Common use of Xxxxxx’s Rights Clause in Contracts

Xxxxxx’s Rights. Notwithstanding Section 15.5, the Supplier, from time to time on or after the date of execution of this Agreement shall have the right, at its cost, to enter into a Secured Lender’s Security Agreement. For the avoidance of doubt, in the case of a deed of trust or similar instrument securing bonds or debentures where the trustee holds security on behalf of, or for the benefit of, other lenders, only the trustee shall be entitled to exercise the rights and remedies under the Secured Lender’s Security Agreement as the Secured Lender on behalf of the lenders. A Secured Lender’s Security Agreement shall be based upon and subject to the following conditions: (a) A Secured Lender’s Security Agreement may be made for any amounts and upon any terms (including terms of the loans, interest rates, payment terms and prepayment privileges or restrictions) as desired by the Supplier, except as otherwise provided in this Agreement. (b) No Secured Lender’s Security Agreement shall affect or encumber in any manner the Buyer’s title to any government-owned premises. The Buyer shall have no liability whatsoever for payment of the principal sum secured by any Secured Lender’s Security Agreement, or any interest accrued thereon or any other sum secured thereby or accruing thereunder; and the Secured Lender shall not be entitled to seek any damages against the Buyer for any or all of the same. (c) No Secured Lender’s Security Agreement shall be binding upon the Buyer in the enforcement of the Buyer’s rights and remedies provided in this Agreement or by Laws and Regulations, unless and until a copy of the original thereof and the registration details, if applicable, together with written notice of the address of the Secured Lender to which notices may be sent have been delivered to the Buyer by the Supplier or the Secured Lender; and in the event of an assignment of such Secured Lender’s Security Agreement, such assignment shall not be binding upon the Buyer unless and until a copy thereof and the registration details, if applicable, together with written notice of the address of the assignee thereof to which notices may be sent, have been delivered to the Buyer by the Supplier or the Secured Lender.‌ (d) If the Supplier is in default under or pursuant to the Secured Lender’s Security Agreement and the Secured Lender intends to exercise any rights afforded to the Secured Lender under this Agreement, then the Secured Lender shall give notice of such default to the Buyer at least five (5) Business Days prior to exercising any such rights. (e) Any Secured Lender’s Security Agreement permitted hereunder may secure two

Xxxxxx’s Rights. Draft Notwithstanding Section 15.516.5, the Supplier, from time to time on or after the date of execution of this Agreement shall have the right, at its cost, to enter into a Secured Lender’s Security Agreement. For the avoidance of doubt, in the case of a deed of trust or similar instrument securing bonds or debentures where the trustee holds security on behalf of, or for the benefit of, other lenders, only the trustee shall be entitled to exercise the rights and remedies under the Secured Lender’s Security Agreement as the Secured Lender on behalf of the lenders. A Secured Lender’s Security Agreement shall be based upon and subject to the following conditions: (a) A Secured Lender’s Security Agreement may be made for any amounts and upon any terms (including terms of the loans, interest rates, payment terms and prepayment privileges or restrictions) as desired by the Supplier, except as otherwise provided in this Agreement. (b) No Secured Lender’s Security Agreement shall affect or encumber in any manner the Buyer’s title to any government-owned premises. The Buyer shall have no liability whatsoever for payment of the principal sum secured by any Secured Lender’s Security Agreement, or any interest accrued thereon or any other sum secured thereby or accruing thereunder; and the Secured Lender shall not be entitled to seek any damages against the Buyer for any or all of the same. (c) No Secured Lender’s Security Agreement shall be binding upon the Buyer in the enforcement of the Buyer’s rights and remedies provided in this Agreement or by Laws and Regulations, unless and until a copy of the original thereof and the registration details, if applicable, together with written notice of the address of the Secured Lender to which notices may be sent have been delivered to the Buyer by the Supplier or the Secured Lender; and in the event of an assignment of such Secured Lender’s Security Agreement, such assignment shall not be binding upon the Buyer unless and until a copy thereof and the registration details, if applicable, together with written notice of the address of the assignee thereof to which notices may be sent, have been delivered to the Buyer by the Supplier or the Secured Lender.‌ (d) If the Supplier is in default under or pursuant to the Secured Lender’s Security Agreement and the Secured Lender intends to exercise any rights afforded to the Secured Lender under this Agreement, then the Secured Lender shall give notice of such default to the Buyer at least five (5) Business Days prior to exercising any such rights. (e) Any Secured Lender’s Security Agreement permitted hereunder may secure two

Xxxxxx’s Rights. Notwithstanding Section 15.516.5, the Supplier, from time to time on or after the date of execution of this Agreement shall have the right, at its cost, to enter into a Secured Lender’s Security Agreement. For the avoidance of doubt, in the case of a deed of trust or similar instrument securing bonds or debentures where the trustee holds security on behalf of, or for the benefit of, other lenders, only the trustee shall be entitled to exercise the rights and remedies under the Secured Lender’s Security Agreement as the Secured Lender on behalf of the lenders. A Secured Lender’s Security Agreement shall be based upon and subject to the following conditions: (a) A Secured Lender’s Security Agreement may be made in respect of obligations for any amounts and upon subject to any terms (including terms of the applicable loans, interest rates, payment terms and prepayment privileges or restrictions) as desired by the Supplier, except as otherwise provided in this Agreement. A Secured Lender’s Security Agreement may secure any indebtedness, liability or obligation of the Supplier, whether exclusively related to the Facility or otherwise, and may cover any real or personal property in addition to the Supplier’s Interest. For greater certainty, a Secured Lender’s Security Agreement may cover shares or partnership interests in the capital of the Supplier. (b) No Secured Lender’s Security Agreement shall affect or encumber in any manner the Buyer’s title to any government-owned premises. The Buyer shall have no liability whatsoever for payment of the principal sum secured by any Secured Lender’s Security Agreement, or any interest accrued thereon or any other sum secured thereby or accruing thereunder; and the Secured Lender shall not be entitled to seek any damages against the Buyer for any or all of the same. (c) No Secured Lender’s Security Agreement shall be binding upon recognized by the Buyer or give rise to any rights hereunder in the enforcement of the Buyer’s rights and remedies provided in this Agreement or by Laws and Regulations, unless and until a an electronic copy of the original thereof and the registration details, if applicable, together with written notice of the address of the Secured Lender to which notices may be sent have been delivered to the Buyer by the Supplier or the Secured Lender; and in the event of an assignment of such Secured Lender’s Security Agreement, such assignment shall not be binding upon recognized by the Buyer or establish any rights hereunder in favour of such assignee unless and until a copy thereof and the registration details, if applicable, together with written notice of the address of the assignee thereof to which notices may be sent, have been delivered to the Buyer by the Supplier or the Secured Lender.‌ (d) If the Supplier is in default under or pursuant to the Secured Lender’s Security Agreement and the Secured Lender intends to exercise any rights afforded to the Secured Lender under this Agreement, then the Secured Lender shall give written notice of such default to the Buyer at least five ten (510) Business Days prior to exercising any such rights. (e) Any Secured Lender’s Security Agreement permitted hereunder may secure two

Xxxxxx’s Rights. Draft Notwithstanding Section 15.516.5, the Supplier, from time to time on or after the date of execution of this Agreement shall have the right, at its cost, to enter into a Secured Lender’s Security Agreement. For the avoidance of doubt, in the case of a deed of trust or similar instrument securing bonds or debentures where the trustee holds security on behalf of, or for the benefit of, other lenders, only the trustee shall be entitled to exercise the rights and remedies under the Secured Lender’s Security Agreement as the Secured Lender on behalf of the lenders. A Secured Lender’s Security Agreement shall be based upon and subject to the following conditions: (a) A Secured Lender’s Security Agreement may be made in respect of obligations for any amounts and upon subject to any terms (including terms of the applicable loans, interest rates, payment terms and prepayment privileges or restrictions) as desired by the Supplier, except as otherwise provided in this Agreement. A Secured Lender’s Security Agreement may secure any indebtedness, liability or obligation of the Supplier, whether exclusively related to the Facility or otherwise, and may cover any real or personal property in addition to the Supplier’s Interest. For greater certainty, a Secured Lender’s Security Agreement may cover shares or partnership interests in the capital of the Supplier. (b) No Secured Lender’s Security Agreement shall affect or encumber in any manner the Buyer’s title to any government-owned premises. The Buyer shall have no liability whatsoever for payment of the principal sum secured by any Secured Lender’s Security Agreement, or any interest accrued thereon or any other sum secured thereby or accruing thereunder; and the Secured Lender shall not be entitled to seek any damages against the Buyer for any or all of the same. (c) No Secured Lender’s Security Agreement shall be binding upon the Buyer in the enforcement of the Buyer’s rights and remedies provided in this Agreement or by Laws and Regulations, unless and until a copy of the original thereof and the registration details, if applicable, together with written notice of the address of the Secured Lender to which notices may be sent have been delivered to the Buyer by the Supplier or the Secured Lender; and in the event of an assignment of such Secured Lender’s Security Agreement, such assignment shall not be binding upon the Buyer unless and until a copy thereof and the registration details, if applicable, together with written notice of the address of the assignee thereof to which notices may be sent, have been delivered to the Buyer by the Supplier or the Secured Lender.‌ (d) If the Supplier is in default under or pursuant to the Secured Lender’s Security Agreement and the Secured Lender intends to exercise any rights afforded to the Secured Lender under this Agreement, then the Secured Lender shall give notice of such default to the Buyer at least five (5) Business Days prior to exercising any such rights. (e) Any Secured Lender’s Security Agreement permitted hereunder may secure two

Xxxxxx’s Rights. Notwithstanding Section 15.516.5, the Supplier, from time to time on or after the date of execution of this Agreement shall have the right, at its cost, to enter into a Secured Lender’s Security Agreement. For the avoidance of doubt, in the case of a deed of trust or similar instrument securing bonds or debentures where the trustee holds security on behalf of, or for the benefit of, other lenders, only the trustee shall be entitled to exercise the rights and remedies under the Secured Lender’s Security Agreement as the Secured Lender on behalf of the lenders. A Secured Lender’s Security Agreement shall be based upon and subject to the following conditions: (a) A Secured Lender’s Security Agreement may be made for any amounts and upon any terms (including terms of the loans, interest rates, payment terms and prepayment privileges or restrictions) as desired by the Supplier, except as otherwise provided in this Agreement. (b) A Secured Lender’s Security Agreement may not secure any indebtedness, liability or obligation of the Supplier that is not related to the Facility or cover any real or personal property of the Supplier not related to the Facility. For greater certainty, a Secured Lender’s Security Agreement may cover shares or partnership interests in the capital of the Supplier. (c) No Secured Lender’s Security Agreement shall affect or encumber in any manner the Buyer’s title to any government-owned premises. The Buyer shall have no liability whatsoever for payment of the principal sum secured by any Secured Lender’s Security Agreement, or any interest accrued thereon or any other sum secured thereby or accruing thereunder; and the Secured Lender shall not be entitled to seek any damages against the Buyer for any or all of the same. (cd) No Secured Lender’s Security Agreement shall be binding upon the Buyer in the enforcement of the Buyer’s rights and remedies provided in this Agreement or by Laws and Regulations, unless and until a copy of the original thereof and the registration details, if applicable, together with written notice of the address of the Secured Lender to which notices may be sent have been delivered to the Buyer by the Supplier or the Secured Lender; and in the event of an assignment of such Secured Lender’s Security Agreement, such assignment shall not be binding upon the Buyer unless and until a copy thereof and the registration details, if applicable, together with written notice of the address of the assignee thereof to which notices may be sent, have been delivered to the Buyer by the Supplier or the Secured Lender.‌ (de) If the Supplier is in default under or pursuant to the Secured Lender’s Security Agreement and the Secured Lender intends to exercise any rights afforded to the Secured Lender under this Agreement, then the Secured Lender shall give notice of such default to the Buyer at least five (5) Business Days prior to exercising any such rights. (ef) Any Secured Lender’s Security Agreement permitted hereunder may secure two