Security Confirmations. In connection with the issuance of any Additional Notes, the Issuers and the Parent Guarantor shall, and the Parent Guarantor shall cause its Subsidiaries to, take those steps in certain jurisdictions (the “Security Confirmations”) that are taken as a matter of market practice to provide that the Notes then outstanding continue to benefit from the Collateral and the Security Documents and that the Additional Notes will benefit to the extent legally possible from the Collateral and the Security Documents. To the extent any Security Confirmations have not been effected on the date of issuance of the Additional Notes, subject to the Agreed Security Principles, the Issuers and the Parent Guarantor shall, and the Parent Guarantor shall cause its Subsidiaries to, use commercially reasonable efforts to effect such Security Confirmations as soon as practicable.
Security Confirmations. (a) Subject to Clause 4 (Swedish Limitations of Pledge) and Clause 5 (Danish Limitations of Pledge) of the Swedish Share Pledge Agreement, Scan Global Logistics A/S and SGL Express Holding AB confirms that the security created by it under the Swedish Share Pledge Agreement will continue in full force and effect and shall extend to the obligations and liabilities under the Secured Finance Documents, including the New Debt Bonds and the 2024 Terms and Conditions.
(b) Subject to the limitations set out in the Australian Security, each of Scan Global Logistics A/S, SGL international A/S and Scan Global Logistics Pty Ltd confirms that the security created by it under the Australian Security to which it is a party will continue in full force and effect and shall extend to the obligations and liabilities under the Secured Finance Documents, including to secure the New Debt Bonds and the 2024 Terms and Conditions which will be included in the "Secured Money" under each of the Australian Security.
(c) Subject to clause 2.4 (Danish security limitation) of the Hong Kong Share Mortgage (First-ranking) and clause 2.6 (Danish security limitation) of the Hong Kong Share Mortgage (Second-ranking), Scan Global Logistics A/S confirms that the security created by it under the Hong Kong Share Mortgages will continue in full force and effect and shall extend to the obligations and liabilities under the Secured Finance Documents, including the New Debt Bonds and the 2024 Terms and Conditions.
(d) Scan Global Logistics Limited 晟嘉亞美有限公司 confirms that the security created by it under the Hong Kong Security Agreements will continue in full force and effect and shall extend to the obligations and liabilities under the Secured Finance Documents, including the New Debt Bonds and the 2024 Terms and Conditions.
Security Confirmations. In connection with the issuance of any Additional Notes, the Issuer shall take those steps or cause to be taken by any relevant Subsidiary in certain jurisdictions (the “Security Confirmations”) that are taken as a matter of market practice to provide that the Notes then outstanding continue to benefit from the Collateral and the Security Documents and that the Additional Notes will benefit to the extent legally possible from the Collateral and the Security Documents. To the extent any Security Confirmations have not been effected on the date of issuance of the Additional Notes, the Issuer shall use commercially reasonable efforts to effect such Security Confirmations as soon as practicable.
Security Confirmations. Each Obligor (and the Company on behalf of itself and FSHC Properties (Holdings) Limited) confirms and agrees that:
(a) the Transaction Security, including the Transaction Security created under the Existing Transaction Security Documents set out in Part A (Existing Transaction Security Documents) of Schedule 3 (Transaction Security Documents) that it has granted prior to the Effective Date continue in full force and effect and will continue to do so on and after the Effective Date, subject to any applicable limitations included in the relevant Finance Documents;
(b) all of the Obligors’ liabilities and obligations arising under the Finance Documents form part of (but do not limit) the liabilities and obligations which are secured by the Transaction Security that it has granted, subject to any applicable limitations included in the relevant Finance Documents;
(c) the list of Existing Transaction Security Documents listed in Part A (Existing Transaction Security Documents) of Schedule 3 (Transaction Security Documents) is a full list of Transaction Security Documents which have been executed by the Obligors in respect of Secured Obligations (as such term is defined in the Intercreditor Agreement) as at the Effective Date; and
(d) solely with respect to the obligations under the Restated Facility Agreement, each of the Holdco Guarantor (acting through the EIL Administrators) and the Company hereby irrevocably and unconditionally confirm the covenants given by it pursuant to clause 2.1 of the Existing Transaction Security Documents (as applicable).
Security Confirmations. The Borrower confirms that, after giving effect to the amendments effected by this Amendment, any security interests created under Loan Agreement: (A) continue in full force and effect as security for the payment or discharge of all present and future obligations and liabilities (whether actual or contingent and whether owed jointly or severally or in any other capacity whatsoever) of the Borrower to the Lender; (B) continue to constitute legal, valid and binding obligations of the Borrower enforceable in accordance with their terms; and (C) inure to the benefit of the Lender and its successors, transferees and assigns. The Borrower shall, at the request of the Lender and at its own expense, do all such acts and things necessary or desirable to give effect to the amendments effected or to be effected pursuant to this Amendment.
Security Confirmations
