Specifically Mortgaged Premises definition
Examples of Specifically Mortgaged Premises in a sentence
The Company shall be at liberty at any time during the continuance of this security, with the prior permission in writing of the Trustees and Bondholder(s)/Beneficial Owner(s), to withdraw any of the Specifically Mortgaged Premises from such of the trusts powers and provisions hereof as exclusively relate to the Specifically Mortgaged Premises upon substituting other property of a value sufficient to provide the security cover as provided in these presents.
If without the prior approval of the Bond Trustees and Bondholder(s)/Beneficial Owner(s) any land, buildings, structures, plant and machinery forming a part of the Specifically Mortgaged Premises are sold, disposed of charged encumbered or alienated or the said buildings, structures, machinery, plant or other equipment are removed pulled down or demolished.
However, until the Bonds are fully redeemed the Company shall not create any mortgage or charge on any of the aforesaid Specifically Mortgaged Premises without the prior written approval from the Bondholder(s)/ Beneficial Owner(s).
The Company shall be at liberty at any time during the continuance of this security, with the prior permission in writing of the Trustees, to withdraw any of the Specifically Mortgaged Premises from such of the trusts powers and provisions hereof as exclusively relate to the Specifically Mortgaged Premises upon substituting other property whether of the same or greater than the value of the property proposed to be withdrawn.
The Trustees may pay over to the Receiver any monies constituting part of the Specifically Mortgaged Premises to the extent that the same may be applied for the purposes hereof by such Receiver and the Trustees may, from time to time, determine what funds the Receiver shall be at liberty to keep in hand with a view to the performance of his duties as such Receiver.
At the request of the Company, the Trustee will release / exclude a part of the Specifically Mortgaged Premises from the security created / to be created for the Debentures, subject to the Company maintaining the minimum security cover stipulated in the Financial Covenants and Conditions and subject to such other terms and conditions as may be stipulated by the Trustee.
The Trustees or the Receiver so appointed may for any of the purposes aforesaid do or cause to be done all such acts and things respecting the business and the Specifically Mortgaged Premises as the Trustees/Receiver could do or cause to be done if the Trustees/ Receiver had the absolute possession of the Specifically Mortgaged Premises and had carried on the said business for the benefit of the Trustees without being answerable for any loss or damage which may happen thereby.
However, until the Debentures are fully redeemed the Company shall not create any mortgage or charge on Specifically Mortgaged Premises without the prior written approval of the Debenture Trustees except as provided for in Clause 5 (b) herein.
The Trustees may, from time to time, fix remuneration of the Receiver and direct payment thereof out of the Specifically Mortgaged Premises, but the Company alone shall be liable for the payment of such remuneration.
The Trustees shall not, nor shall any Receiver as aforesaid, be liable by reason of the Trustees or such Receiver entering into or taking possession of the Specifically Mortgaged Premises or any part or parts thereof to account as mortgagees in possession or for anything, except actual receipts or be liable for any loss upon realisation or for any default or omission for which a mortgagee in possession might be liable.