Secured Creditor. All of the rights and remedies of a secured party under the Uniform Commercial Code of the State where such rights and remedies are asserted, or under other applicable law, all of which rights and remedies shall be cumulative, and none of which shall be exclusive, to the extent permitted by law, in addition to any other rights and remedies contained in this Agreement.
Secured Creditor. Each of the parties to this Agreement acknowledges and agrees that the Secretary of State shall, subject to clause 9.4 (Postponement), be a Secured Creditor in respect of all of its rights under clauses 9.1 (Reimbursement and indemnity) and 9.2 (Subrogation).
Secured Creditor. Each Funding 2 Secured Creditor agrees that any amounts due to the Eligible GIC Custodian or any agent, delegate or sub-delegate of the Eligible GIC Custodian shall be paid pro rata and pari passu with amounts due to the Funding 2 Account Bank in accordance with the Funding 2 Priority of Payments. Each Funding 2 Secured Creditor agrees to enter into an Accession Deed in order for the Eligible GIC Custodian to become a Funding 2 Secured Creditor.
Secured Creditor. The Secured Creditor shall not at any time sell, assign, novate, securitise or otherwise transfer (in whole or in part) its rights and/or obligations under this Agreement to any person (each such person, a “Transferee”), other than (i) to any of its Affiliates in connection with a sale, assignment or transfer of all rights and obligations of the Secured Creditor under the Bond, the Credit Line, the Indemnity Letter and any other legal relationship relating thereto, or (ii) with the prior written consent of the Pledgor.
Secured Creditor. Other than Permitted Encumbrances, First Union Commercial Credit Corporation holds the only Lien on the Purchased Assets, which Lien shall be released at Closing. The Seller, CD&L and the Purchaser agree to provide First Union with all agreements and documents reasonably requested by First Union to effect this transaction and to release such Lien. At the Closing, the Seller shall provide the Purchaser with evidence of the release of such Lien.
Secured Creditor. 9 Section 2.7 Allocation of the Purchase Price...................................................9 Section 2.8 Closing............................................................................9
Secured Creditor. All of the rights and remedies of a secured party under the UCC of the State where such rights and remedies are asserted, or under other applicable law, all of which rights and remedies shall be cumulative, and none of which shall be exclusive, to the extent permitted by law, in addition to any other rights and remedies contained in this Agreement.
Secured Creditor. Cash Tender Rights may be exercised by a secured creditor (provided that the secured creditor referenced in this Section 5.3 is an Institutional Lender) to whom a Holder has pledged Units of Partnership Interest even though such secured creditor does not become an assignee of such Holder pursuant to Section 5.1 of this Agreement, provided that such Holder grants to such secured creditor in a written instrument the right to exercise such Holder's Cash Tender Rights, provided, further, that the secured creditor provides the Company at the time it exercises any Cash Tender Rights on behalf of a Holder with such indemnifications and certifications as are reasonably satisfactory in form and in substance to the Company. The Company shall not be required in any way to determine the validity or sufficiency, whether in form or in substance, of any written instrument referred to in the preceding sentence, and it shall be sufficient if any writing purporting to be such instrument is delivered to the Company and purports on its face to be correct in form and signed or otherwise executed by such Holder. The Company may continue to rely on such written instrument until such time, if any, that it receives a written instrument from such secured creditor revoking the authority granted by the written instrument referred to in the first sentence of this Section 5.3.
Secured Creditor. It is proposed that the current secured creditor, which is owed approximately RM12.0 million by BJDSB and RM61.6 million by Xx Xxx as at the Cut-off Date be settled in full. Ho Hup has recently entered into a refinancing credit facilities to fully redeem the secured creditor, which is a necessary component of the secured creditor scheme. Upon the completion of the abovesaid refinancing, the current secured creditor shall have been settled in full and will no longer be part of the Scheme Creditors. The refinancer and refinancing facilities do not form part of the Scheme Creditors.
Secured Creditor. As defined in each of the Existing Credit Agreement and the Term Credit Agreement.
