The Chargor. The Chargor may not assign or transfer any of its rights or obligations under this Deed.
The Chargor. The Chargor shall not be entitled to transfer or assign all or any of its rights or obligations in respect of this Mortgage without the prior written consent of the Administrative Agent.
The Chargor. Executed as a deed by ) [CALLAWAY GOLF EUROPE LIMITED]/[CALLAWAY GOLF EUROPEAN HOLDING COMPANY LIMITED] ) ) and signed by ) Director two Directors or a Director and the ) Company Secretary ) pursuant to a resolution of the Board ) Director/Company Secretary
The Chargor. Executed as a deed by ) [CALLAWAY GOLF EUROPE LIMITED]/[CALLAWAY GOLF EUROPEAN HOLDING COMPANY LIMITED] ) and signed by ) Director two Directors or a Director and the ) Company Secretary ) pursuant to a resolution of the Board ) Director/Company Secretary By: Name: Title: Issuer Beneficiary Outstanding (USD) Expiration Bank of America Safety National Casualty Company 500,000 February 8, 2012 Bank of America, N.A. $ 54,166,666.67 $ 0 $ 0 $ 54,166,666.67 Bank of America, N.A. (acting through its Canada branch) $ 0 $ 10,833,333.33 $ 10,833,333.33 Bank of America, N.A. (acting through its London branch) $ 0 $ 0 $ 15,000,000 $ 15,000,000 UBS Loan Finance LLC $ 41,666,666.67 $ 0 $ 10,000,000 $ 51,666,666.67 UBS AG Canada Branch $ 0 $ 8,333,333.33 $ 8,333,333.33 Xxxxx Fargo Bank, N.A. $ 41,666,666.67 $ 0 $ 41,666,666.67 Xxxxx Fargo Capital Finance Corporation Canada $ 0 $ 8,333,333.33 $ 8,333,333.33 Xxxxx Fargo Bank, N.A. (London Branch) $ 15,000,000 $ 15,000,000 SunTrust Bank $ 20,833,333.33 $ 4,166,666.67 $ 0 $ 25,000,000.00 1 The Mandatory Cost is an addition to the interest rate to compensate Lenders for the cost of compliance with:
The Chargor. EXECUTED as a deed by Xxxxx Xxxxxx Xxxxxxx, a director for and on behalf of GRUPO FERROATLÁNTICA, S.A.U. in the presence of: Signature : Name : Xxxxx Xxxxxx Xxxxxxx Occupation : Financial Director Address : Xxxxx xx xx Xxxxxxxxxx 000-X, Xxxxx 00, 00000 Xxxxxx, Xxxxx Address: London Office | 2nd Floor West Wing, Xxxxxxxxx Xxxxx, 00 Xxxxxxxx Xxxxxx, Xxxxxx, X0X 0XX, XX Phone: +00 000 000 0000 Email: xxxxx.xxxxxx@xxxxxxxxxx.xxx and xxxxxx.xxxxxx@xxxxxxxxxx.xxx Attention: Xxxxx Xxxxxx Xxxxxxx and Xxxxxx Xxxxxx By: Name: Title: Address: PNC Bank, National Association, as Administrative Agent Fourth Floor 000 Xxxxx Xxxxxx, XX P7-PFSC-04-I Xxxxxxxxxx, XX 00000 Fax: (000) 000 000 0000 Attention: Agency Services Loan Administration En Madrid, a [ ] de [ ] de 2018. In Madrid, on [ ], [ ] 2018. [ ], sociedad existente y válidamente constituida de conformidad con las leyes de España, con domicilio en [ ], inscrita en el Registro Mercantil de [ ], y con número de identificación fiscal (N.I.F.) [ ], en vigor (“[ ]”). Actúa en su nombre y representación [ ], mayor de edad, de nacionalidad española, con documento nacional de identidad español (D.N.I.) número [ ], en vigor, debidamente facultado para este acto en su calidad de [ ], en virtud de la escritura pública otorgada ante el Notario de [ ] [ ] de fecha [ ] de [ ] de [ ], con número [ ] de su protocolo. En lo sucesivo, [ ] será denominado como el “Pignorante”. [ ], a company duly incorporated pursuant to the laws of Spain, with registered office located at [ ], registered with Commercial Registry of [ ], and with tax identification number (N.I.F.) [ ], in force (“[ ]”). It is duly represented by [ ], of legal age, Spanish nationality, with Spanish ID (D.N.I.) number [ ], in force, duly empowered for these purposes in his capacity as [ ], by virtue of the public deed granted before the Notary of [ ] [ ] dated on [ ] [ ] [ ], with number [ ] of his records. Hereinafter, [ ] will be referred to as the “Pledgor”.
The Chargor. The Common Seal of )
The Chargor with full title guarantee and as a continuing security for the payment or discharge of all monies obligations and liabilities covenanted to be paid or discharged by the Chargor under this Debenture together with all reasonable costs and expenses incurred by the Bank in relation to this Debenture or the monies obligations and liabilities hereby secured, hereby charges:
3.1.1. by way of first fixed charge:
3.1.1.1. all freehold leasehold and other immovable property now or in the future belonging or charged to the Chargor together with all buildings, trade and other fixtures, fixed plant and machinery of the Chargor from time to time thereon and the proceeds of sale thereof;
3.1.1.2. all equipment plant machinery vehicles tools furniture fittings computers and other tangible moveable property now or in the future belonging to the Chargor (or rights to use any of the same) and the full benefit of any warranties or maintenance contracts for any of the same;
3.1.1.3. all present and future book debts and other debts and other monies due owing payable or incurred to the Chargor now or in the future (“the Debts”) and the benefit of any guarantees, indemnities or other assurances in respect of the Debts and the proceeds of payment or realisation of each of the Debts until the payment of such proceeds into the separate bank account mentioned in clause 5.2.5 below;
3.1.1.4. all funds standing to the credit of the Chargor from time to time on any account with the Bank or any other bank or financial institution and all rights deriving therefrom (including the right to interest);
3.1.1.5. all stocks shares and other securities now or in the future belonging to the Chargor together with all dividends and other rights deriving therefrom;
3.1.1.6. all bills of exchange promissory notes and negotiable instruments of any description now or in the future beneficially owned by the Chargor;
3.1.1.7. all the goodwill of the Chargor and its uncalled capital for the time being;
3.1.1.8. all rights and interests in and claims under all policies of insurance and assurance held or to be held by or inuring to the benefit of the Chargor and the benefit of all rights and claims to which the Chargor is now or may be entitled under any contracts;
3.1.1.9. the benefit of all licences, consents and authorisations held or utilised by the Chargor now or in the future in connection with its business or the use of any of its assets; and
3.1.1.10. the benefit of all patents patent applications ...
The Chargor. This Deed shall be binding on the successors and permitted assigns of the Chargor.
The Chargor. The Chargor may not assign or transfer any of its rights or obligations under this Share Charge without the prior consent of the European Agent.
The Chargor with full title guarantee, hereby charges to the Agent (as agent and trustee for the Secured Parties) as continuing security for the payment of the Secured Obligations by way of first fixed charge, the Shares.
