Examples of Deed of Floating Charge in a sentence
The Trustee is entitled to enforce the security created by the Deed of Floating Charge only if an Event of Default referred to in Condition 11(iii) of the Notes of any Series, or the analogous provision in the terms and conditions of any Series of Alternative Investments, has occurred and the security in respect of all Series of Notes and Alternative Investments then outstanding constituted by the relevant Trust Instrument and/or Additional Security Documents has become enforceable.
The Trustee is entitled to enforce the security created by the Deed of Floating Charge only if an Event of Default referred to in Condition 9(c) of the Notes of any Series, or the analogous provision in the terms and conditions of any Series of Alternative Investments, has occurred and the security in respect of all Series of Notes and Alternative Investments then outstanding constituted by the relevant Constituting Instrument and/or Additional Charging Instrument has become enforceable.
The Trustee shall not be responsible for monitoring or enquiring whether any rights have become exercisable by the Issuer in its capacity as the holder of any Charged Assets or the property of the Issuer secured pursuant to the Deed of Floating Charge (if any) and shall not be liable to any person for any failure by the Issuer to exercise those rights.
Therefore, the ability of Deutsche Trustee Company Limited as Trustee under the Deed of Floating Charge, if an administration application were to be made in respect of the Issuer, to appoint an administrative receiver and, by the appointment of such a receiver prior to the grant of such application, would have entitled Deutsche Trustee Company Limited as Trustee to prevent the appointment of the administrator.
As the Issuer is not so registered, it is not possible for any party to appoint an administrative receiver to the Issuer, whether under the Deed of Floating Charge or otherwise.
As a result, there is no benefit to the Replacement Trustee becoming the beneficiary of the rights granted to Deutsche Trustee Company Limited as Trustee under the Deed of Floating Charge or pursuant to an equivalent instrument.
Deed of Floating Charge The obligations of the Issuer in relation to all Series of Securities will also be secured pursuant to the Deed of Floating Charge over the whole of its undertaking and assets to the extent that such undertaking and assets are not subject to any other security created by the Issuer in relation to any Series.
The Trustee is entitled to enforce the security created by the Deed of Floating Charge only if an Event of Default referred to in General Condition 10.3 of the Securities of any Series has occurred and the security in respect of all Series of Securities then outstanding constituted by the relevant Trust Instrument and/or Additional Security Documents has become enforceable.
As a result, the obligations of the Issuer in relation to all Series of Instruments in relation to which the Replacement Trustee is the Trustee pursuant to, in accordance with and on the terms of, the Series Instrument constituting such Series will not be secured pursuant to the Deed of Floating Charge.
Where the Replacement Trustee replaces Deutsche Trustee Company Limited as Trustee, the Deed of Floating Charge dated 16 December 2004, as supplemented by the First Supplemental Deed of Floating Charge dated 30 May 2007 (the “Deed of Floating Charge”) granted in favour of Deutsche Trustee Company Limited and described in General Condition 8.7 (Floating Charge) shall not be assigned to the Replacement Trustee nor shall it be assigned to any subsequent replacement trustee.