FIXED AND FLOATING CHARGES Clause Samples
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FIXED AND FLOATING CHARGES. 2.1 As a continuing security for the payment of all money and the discharge of all obligations and liabilities covenanted to be paid or met or otherwise secured under this Debenture, the Company, as beneficial owner, hereby:
2.1.1 grants and conveys to the Agent the Company’s right, title and interest in ALL THAT the freehold property more particularly described in the First Schedule TO HOLD the same unto and to the use of the Agent in accordance with this Debenture, the Credit Agreement and other Loan Documents in fee simple subject only to the Incumbrances;
2.1.2 assigns to the Agent the Company’s right, title and interest in ALL THAT the leasehold property of the Company more particularly described in the Second Schedule TO HOLD the same unto the Agent in accordance with this Debenture, the Credit Agreement and other Loan Documents for all the unexpired residue of the term of any lease or tenancy in respect of the same and any renewal thereof subject only to the terms and conditions of any lease or tenancy agreement of the same;
2.1.3 charges to the Agent all other freehold and leasehold property of the Company both present and future and all buildings, improvements (including all infrastructure improvements and public improvements) and fixtures (including trade fixtures), plant, machinery, vehicles, computers and office and other equipment of the Company both present and future (excluding stock in trade of the Company) from time to time on that property or the Charged Property or used in connection with that property or the Charged Property , with the benefit of all existing and future leases, under leases, tenancies and agreements relating to such property or the Charged Property (including all rents and profits from all such property including the Charged Property );
2.1.4 charges all stocks, shares, bonds and securities of any kind whether marketable or otherwise, and all other interests including (but not limited to) loan capital of the Company both present and future in any company, firm, consortium or entity including all allotments, accretions, offices, rights, benefits and advantages at any time accruing, offered or arising in respect of or incidental to such stocks, shares, bonds and securities and all stocks, shares, rights, money or property accruing to them or offered at any time by way of conversion, redemption, bonus, preference, option or otherwise in respect of them;
2.1.5 charges all book and other debts, revenues and claims both prese...
FIXED AND FLOATING CHARGES. 3.1 For better securing the payment of the Indebtedness and discharge of the obligations of the Borrower under the Loan Documents the Borrower as beneficial owner hereby charges to the Agent as trustee for itself and the other Beneficiaries and so that the charge hereby created shall be a continuing security:-
(a) by way of a fixed charge over the Project Proceeds standing in the Project Account, all its uncalled capital, goodwill, patents, trademarks, licenses and concessions and all its plant, equipment and machinery, motor vehicles, furniture and fittings wheresoever they may be and all patents, trademarks, licenses, concessions, plant equipment machinery motor vehicles furniture and fittings hereafter acquired together with all accessories and parts pertaining thereto;
(b) by way of a floating charge over all the lands, undertakings and other properties and assets of the Borrower movable and immovable whatsoever and wheresoever situate both present and future (including without limitation the Borrower's uncalled capital, goodwill, book debts, accounts receivable, stock-in-trade and Schedule 6 - 95 Borrower : Syarikat Telefon Wireless (M) Sdn. Bhd. Facility : Term Loan Facility of RM91,000,000.00 materials (including raw materials and partly finished and finished products), shares, stocks, securities, options and other rights in securities) not otherwise charged under clause 3.1 (a).
FIXED AND FLOATING CHARGES. In consideration of the Chargees agreeing to permit the Chargors to pay the Agreed Total by instalments, the Chargors as legal and beneficial owners of their respective assets mentioned below, and as a continuing security for the payment and discharge of the Secured Indebtedness and for the observance and performance by the Chargors of all their obligations to the Chargees including those under or in connection with the Transaction Documents, hereby CHARGE AND ASSIGN in favour of the Chargees as follows:-
3.1.1 IDWI hereby charges and assigns in favour of the Chargees by way of FIRST FIXED CHARGE all its rights, title, benefit and interest in and to the Shares together with all interest, benefits, rights and entitlements of any nature attaching to or relating to or arising out of the Shares at any time whether by way of dividends, interest, rights, money or property accruing, paid, offered, issued or deriving therefrom or otherwise howsoever at any time in respect thereof and all proceeds of sale and realisation of the Shares hereby charged;
3.1.2 IDWHK hereby charges and assigns in favour of the Chargees by way of FIRST FIXED CHARGE:-
(a) all immovable property, wheresoever situate now or hereafter belonging to IDWHK and all buildings, trade and other fixtures, plant and machinery from time to time on any such immovable property;
(b) all IDWHK Receivables and all rights enabling IDWHK to enforce or obtain the IDWHK Receivables
(c) all encumbrances;
(d) all Equity Interests, stocks, shares, debentures, loan capital, bonds and securities of any kind whatsoever and all other interests, including without limitation, rights of IDWHK to subscribe for, convert other securities into or otherwise acquire any stocks, shares, debentures, loan capital, bonds and securities of any kind whatsoever, together with all dividends, interest and other income and all other rights, benefits and advantages of whatsoever kind deriving from or incidental to any of the foregoing;
(e) the goodwill of IDWHK and its uncalled capital now or at any time hereafter in existence and future calls (whether made by the directors of IDWHK or by a Receiver or a liquidator or any other person);
(f) all copyright, trade marks, patents, inventions, fees and royalties, all intellectual and technology property rights of whatsoever name and description, together with all other rights of every kind deriving from the aforesaid, now or at any time hereafter belonging to IDWHK;
(g) all moveable properti...