Swiss Security Documents. Without limiting any other rights of the Security Agent under this Agreement, in relation to the Transaction Security Documents governed by the laws of Switzerland (the “Swiss Security Documents”) the following shall apply:
(a) the Security Agent holds:
(i) any security constituted by such Swiss Security Document (but only in relation to an assignment or any other non-accessory (nicht akzessorische) Security);
(ii) the benefit of this paragraph (a); and
(iii) any proceeds of such security, as fiduciary (treuhänderisch) in its own name but for the account of all relevant Secured Parties which have the benefit of such security in accordance with this Agreement and the respective Swiss Security Document (each a “Swiss Secured Party”);
(b) each present and future Swiss Secured Party hereby authorises the Security Agent:
(i) acting for itself and in the name and for the account of such Swiss Secured Party to accept as its direct representative (direkter Stellvertreter) any Swiss law pledge or any other Swiss law accessory (akzessorische) security made or expressed to be made to such Swiss Secured Party in relation to the Swiss Security Documents, to hold, administer and, if necessary, enforce any such security on behalf of each relevant Swiss Secured Party which has the benefit of such security;
(ii) to agree as its direct representative (direkter Stellvertreter) to amendments and alterations to any Swiss Security Document which creates a pledge or any other Swiss law accessory (akzessorische) Security;
(iii) to effect as its direct representative (direkter Stellvertreter) any release of a security created under a Swiss Security Document in accordance with this Agreement; and
(iv) to exercise as its direct representative (direkter Stellvertreter) such other rights granted to the Security Agent hereunder or under the relevant Swiss Security Document;
(c) the Security Agent, when acting in its capacity as creditor of the Parallel Debt, holds:
(i) any Swiss law pledge or any other Swiss law accessory (akzessorische) security;
(ii) any proceeds of such security; and
(iii) the benefit of this paragraph and of the Swiss Parallel Debt, as creditor in its own right but for the benefit of the Swiss Secured Parties in accordance with this Agreement.
Swiss Security Documents. 4.1 Share pledge agreement entered into by Constellium Holdco II in respect of its shares in Constellium Switzerland AG.
4.2 Intercompany receivables assignment agreement entered into by Constellium Switzerland AG.
4.3 Bank account pledge agreement entered into by Constellium Switzerland AG.
4.4 Share pledge agreement entered into by Constellium Holdco II in respect of its shares in Constellium Valais SA.
4.5 Intercompany receivables assignment agreement entered into by Constellium Valais SA.
4.6 Bank account pledge agreement entered into by Constellium Valais SA.
4.7 Bank account pledge agreement entered into by Constellium Finance S.A.S.
4.8 Security Confirmation Agreement regarding Swiss law governed Security Documents.
Swiss Security Documents. Within 30 (thirty) days after the Effective Date, the Borrowers shall ensure that revised articles of incorporation (Statuten) of Constellium Switzerland AG, whereby the amended articles of incorporation shall contain a corporate purpose provision which explicitly allows for up-stream and cross-stream security to be granted by Constellium Switzerland AG, shall be approved by the shareholders’ meeting of Constellium Switzerland AG and filed for registration with the relevant commercial register; and
Swiss Security Documents. First ranking share pledge agreement over the shares of Sappi Pulp Trading AG and Sappi Schweiz AG
Swiss Security Documents. The Assignment Agreement., dated April 23, 2010, among Patheon International AG as assignor, the Collateral Agent and Deutsche Bank Trust Company Americas, as notes collateral agent.
Swiss Security Documents. 66 13 DEFINITIONS .............................................................................................................................................. 66 13.1. Definitions....................................................................................................................................... 66 Exhibit A: Loan Advance Request Form Exhibit B-1: Form of Tranche A Term Loan Note Exhibit B-2: Form of Tranche B Term Loan Note Exhibit B-3: Form of Tranche C Term Loan Note Exhibit B-4: Form of Tranche D Term Loan Note Exhibit C: Form of Security Agreement Exhibit D: Commitments; Notice Addresses Exhibit E: Form of Compliance Certificate
Swiss Security Documents. Without limiting any other rights of the Collateral Agent under this Agreement, in relation to the Swiss Security Documents:
Swiss Security Documents. Without limiting any other rights of the Collateral Agent under this Agreement, in relation to the Swiss Security Documents:
(a) the Collateral Agent holds:
(i) any security interest constituted by such Swiss Security Document (but only in relation to an assignment or any other non-accessory (nicht akzessorische) security interest);
(ii) the benefit of this clause (a); and
(iii) any proceeds of such security interest, as fiduciary (treuhänderisch) in its own name but for the account of all relevant Secured Parties which have the benefit of such security interest in accordance with this Agreement and the respective Swiss Security Documents;
(b) each present and future Secured Party hereby authorizes the Collateral Agent:
(i) acting for itself and in the name and for the account of such Secured Party to accept as its direct representative (direkter Stellvertreter) any Swiss law pledge or any other Swiss law accessory (akzessorische) security interest made or expressed to be made to such Secured Party in relation to the Swiss Security Documents, to hold, administer and, if necessary, enforce any such security interest on behalf of each relevant Secured Party which has the benefit of such security interest;
(ii) to agree as its direct representative (direkter Stellvertreter) to amendments and alterations to any Swiss Security Document which creates a pledge or any other Swiss law accessory (akzessorische) security interest;
(iii) to effect as its direct representative (direkter Stellvertreter) any release of a security interest created under a Swiss Security Document in accordance with this Agreement; and
(iv) to exercise as its direct representative (direkter Stellvertreter) such other rights granted to the Collateral Agent hereunder or under the relevant Swiss Security Document.
Swiss Security Documents. (a) Minutes of board resolution by the board of directors of Centerpulse Ltd., approving the transaction with regard to the shares in (i) Centerpulse Orthopedics (Switzerland) Ltd.; (ii) Centerpulse Orthopedics Ltd; and (iii) Centerpulse Management Ltd and the signing of the respective Pledge Agreement.
(b) Certified extract from the register of commerce with regard to Centerpulse Ltd.
(c) Certified articles of association with regard to Centerpulse Ltd.
(d) Organizational Regulations of Centerpulse Ltd.
(e) Pledge Agreement made between Centerpulse Ltd. as Pledgor and the Security Agent/the Secured Parties in respect of the shares in (i) Centerpulse Orthopedics (Switzerland) Ltd.; (ii) Centerpulse Orthopedics Ltd; and (iii) Centerpulse Management Ltd..
(f) Share certificates in Centerpulse Orthopedics (Switzerland) Ltd., duly issued and endorsed (100 registered shares with a nominal value of CHF 100 each)
(g) Board resolution of Board of Directors of Centerpulse Orthopedics (Switzerland) Ltd., acknowledging the pledge and approving any transfer of the shares in connection with the enforcement of the right of pledge.
(h) Certified copy of articles of incorporation of Centerpulse Orthopedics (Switzerland) Ltd., showing changes with respect to transfer restrictions.
(i) Share certificates in Centerpulse Orthopedics Ltd., duly issued and endorsed (120,000 registered shares with a nominal value of CHF 100 each).
(j) Board resolution of Board of Directors of Centerpulse Orthopedics Ltd., acknowledging the pledge and approving any transfer of the shares in connection with the enforcement of the right of pledge.
(k) Certified copy of articles of incorporation of Centerpulse Orthopedics Ltd., showing changes with respect to transfer restrictions.
(l) Share certificates in Centerpulse Management Ltd., duly issued and endorsed (1,000 registered shares with a nominal value of CHF 100 each).
(m) Board resolution of Board of Directors of Centerpulse Management Ltd., acknowledging the pledge and approving any transfer of the shares in connection with the enforcement of the right of pledge.
(n) Certified copy of articles of incorporation of Centerpulse Management Ltd., showing changes with respect to transfer restrictions.
(o) Minutes of board resolution by the board of directors of Centerpulse Orthopedics (Switzerland) Ltd., approving the Pledge Agreement and the Security Assignment Agreement and authorizing the signing of such agreements.
(p) Certified extract from the...
Swiss Security Documents i. a Swiss law security confirmation agreement in relation to the pledge over the shares in PRA Group Switzerland Portfolio AG (previously Aktiv Kapital Holding AG), originally dated 23 October 2014, as amended and confirmed by an amendment and security confirmation agreement dated 19 September 2016 and an amendment and security confirmation agreement dated March 27, 2020.
