Common use of Transaction Security and Guarantees Clause in Contracts

Transaction Security and Guarantees. (a) As continuing Security for the due and punctual fulfilment of the Secured Obligations, the Issuer grants on the date of the disbursement of the proceeds from the Initial Bond Issue the Initial Bond Issue Security to the Secured Parties as represented by the Trustee. (b) As continuing Security for the due and punctual fulfilment of the Secured Obligations, the Issuer grants on the date of the disbursement of the proceeds from the First Subsequent Bond Issue the First Subsequent Bond Issue Security to the Secured Parties as represented by the Trustee. (c) As continuing Security for the due and punctual fulfilment of the Secured Obligations, the Issuer grants on the date of the disbursement of the proceeds from the Initial Bond Issue the Further Subsequent Bond Issue Security to the Secured Parties as represented by the Trustee. (d) No later than 30 Business Days after the date of the amended and restated Terms and Conditions and subject to applicable limitation language, the Issuer shall procure that each Guarantor will, as principal obligor (Sw. proprieborgen), pursuant to the Guarantee Agreement guarantee the punctual fulfilment by the Issuer of the payment obligations under the Finance Documents. (e) The Trustee shall hold the Transaction Security and the Guarantees on behalf of the Secured Parties in accordance with the Security Documents and the Guarantee Agreement. The Issuer shall enter into the Security Documents and perfect the Transaction Security in accordance with the Security Documents. (f) Unless and until the Trustee has received instructions from the Bondholders in accordance with Clause 18 (Decisions by Bondholders), the Trustee shall (without first having to obtain the Bondholders’ consent) be entitled to enter into agreements with the Issuer or a third party or take any other actions, if it is, in the Trustee’s opinion, necessary for the purpose of maintaining, altering, releasing or enforcing the Transaction Security or the Guarantees, creating further Security for the benefit of the Secured Parties or for the purpose of settling the Bondholders’ or the Issuer’s rights to the Transaction Security or the Guarantees, in each case in accordance with the terms of the Finance Documents.

Transaction Security and Guarantees. (a) As Subject to the Issuer Intercreditor Agreement and applicable corporate law limitations, as continuing Security for the due and punctual fulfilment of the Secured Obligations, the Issuer, the Guarantors and each Group Company party to any Security Document and/or the Guarantee and Adherence Agreement grants the Issuer grants on Group Transaction Security and the date of the disbursement of the proceeds from the Initial Bond Issue the Initial Bond Issue Security Guarantees (as applicable) to the Issuer ICA Secured Parties as represented by the TrusteeSecurity Agent on the terms set out in the relevant Security Documents and the Guarantee and Adherence Agreement (as applicable). (b) As Subject to the US HoldCo Intercreditor Agreement and applicable corporate law limitations, as continuing Security for the due and punctual fulfilment of the US Security Secured Obligations, the Issuer grants on the date each member of the disbursement of US HoldCo Group being a party to any Security Document grants the proceeds from the First Subsequent Bond Issue the First Subsequent Bond Issue US Transaction Security to the Secured Parties as represented by the TrusteeSecurity Agent on the terms set out in the relevant Security Documents. (c) As continuing The Security for the due and punctual fulfilment of the Secured Obligations, the Issuer grants on the date of the disbursement of the proceeds from the Initial Bond Issue the Further Subsequent Bond Issue Security to the Secured Parties as represented by the Trustee. (d) No later than 30 Business Days after the date of the amended and restated Terms and Conditions and subject to applicable limitation language, the Issuer shall procure that each Guarantor will, as principal obligor (Sw. proprieborgen), pursuant to the Guarantee Agreement guarantee the punctual fulfilment by the Issuer of the payment obligations under the Finance Documents. (e) The Trustee Agent shall hold the Transaction Security and the Guarantees on behalf of the Secured Parties in accordance with the Security Documents Documents, the Guarantee and Adherence Agreement, and the Guarantee AgreementIntercreditor Agreements or these Terms and Conditions (as applicable). The Issuer shall, and shall procure that the Guarantors and each Group Company party to any Security Document and/or the Guarantee and Adherence Agreement (as applicable) will, enter into the Security Documents and/or the Guarantee and Adherence Agreement (as applicable) and perfect the Transaction Security in accordance with the Security Documents. (fd) Unless and until the Trustee Security Agent has received instructions to the contrary from the Bondholders in accordance with Clause 18 16 (Decisions by Bondholders)) in relation to the US Transaction Security or in accordance with the Issuer Intercreditor Agreement in relation to the Guarantees or the Issuer Group Transaction Security, the Trustee Security Agent shall (without first having to obtain the Bondholders’ consent) be entitled to enter into agreements with the Issuer or a third party or take any other actions, if it is, in the Trustee’s Security Agent's opinion, necessary for the purpose of maintaining, altering, releasing or enforcing the Transaction Security or the GuaranteesSecurity, creating further Security for the benefit of the Secured Parties or for the purpose of settling the Bondholders’ or the Secured Parties' or the Issuer’s rights to the Transaction Security or the GuaranteesSecurity, in each case in accordance with the terms of the Finance DocumentsDocuments and provided that such agreements or actions are not detrimental to the interest of the Bondholders. (e) The Agent shall be entitled to give instructions relating to the Transaction Security and the Guarantees to the Security Agent in accordance with the Intercreditor Agreements.

Transaction Security and Guarantees. (a) As Subject to the Intercreditor Agreement and applicable limitation language, as continuing Security for the due and punctual fulfilment of the Secured Obligations, the Issuer and the relevant Group Companies grants on or before the date of dates set out in Clause 4 (Conditions Precedent) the disbursement of the proceeds from the Initial Bond Issue the Initial Bond Issue Transaction Security to the Secured Parties Bondholders (as represented by the TrusteeAgent), the Agent and the other Senior Secured Parties. (b) As continuing Security for the due and punctual fulfilment of the Secured Obligations, the Issuer grants on the date of the disbursement of the proceeds from the First Subsequent Bond Issue the First Subsequent Bond Issue Security Subject to the Secured Parties as represented by the Trustee. (c) As continuing Security for the due Intercreditor Agreement and punctual fulfilment of the Secured Obligations, the Issuer grants on the date of the disbursement of the proceeds from the Initial Bond Issue the Further Subsequent Bond Issue Security to the Secured Parties as represented by the Trustee. (d) No later than 30 Business Days after the date of the amended and restated Terms and Conditions and subject to applicable limitation language, the Issuer shall procure that each Guarantor will, as principal obligor (Sw. proprieborgen)obligor, pursuant to the Guarantee Agreement guarantee the punctual fulfilment by the Issuer of the payment obligations under the Senior Finance Documents. The Guarantee Agreement shall be signed on or before the date set out in Clause 4 (Conditions Precedent). (ec) The Trustee Issuer shall procure that each Material Company is a Guarantor and that any Material Company and any further Subsidiary so designated by the Issuer accedes to the Guarantee Agreement as a Guarantor, in order to ensure that the Guarantors constitute at least 80 per cent. of the consolidated EBITDA and total assets of the Group. In respect of any Material Company, such accession shall take place no later than 60 calendar days from the Subsidiary becoming a Material Company. (d) The Security Agent shall hold the Transaction Security and the Guarantees on behalf of the Senior Secured Parties in accordance with the Security Documents Documents, the Guarantee Agreement and the Guarantee Intercreditor Agreement. . (e) The Issuer Agent shall enter into be entitled to give instructions (on behalf of the Security Documents and perfect Bondholders) relating to the Transaction Security and the Guarantees to the Security Agent in accordance with the Security DocumentsIntercreditor Agreement. (f) Unless and until the Trustee Security Agent has received instructions from the Bondholders in accordance with Clause 18 (Decisions by Bondholders)Instructing Party to the contrary, the Trustee shall Security Agent may (without first having to obtain the Bondholders’ ' consent) ), be entitled (but not obliged) to enter into agreements with the Issuer or a third party or take any other actions, if it is, in the Trustee’s Security Agent's opinion, necessary for the purpose of maintaining, altering, releasing or enforcing the Transaction Security or the Guarantees, creating further Security for the benefit of the Secured Parties or for the purpose of settling the Bondholders’ ', the creditors under the Super Senior RCF, the creditors under the New Debt, the hedge counterparties' under the Super Senior Xxxxxx or the Issuer’s 's rights to the Transaction Security or the GuaranteesSecurity, in each case in accordance with the terms of the Finance Security Documents, the Intercreditor Agreement and these Terms and Conditions and provided that such agreements or actions are not detrimental to the interests of the Bondholders. (g) Subject to the Intercreditor Agreement, the Security Agent may, acting on instructions of the Senior Secured Parties, or if in accordance with the Intercreditor Agreement, the Instructing Party, release Transaction Security and Guarantees in accordance with the terms of the Security Documents, the Guarantee Agreement and the Intercreditor Agreement. For the avoidance of doubt, any Transaction Security or Guarantee will always be released in such way which does not affect the sharing between the Bondholders, the creditors under the New Debt, the creditors under the Super Senior RCF and the hedge counterparties' under the Super Senior Xxxxxx of the remaining Transaction Security and Guarantees and/or the ranking and priority of the Bondholders, the creditors under the New Debt, the creditors under the Super Senior RCF and the hedge counterparties' under the Super Senior Xxxxxx as specified in the Intercreditor Agreement.

Transaction Security and Guarantees. (a) As Subject to the Issuer Intercreditor Agreement and applicable corporate law limitations, as continuing Security for the due and punctual fulfilment of the Secured Obligations, the Issuer, the Guarantors and each Group Company party to any Security Document and/or the Guarantee and Adherence Agreement grants the Issuer grants on Group Transaction Security and the date of the disbursement of the proceeds from the Initial Bond Issue the Initial Bond Issue Security Guarantees (as applicable) to the Issuer ICA Secured Parties as represented by the TrusteeSecurity Agent on the terms set out in the relevant Security Documents and the Guarantee and Adherence Agreement (as applicable). (b) As Subject to the US HoldCo Intercreditor Agreement and applicable corporate law limitations, as continuing Security for the due and punctual fulfilment of the US Security Secured Obligations, the Issuer grants on the date each member of the disbursement of US HoldCo Group being a party to any Security Document grants the proceeds from the First Subsequent Bond Issue the First Subsequent Bond Issue US Transaction Security to the Secured Parties as represented by the TrusteeSecurity Agent on the terms set out in the relevant Security Documents. (c) As continuing The Security for the due and punctual fulfilment of the Secured Obligations, the Issuer grants on the date of the disbursement of the proceeds from the Initial Bond Issue the Further Subsequent Bond Issue Security to the Secured Parties as represented by the Trustee. (d) No later than 30 Business Days after the date of the amended and restated Terms and Conditions and subject to applicable limitation language, the Issuer shall procure that each Guarantor will, as principal obligor (Sw. proprieborgen), pursuant to the Guarantee Agreement guarantee the punctual fulfilment by the Issuer of the payment obligations under the Finance Documents. (e) The Trustee Agent shall hold the Transaction Security and the Guarantees on behalf of the Secured Parties in accordance with the Security Documents Documents, the Guarantee and Adherence Agreement, and the Guarantee AgreementIntercreditor Agreements or these Terms and Conditions (as applicable). The Issuer shall, and shall procure that the Guarantors and each Group Company party to any Security Document and/or the Guarantee and Adherence Agreement (as applicable) will, enter into the Security Documents and/or the Guarantee and Adherence Agreement (as applicable) and perfect the Transaction Security in accordance with the Security Documents. (fd) Unless and until the Trustee Security Agent has received instructions to the contrary from the Bondholders in accordance with Clause 18 16 (Decisions by Bondholders)) in relation to the US HoldCo Transaction Security or in accordance with the Issuer Intercreditor Agreement in relation to the Guarantees or the Issuer Group Transaction Security, the Trustee Security Agent shall (without first having to obtain the Bondholders’ consent) be entitled to enter into agreements with the Issuer or a third party or take any other actions, if it is, in the Trustee’s Security Agent's opinion, necessary for the purpose of maintaining, altering, releasing or enforcing the Transaction Security or the GuaranteesSecurity, creating further Security for the benefit of the Secured Parties or for the purpose of settling the Bondholders’ or the Secured Parties' or the Issuer’s rights to the Transaction Security or the GuaranteesSecurity, in each case in accordance with the terms of the Finance DocumentsDocuments and provided that such agreements or actions are not detrimental to the interest of the Bondholders. (e) The Agent shall be entitled to give instructions relating to the Transaction Security and the Guarantees to the Security Agent in accordance with the Intercreditor Agreements.