Common use of New Security Clause in Contracts

New Security. If: (a) the Company has not procured any SIDF Facilities by the SIDF Longstop Date; (b) at any time prior to the SIDF Longstop Date, the Company decides to no longer seek financing from SIDF for the Project; or (c) SIDF has irrevocably released the Security granted to it pursuant to the SIDF Assignment of Technology Rights, the SIDF Assignment of Insurances and the SIDF Mortgages after the Company has discharged all of its obligations under each SIDF Facility Agreement (the "SIDF Release Event"), the Company, subject to Clause 8.2 (New Security Coverage), shall as soon as reasonably practicable and in any event within one hundred and twenty (120) days of the earlier to occur of (a), (b) and (c) above, execute security documents and deliver the same to, the Security Trustee and Agent in a form reasonably acceptable to the Security Trustee and Agent, and provide any other document as may be reasonably required by the Security Trustee and Agent, so as to: (i) assign by way of first ranking security all of the Company's rights to receive Insurance Proceeds in favour of the Security Trustee and Agent (the "Company's Assignment of Insurances") ; (ii) subject to clause 28.9 (Market availability) of the Common Terms Agreement: (A) procure the assignment, by way of first ranking security, of all of the Insurers' rights to receive any re-insurance proceeds relative to the Project in favour of the Company (the "Insurers' Assignment of Re- insurances"); and (B) assign by way of first ranking security all of the Company's rights to receive re-insurance proceeds relative to the Project in favour of the Security Trustee and Agent (the "Company's Assignment of Re- insurances"); (iii) assign by way of first ranking security all of the Company's rights under each Technology Rights Agreement in favour of the Security Trustee and Agent (the "Company's Assignment of Technology Rights"); and (iv) pledge certain commercial assets comprising the Project Facilities (the "Commercial Pledge") in favour of the Security Trustee and Agent. together (i),(ii), (iii) and (iv) (the "New Security"). and as soon as is reasonably practicable thereafter perfect such New Security in a manner reasonably required by the relevant Security Trustee and Agent. 560734-v2\BAHDMS

Appears in 1 contract

Sources: Equity Support, Subordination and Retention Agreement (Mosaic Co)

New Security. If: (a) the Company has not procured any SIDF Facilities by the SIDF Longstop Date; (b) at any time prior to the SIDF Longstop Date, the Company decides to no longer seek financing from SIDF for the Project; or (c) SIDF has irrevocably released the Security granted to it pursuant to the SIDF Assignment of Technology Rights, the SIDF Assignment of Insurances and the SIDF Mortgages after the Company has discharged all of its obligations under each SIDF Facility Agreement (the "SIDF Release Event"), the Company, subject to Clause 8.2 (New Security Coverage), shall as soon as reasonably practicable and in any event within one hundred and twenty (120) days of the earlier to occur of (a), (b) and (c) above, execute security documents and deliver the same to, the Security Trustee and Agent in a form reasonably acceptable to the Security Trustee and Agent, and provide any other document as may be reasonably required by the Security Trustee and Agent, so as to: (i) assign by way of first ranking security all of the Company's ’s rights to receive Insurance Proceeds in favour of the Security Trustee and Agent (the "Company's ’s Assignment of Insurances") ; (ii) subject to clause 28.9 (Market availability) of the Common Terms Agreement: (A) procure the assignment, by way of first ranking security, of all of the Insurers' rights to receive any re-insurance proceeds relative to the Project in favour of the Company (the "Insurers' Assignment of Re- Re-insurances"); and (B) assign by way of first ranking security all of the Company's ’s rights to receive re-insurance proceeds relative to the Project in favour of the Security Trustee and Agent (the "Company's ’s Assignment of Re- Re-insurances"); (iii) assign by way of first ranking security all of the Company's ’s rights under each Technology Rights Agreement in favour of the Security Trustee and Agent (the "Company's ’s Assignment of Technology Rights"); and (iv) pledge certain commercial assets comprising the Project Facilities (the "Commercial Pledge") in favour of the Security Trustee and Agent. together (i),(iii), (ii), (iii) and (iv) (the "New Security"). and as soon as is reasonably practicable thereafter perfect such New Security in a manner reasonably required by the relevant Security Trustee and Agent. 560734-v2\BAHDMS.

Appears in 1 contract

Sources: Equity Support, Subordination and Retention Agreement (Mosaic Co)