Share Mortgage. The Company shall ensure that the following documents are delivered to the Selling Shareholder on the date of this Agreement in form and substance satisfactory to the Selling Shareholder:
Share Mortgage. 4.1As soon as practical following the signing of this Agreement, the Major Purchasers shall instruct Madison Pacific Trust Limited (the “Security Agent”) to, within ten (10) Business Days from the date hereof and prior to the First Closing:
Share Mortgage. 2.1 The Chargor, as beneficial owner, mortgages and agrees to mortgage to the Chargee (as trustee for and on behalf of the Investors) by way of first mortgage all of the Mortgaged Shares as a continuing security for the discharge of such obligations of the Company under the Settlement Agreement as shall fall to be performed.
Share Mortgage. Share Mortgage of Corporate Express Australia Limited between Xxxxxxxx International BV and Deutsche Bank AG, London Branch 216 PART IV - CONDITIONS SUBSEQUENT DOCUMENTS SECTION A - Conditions Subsequent to be satisfied by 31 January 2004
Share Mortgage. On the Condition Subsequent Date, the Purchaser must deliver to the Seller a duly executed counterpart of the Purchaser of the Share Mortgage.
Share Mortgage. (a) Except for the Nautilus Share Mortgage granted hereunder, the Company (i) is and will continue to be the direct owner, beneficially and of record, of 100% of the outstanding shares of the Nautilus Inkia Holdings LLC, (ii) holds the same free and clear of all Security Interests (other than Security Interests created by this Agreement), (iii) will make no assignment, pledge, hypothecation or transfer of, or create or permit to exist any security interest in or other Security Interests with respect to the Company Share Mortgage, other than Security Interests created by or permitted under this Agreement, and (iv) will defend its title or interest thereto or therein against any and all Security Interests (other than the Security Interests created hereby), however arising, of all Persons whomsoever.
Share Mortgage. The First Share Mortgage has been given by the First Borrower to pledge by way of a first legal and equitable mortgage the First Mortgaged Shares in favour of the Lender as collateral for all the monies owed to the Lender from time to time. In addition, the Lender shall have the right from time to time at its absolute and sole discretion require or demand any other collateral, irrespective of whether the monetary value of the same is equivalent to or over the outstanding indebtedness owing from the First Borrower to the Lender. THE SECOND LOAN AGREEMENT Date : 27 October 2014 Parties : the Lender and the Second Borrower The Second Borrower is an individual, and to the best of the knowledge, information and belief of the Directors and having made all reasonable enquiries, the Second Borrower is an Independent Third Party. Amount of the Second Loan Up to HK$53,000,000 Term The Business Day falling on fourth (4) month from the date of drawdown, which may be extended for another four (4) months if so agreed by the parties to the Second Loan Agreement.
Share Mortgage. Openmarkets Group Limited OMG (Acquisition Co) Pty Ltd +00 0 0000 0000 GPO Box 2778 Level 27, 100 Xxxxx Xxxxxx axxxx@xxxxxxxxxx.xxx Brisbane QLD 4001 Brisbane QLD 4000 wxx.xxxxxxxxxx.xxx ABN 31 152 230 478 Liability limited by a scheme approved under Professional Standards Legislation.
Share Mortgage. Subject to the provisions of Clause 5 (Redemption) below, the Mortgagor, as continuing security for the payment and discharge of the Secured Indebtedness:
Share Mortgage. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE SECURITY INTERESTS GRANTED TO THE COLLATERAL AGENT FOR THE BENEFIT OF THE SECURED PARTIES, PURSUANT TO THIS DEED AND THE EXERCISE OF ANY RIGHT OR REMEDY BY THE COLLATERAL AGENT HEREUNDER ARE SUBJECT TO THAT CERTAIN INTERCREDITOR AGREEMENT, DATED AS OF DECEMBER 17, 2010 (AS AMENDED, RESTATED, AMENDED AND RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME, THE “INTERCREDITOR AGREEMENT”), AMONG NOVELIS INC., NOVELIS CORPORATION, NOVELIS CAST HOUSE TECHNOLOGY LTD., 4260848 CANADA INC., 4260856 CANADA INC., NOVELIS NO. 1 LIMITED PARTNERSHIP, NOVELIS CORPORATION, NOVELIS PAE CORPORATION, NOVELIS BRAND LLC, NOVELIS SOUTH AMERICA HOLDINGS LLC, ALUMINUM UPSTREAM HOLDINGS LLC, NOVELIS EUROPE HOLDINGS LIMITED, NOVELIS UK LTD., NOVELIS SERVICES LIMITED, NOVELIS DEUTSCHLAND GMBH, NOVELIS AG, NOVELIS SWITZERLAND SA, NOVELIS TECHNOLOGY AG, NOVELIS ALUMINUM HOLDING COMPANY, NOVELIS DO BRASIL LTDA., NOVELIS LUXEMBOURG S.A., NOVELIS PAE, NOVELIS MADEIRA UNIPESSOAL, LDA, AV METALS INC. (“HOLDINGS”), THE OTHER SUBSIDIARIES OF HOLDINGS FROM TIME TO TIME PARTY THERETO, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT FOR THE REVOLVING CREDIT LENDERS (AS DEFINED IN THE INTERCREDITOR AGREEMENT), BANK OF AMERICA, N.A., AS COLLATERAL AGENT FOR THE REVOLVING CREDIT CLAIMHOLDERS (AS DEFINED IN THE INTERCREDITOR AGREEMENT), BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT FOR THE TERM LOAN LENDERS (AS DEFINED IN THE INTERCREDITOR AGREEMENT), BANK OF AMERICA, N.A., AS COLLATERAL AGENT FOR THE TERM LOAN SECURED PARTIES (AS DEFINED IN THE INTERCREDITOR AGREEMENT), AND CERTAIN OTHER PERSONS WHICH MAY BE OR BECOME PARTIES THERETO OR BECOME BOUND THERETO FROM TIME TO TIME. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THE PROVISIONS OF THE INTERCREDITOR AGREEMENT AND THIS DEED, THE PROVISIONS OF THE INTERCREDITOR AGREEMENT SHALL GOVERN AND CONTROL. Skadden, Arps, Slate, Xxxxxxx & Xxxx (UK) LLP 00 Xxxx Xxxxxx Xxxxxx Xxxxx Xxxxxx X00 0XX CONTENTS Clause Page 1. INTERPRETATION 1 2. CREATION OF SECURITY 5 3. REPRESENTATIONS AND WARRANTIES 6 4. RESTRICTIONS ON DEALINGS 7 5. COVENANTS 7 6. WHEN SECURITY BECOMES ENFORCEABLE 10 7. ENFORCEMENT OF SECURITY 11 8. RECEIVER 12 9. POWERS OF RECEIVER 13 10. APPLICATION OF PROCEEDS 15 11. TAXES, EXPENSES AND INDEMNITY 15 12. DELEGATION 15 13. FURTHER ASSURANCES 16 14. POWER OF ATTORNEY 16 15. PRESERVATION OF SECURITY 17 16. MISCELLANEOUS 19 17. RELEASE 20 18. COUNTERPARTS 20 19. NOTICES 2...
