause 11, and shall in particular not be discharged by reason of the circumstance that there is temporarily no Secured Obligations currently owing to the Pledgee.
5.2 The Pledge shall not be discharged by the entry of any Secured Obligations into any current account, in which case the Pledge shall secure any provisional or final balance of such current account up to the amount in which such Secured Obligations were entered therein.
5.3 The Pledgee may at any time without discharging or in any way affecting the Pledge (a) grant the Pledgor any time or indulgence, (b) concur in any moratorium of the Secured Obligations, (c) abstain from taking or perfecting any other security interest and discharge any other security interest, (d) abstain from exercising any right or recourse or from proving or claiming any debt and waive any right or recourse, (e) apply any payment received from the Pledgor or for their account towards obligations of the Pledgor other than the Secured Obligations secured hereby, or (f) take any other action with respect to the Secured Obligations.
SCOPE OF THE PLEDGE. 4.1 The Pledges constituted by this Agreement include:
(a) the present and future rights to receive:
(i) dividends attributable to the Shares, if any; and
(ii) liquidation proceeds, redemption proceeds (Einziehungsentgelt ), repaid capital in case of a capital decrease, any compensation in case of termination (Kundigung) and/or withdrawal (Austritt) of a shareholder of the Company, the surplus in case of surrender (Preisgabe ), any repayment claim for any additional capital contributions (Nachschusse ) and all other pecuniary claims associated with the Shares;
(b) the right to subscribe for newly issued shares; and
(c) all other rights and benefits attributable to the Shares capable of being pledged (verpfiindbar) (including without limitation all present and future pecuniary claims of the Pledgor against the Company arising under or in connection with any domination and/or profit transfer agreement (Beherrschungs- und/oder Gewinnabfuhrungsvertrag) or partial profit transfer agreement ( Teilgewinnafahrungsvertrag) which may be entered into between the Pledgor and the Company).
4.2 Notwithstanding that the items set out in Clause 4.1 above are pledged hereunder, the Pledgor shall be entitled to receive and retain the items set out in Clause 4.1 in respect of, and otherwise deal (in accordance with the agreements between the parties) with all items described in Clause 4.1 hereof in respect of the Shares at all times other than any time the Pledgee is entitled to enforce the Pledges constituted hereunder.
4.3 On the date and during the period in which the Pledgee is entitled, in accordance with Clause 7 (Enforcement of the Pledges) hereof, to enforce the Pledges (or any part thereof):
(a) all dividends paid or payable and any other property received, receivable or otherwise distributed in respect of or in exchange for the Shares;
(b) all dividends or other distributions or payments paid or payable in respect of the Shares in connection with the partial or total liquidation or dissolution of the Company or in connection with the reduction of the amount of the registered share capital of the Company; and
(c) all cash paid, payable or otherwise distributed in respect of the principal of, or in redemption of, or in exchange for the Shares, shall be forthwith delivered to the Pledgee and held as security for and on behalf of the Secured Parties. If such proceeds or property are received by the Pledgor, they shall be received as trustee for the benefit of the Pledg...
SCOPE OF THE PLEDGE. 3.1 The scope of the Pledge under this Agreement shall include all the obligations of the Pledgors and the Company under the major agreements, including but not limited to loans and interest thereof under the major agreements (if applicable), all the service fees payable, all the debts owed, all the obligations and liabilities to be performed (including but not limited to any payment to the Relevant Personnel), liquidated damages (if any), indemnities, expenses incurred for exercising creditor’s rights and pledge rights (including but not limited to attorney fees, arbitration fees, and expenses related to the assessment and auction of the Pledged Shares) and any other related expenses. For the avoidance of doubt, the scope of the Pledge shall not be limited by the amount of capital contribution of shareholders.
SCOPE OF THE PLEDGE. 5.1 The Pledge shall be a continuing security, shall remain in force until released in accordance with Article 7, and shall in particular not be discharged by reason of the circumstance that there is at any time no obligation currently owing from the Pledgor to the Pledgees. For the avoidance of doubt it is however expressly understood that the Pledge may not be enforced at any time when there is no obligation currently owing from the Pledgor to the Pledgees.
SCOPE OF THE PLEDGE. The debts covered by the pledge of the Pledgor under the Agreement include the following:
(a) The principals, interests (including interests, interests on overdue debts and interests on late payment fines), costs, commitment fees, arranging fees, agent fees, other fees, expenditures, compensations, default fines, damages and expenses incurred to enforce the creditor’s rights (including but not limited to litigation fees, lawyers’ fees, notary fees, enforcement expenses, etc.) that the Borrower shall settle with or pay to the Secured Parties under the Transaction Finance Documents and any other amounts payable by the Borrower (regardless of whether the settlement or payment is due upon maturity of the loans or becomes due under other conditions); and
(b) All expenses incurred by the Secured Parties to enforce their secured rights and interests under the Agreement (including but not limited to litigation fees, lawyers’ fees, notary fees and enforcement expenses, etc) and any other amounts payable by the Pledgor, including any costs and expenses to be paid or compensations .to be made by the Pledgor to the Security Agent under Clause 11 (Costs and Expenses) and Clause 12 (Compensations) of the Agreement.
SCOPE OF THE PLEDGE. (a) In accordance with article L. 211-20 of the MFC, (i) all Securities initially standing to the credit of the Pledged Securities Account, (ii) all Securities which may be substituted for or added to the Securities referred to in (i) above in any manner whatsoever, and (iii) all Proceeds relating to the Securities referred to in (i) and (ii) above, will be included in the Pledge as security for the Secured Liabilities.
(b) In accordance with article L. 211-20 of the MFC, the Parties acknowledge that all Securities other than the Pledged Securities registered in the name of the Pledgor from time to time and which would not fall within the scope of the Pledge pursuant to the provisions of Clause 3(a) above (the “New Securities”) shall nevertheless be transferred to the credit of the Pledged Securities Account as security for the Secured Liabilities, and shall thereafter be subject to the same conditions as those that apply to the Pledged Securities. The same shall apply to Securities which may be substituted for or added to the New Securities in any manner whatsoever as well as to the Proceeds relating thereto.
(c) For the purpose of Clause 3(b) above, the Pledgor shall, as soon as practicable after having acquired New Securities, transfer or cause to be transferred such New Securities to the Pledged Securities Account and undertakes to:
(i) execute and deliver to the Beneficiaries any necessary document (and in particular any transfer order (ordre de mouvement) relating to the Table of Contents New Securities) for the purpose of transferring the New Securities to the credit of the Pledged Securities Account;
(ii) cause or procure the Securities Account Holder to transfer the New Securities to the credit of the Pledged Account; and
(iii) cause or procure the Securities Account Holder to deliver to the Beneficiaries a certificate evidencing that the New Securities, together with Securities previously pledged in accordance with this Agreement, are standing to the credit of the Pledged Securities Account.
SCOPE OF THE PLEDGE. 3.1 The pledge hereunder covers the Master Claim of RMB50 million, and liquidated damages and indemnities payable as a result of default of the Debtor, fees payable by the Debtor to the Creditor and fees incurred by the Creditor from realization of the claim and the security under the Master Contract.
3.2 Fees incurred by the Creditor from realization of the claim and the security mean all fees incurred from exercising rights and interests under the Master Contract, this Agreement and other security contract, including but not limited to court costs (or arbitration fees), attorney’s fees, appraisal fees, auction fees and travel expenses.
SCOPE OF THE PLEDGE. 3.1 Scope of the Pledge under this Agreement shall include all pledged liabilities, including service fees incurred by Service Agreement, interests, damages, compensation, costs for enforcement of liabilities, the direct losses Pledgee suffers which are incurred by default of [Affiliated Consolidated Entity] and all other due expenses.
SCOPE OF THE PLEDGE. 4.1 The Pledge 1 constituted by this Agreement include:
4.1.1 the present and future rights to receive:
(a) profits payable in relation to the GP Interests (Gewinnanspruch), if any and, in particular but not limited to, any and all rights and claims arising in connection with the capital accounts (Kapitalkonten) and the private account (Privatkonto) of the Pledgor, if any (including, but not limited to, interest payable on any of these accounts);
(b) liquidation proceeds (Liquidationserlöse), consideration for redemption (Abfindungsansprüche), repaid capital in case of a decrease of the special contribution (Sondereinlage), any compensation in case of termination (Kündigung) and/or withdrawal (Ausscheiden) of a partner of the Company, any claim to a distribution-quote (Auseinandersetzungsanspruch) and all other pecuniary claims (geldwerte Forderungen) associated with the GP Interests; and
(c) compensation for the management (Geschäftsführungstätigkeit) of the Company, for the assumption of liability (Haftungsübernahme) and for the contribution (Vermögenseinlage); and
4.1.2 all other rights and benefits attributable to the GP Interests.
4.2 The Pledges 2 constituted by this Agreement include:
4.2.1 the present and future rights:
(a) to receive and/or withdraw dividends, to receive payments under an interest coupon (Zinsanteilsschein), dividend coupon (Dividendenschein) or talon (Erneuerungsschein) and any other similar cash payments and other forms of profit distribution;
(b) to receive all other pecuniary claims associated with the relevant Shares;
(c) to subscribe for newly issued shares of the Company; and
4.2.2 all other rights and benefits attributable to the Shares capable of being pledged (verpfändbar) (including without limitation all present and future pecuniary claims of Pledgor 2 against the Company arising under or in connection with any domination and/or profit transfer agreement (Beherrschungs- und/oder Gewinnabführungsvertrag) or partial profit transfer agreement (Teilgewinnabführungsvertrag) which may be entered into between Pledgor 2 and the Company).
4.3 Notwithstanding that the items set out in sub-Clause 4.1 and sub-Clause 4.2 above are pledged hereunder, each Pledgor shall be entitled to receive and retain the items set out in sub-Clause 4.1 and sub-Clause 4.2 (respectively) above in respect of, and otherwise deal (in accordance with the provisions of this Agreement and any other Principal Finance Document) with all items described in s...
SCOPE OF THE PLEDGE. 5.1 The Pledge is a continuing security interest, will remain in full force and effect until released in accordance with Clause 8.
5.2 The Pledge shall not be discharged or affected by any of the Pledgees (i) granting the Pledgor any time or indulgence, (ii) concurring in any moratorium of the Secured Obligations, (iii) agreeing to any amendment of the terms and conditions of the Secured Obligations with the consent of relevant parties, (iv) abstaining from taking or perfecting any other security interest and discharging any other security interest, (v) abstaining from exercising any right or recourse or from proving or claiming any debt and waive any right or recourse, or (vi) taking any other action with respect to the Secured Obligations.
5.3 The Pledge shall not in any way be affected by any stamping, regrouping, splitting or renewal of the Shares, or by any similar operation, and the securities resulting from any such operation shall be part of the Pledged Assets.
5.4 The Pledge shall be in addition to and shall not in any way prejudice, or be prejudiced by or dependent on, any Encumbrance now or hereafter granted as security for the Secured Obligations to the Pledgees or any Encumbrance to which any of the Pledgees may be entitled. The rights of the Pledgees hereunder are in addition to and not exclusive of those provided by law, rule or regulation.