Fixed and floating charge Clause Samples

POPULAR SAMPLE Copied 9 times
Fixed and floating charge. The charge created under this Agreement is a fixed charge in relation to Other Property. However, if that charge is not legally and fully effective as a fixed charge then, for so long as and to the extent it may not be so legally and fully effective,‌ the Customer will advise the Secured Party of such details of that Collateral as are necessary to allow the Secured Party to register a financing statement under the PPSA in respect of any such Collateral, unless those serial-numbered goods are to be held by the Customer as inventory.
View SourceView Similar (6)
Fixed and floating charge a) in consideration of the Supplier selling to the Customer Goods on credit, the Customer as beneficial owner does hereby charge all and every undertaking and all of its assets (including rights, titles and interests) of whatsoever nature and wheresoever situate both present and future with the payment to the Supplier of all moneys now or hereafter to become owing or payable to the Supplier by the Customer or enforcement of these Terms. b) the charge hereby created (“the Charge”) shall operate as: (1) a fixed charge as regards to freehold and leasehold property, uncalled capital, engines, machinery, plant, stock, books of account, debts, vouchers and other documents relating in any way to the business transactions of the Customer and all securities negotiable or otherwise, shares and documents evidencing title to or right to possession of any property and whether or not deposited with the Supplier by the Customer and the property mentioned in any such documents; and (2) as a floating charge in respect of all other assets hereby charged. c) the Customer shall immediately upon demand made on it by the Supplier execute in favour of the Supplier a deed of fixed and floating charge containing such covenants as the Supplier may reasonably require including without limitation the provisions of the Supplier’s standard form of deed of fixed and floating charge.
View SourceView Similar (4)
Fixed and floating charge. To the extent that the Secured Property includes property to which the PPS Act does not apply, this security interest is: (a) a fixed charge over that Secured Property if it is a Restricted Asset; and (b) a floating charge over that Secured Property if it is a Circulating Asset.
View Source
Fixed and floating charge. The charge created under this Agreement is a fixed charge 3.5 Pay costs: The Customer will meet all costs incurred or payable by it which relate to in relation to Other Property. However, if that charge is not legally and fully effective as a the Collateral, as and when due.
View Source
Fixed and floating charge. The charge created under this Agreement is a fixed charge 3.7 Maintain Collateral: The Customer will maintain all Collateral in good order and repair,‌ in relation to Other Property. However, if that charge is not legally and fully effective as a fixed charge then, for so long as and to the extent it may not be so legally and fully effective, that charge is a floating charge until such time as it becomes a fixed charge by virtue of this clause. Any floating charge created under this Agreement will become a fixed charge:‌ (a) automatically, without the need for any notice or action by the Secured Party, immediately prior to or, if that would not result in the fixed charge being legally and fully effective, contemporaneously with, the occurrence of any Event of Default; or (b) on notice from the Secured Party to the Customer, in respect of such of the Other Property subject to that floating charge as is specified in the notice, if, in the Secured Party’s opinion, any of that Other Property is or might be or become seized or taken,‌‌ and will: (a) replace defective or worn out parts as and when necessary; (b) ensure that any Collateral intended by its manufacturer for use for a particular purpose is used for that purpose, and in accordance with any relevant recommendations of the manufacturer; (c) not alter or modify any Collateral, unless the Secured Party agrees; (d) not change any registration plate, identification number or similar identification mark in respect of any Collateral, unless the Secured Party agrees; (e) allow the Secured Party to inspect Collateral that is able to be inspected, at all reasonable times.
View SourceView Similar (3)
Fixed and floating charge dated as of February 13, 2012, by and among iNova Pharmaceuticals (Australia) Pty Limited (ACN 000 222 408), as Chargor and ▇▇▇▇▇▇▇ ▇▇▇▇▇ Lending Partners LLC, as Chargee.
View SourceView Similar (2)
Fixed and floating charge. (Australia) shall mean each Fixed and Floating Charge granted by a Guarantor which is registered in Australia to the Administrative Agent for benefit of the Lenders.
View SourceView Similar (5)
Fixed and floating charge. The charge created under this Agreement is a fixed charge 3.6 Serial-numbered goods: If the Customer acquires any serial-numbered goods that are in relation to Other Property. However, if that charge is not legally and fully effective as a fixed charge then, for so long as and to the extent it may not be so legally and fully effective, that charge is a floating charge until such time as it becomes a fixed charge by virtue of this clause. Any floating charge created under this Agreement will become a fixed charge: Collateral for the purposes of this Agreement, as soon as any such Collateral is acquired, the Customer will advise the Secured Party of such details of that Collateral as are necessary to allow the Secured Party to register a financing statement under the PPSA in respect of any such Collateral, unless those serial-numbered goods are to be held by the Customer as inventory. (a) automatically, without the need for any notice or action by the Secured Party, 3.7
View Source
Fixed and floating charge. The charge created under this Agreement is a fixed charge in relation to Other Property. However, if that charge is not legally and fully effective as a‌
View Source

Related to Fixed and floating charge

  • Floating Charge The Current Issuer, by way of first floating charge for the payment or discharge of the Current Issuer Secured Obligations, subject to Clause 4 (Release of Current Issuer Charged Property), hereby charges in favour of the Note Trustee the whole of its undertaking and all its property, assets and rights, whatsoever and wheresoever, both present and future, including without limitation its uncalled capital, other than any property or assets for the time being the subject of a fixed charge or effectively assigned pursuant to any of the foregoing provisions of this Clause 3 (Current Issuer Security).

  • Shipping Charges Unless otherwise stated in the Bid Specifications, all deliveries shall be deemed to be freight on board (F.O.B.) destination tailgate delivery at the dock of the Authorized User. Unless otherwise agreed, items purchased at a price F.O.B. Shipping point plus transportation charges shall not relieve the Contractor from responsibility for safe and proper delivery notwithstanding the Authorized User’s payment of transportation charges. Contractor shall be responsible for ensuring that the ▇▇▇▇ of Lading states “charges prepaid” for all shipments.

  • Check-writing Charge The Transfer Agent may receive any fees reasonably related to the cost incurred by the Transfer Agent to administer and collect the check-writing charge applicable to a shareholder’s Account in an all-inclusive fee fund. The Transfer Agent may also receive any fees reasonably related to the cost to the Transfer Agent of completing stop payment orders with respect to checks written on a shareholder’s Account in an all-inclusive fee fund.

  • Floating Nurses required to float within the Medical Center inpatient or outpatient settings will receive adequate orientation. Appropriate resources will be available as follows: a. Introduction to the charge nurse and/or nurse resource for the shift; b. Review of emergency procedures for that unit; c. Tour of the physical environment and location of supplies and equipment; d. Review of the patient assignment and unit routine. Nurses shall not be required to perform new procedures without nursing supervision. Nurses shall seek supervisory guidance for those tasks or procedures for which they have not been trained. Nurses who encounter difficulties related to floating should report these to the appropriate Nurse Manager. There will be no adverse consequences for a nurse filing a concern. The Nurse Manager (or designee) will seek volunteers among the nurses present on the unit before assigning nurses to float. Floating will be assigned on an equitable basis as determined by each unit. The Medical Center will make a good faith effort not to require a nurse to float more than once per shift. Nurses assigned to float will receive a patient assignment taking into account the nurse’s training and experience. When feasible, the Nursing Supervisor or designee will offer the Patient Care Unit(s) an option to recommend floating assignments for unit RNs before per diems are assigned. Attempts will be made to float RNs in designated clinical clusters. Upon request, RNs with over 20 years of continuous professional nursing service at UWMC shall float only after all others when skill-mix permits.

  • Fixed Charge Ratio Maintain a Fixed Charge Ratio as determined as of each Calculation Date of not less than 1.50: 1. The Fixed Charge Ratio covenant shall be tested by the Administrative Agent as of each Calculation Date with results based upon the results for the most recent Calculation Period, such calculation and results to be verified by the Administrative Agent.