Common use of Charging Clause in Contracts

Charging. A Party (“Chargor”) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (“Chargee”) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall first covenant in writing in favour of the other Party (“Non-Charging Party”), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 as if it were originally a party hereto, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the Agreement except in accordance with this Clause 22.

Appears in 9 contracts

Samples: Train Operations Agreement, Train Operations Agreement, Train Operations Agreement

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Charging. A Party (“Chargor”) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (“Chargee”) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall first covenant in writing in favour of the other Party (“Non-Charging Party”), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 21 as if it were originally a party hereto, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the Agreement except in accordance with this Clause 2221.

Appears in 8 contracts

Samples: Access Agreement, Access Agreement, Access Agreement

Charging. A Party (Chargor) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (Chargee) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall must first covenant in writing in favour of the other Party (Non-Charging Party), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 clause 29 as if it were originally a party heretoto this Agreement, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the this Agreement except in accordance with this Clause 22clause 29.

Appears in 5 contracts

Samples: www.qca.org.au, www.qca.org.au, qcaprod.australiaeast.cloudapp.azure.com

Charging. A Party (“Chargor”) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (“Chargee”) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall first covenant in writing in favour of the other Party (“Non-Charging Party”), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 15 as if it were originally a party hereto, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the Agreement except in accordance with this Clause 2215.

Appears in 5 contracts

Samples: www.qca.org.au, qcaprod.australiaeast.cloudapp.azure.com, www.qca.org.au

Charging. A Party (Chargor) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (Chargee) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall must first covenant in writing in favour of the other Party (Non-Charging Party), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 clause 33 as if it were originally a party heretoto this Agreement, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the this Agreement except in accordance with this Clause 22clause 33.

Appears in 4 contracts

Samples: Access Agreement, Access Agreement, Access Agreement

Charging. A Party (Chargor) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (Chargee) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall must first covenant in writing in favour of the other Party (Non-Charging Party), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 clause 33 as if it were originally a party heretoto this Agreement, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the this Agreement except in accordance with this Clause 22clause 33.

Appears in 2 contracts

Samples: www.qca.org.au, www.qca.org.au

Charging. A Party (“Chargor”) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (“ChargeeChargee ”) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall first covenant in writing in favour of the other Party (“Non-Charging PartyParty ”), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 21 as if it were originally a party hereto, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the Agreement except in accordance with this Clause 2221.

Appears in 2 contracts

Samples: Access Agreement, Access Agreement

Charging. A Party (“Chargor”) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (“ChargeeChargee ”) to secure financial accommodation accommo dation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall first covenant in writing in favour of the other Party (Non-Charging PartyParty ”), pursuant to a deed in such terms as the Non-Charging Party may ma y reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 as 21as if it were originally a party hereto, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the Agreement except in accordance with this Clause 2221.

Appears in 1 contract

Samples: Access Agreement

Charging. A Party (“Chargor”) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (“Chargee”) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall first covenant in writing in favour of the other Party (“Non-Charging Party”), pursuant to a deed in such terms as the Non-Non- Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 15 as if it were originally a party hereto, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the Agreement except in accordance with this Clause 2215.

Appears in 1 contract

Samples: www.qca.org.au

Charging. A Party (“Chargor”) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (“Chargee”) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall first covenant in writing in favour of the other Party (“Non-Charging Party”), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 15 as if it were originally a party hereto, and will not exercise any 49 power of sale of the rights and/or obligations of the Chargor under the Agreement except in accordance with this Clause 2215.

Appears in 1 contract

Samples: www.qca.org.au

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Charging. A Party (Chargor) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (Chargee) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall must first covenant in writing in favour of the other Party (Non-Charging Party), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 clause 3233 as if it were originally a party heretoto this Agreement, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the this Agreement except in accordance with this Clause 22clause 3233.

Appears in 1 contract

Samples: qcaprod.australiaeast.cloudapp.azure.com

Charging. A Party (Chargor) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (Chargee) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall must first covenant in writing in favour of the other Party (Non-Charging Party), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 clause 32 as if it were originally a party heretoto this Agreement, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the this Agreement except in accordance with this Clause 22clause 32.

Appears in 1 contract

Samples: qcaprod.australiaeast.cloudapp.azure.com

Charging. A Party (“Chargor”) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (“Chargee”) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall first covenant in writing in favour of the other Party (“Non-Charging Party”), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 16 as if it were originally a party hereto, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the Agreement except in accordance with this Clause 2216.

Appears in 1 contract

Samples: qcaprod.australiaeast.cloudapp.azure.com

Charging. A Party (Chargor) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (Chargee) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall must first covenant in writing in favour of the other Party (Non-Charging Party), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 clause 28 as if it were originally a party heretoto this Agreement, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the Agreement except in accordance with this Clause 22clause 28.

Appears in 1 contract

Samples: www.qca.org.au

Charging. A Party (Chargor) may create a Charge over all of its rights under this Agreement in favour of a recognised financial institution (Chargee) to secure financial accommodation provided to the Chargor in relation to its obligations under this Agreement, provided that the Chargee shall must first covenant in writing in favour of the other Party (Non-Charging Party), pursuant to a deed in such terms as the Non-Charging Party may reasonably require, that in relation to the exercise of any power of sale or other right or remedy under the Charge granted to the Chargee, the Chargee and any person (including any receiver or receiver and manager or agent) claiming through the Chargee will comply with the provisions of this Clause 22 clause 26 as if it were originally a party heretoto this Agreement, and will not exercise any power of sale of the rights and/or obligations of the Chargor under the Agreement except in accordance with this Clause 22clause 26.

Appears in 1 contract

Samples: www.qca.org.au

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