financial encumbrance definition

financial encumbrance means a financial encumbrance under Part 5, Division 5;
financial encumbrance means, with respect to any asset, any mortgage, lien (statutory or otherwise), pledge, hypothecation, deed of trust, deemed trust, charge, security interest, assignment conferring security, preference, priority or encumbrance of any kind in respect of such asset, whether or not filed, recorded or otherwise perfected under Applicable Law, including any conditional sale or other title retention agreement, any lease in the nature thereof, any option or other agreement to sell or give a security interest in and any filing of or agreement to give any financing statement under the Uniform Commercial Code (or equivalent statutes) of any jurisdiction and, for the avoidance of doubt, “Financial Encumbrance” includes any Encumbrance that creates a priority or preference of any kind in and to any asset or the proceeds thereof; provided that in no event shall an operating lease be deemed to constitute a Financial Encumbrance.
financial encumbrance means any Encumbrance securing the payment of an amount of money due and owing as at the Closing Time and any Encumbrance securing an obligation to repay borrowed money.

More Definitions of financial encumbrance

financial encumbrance means a financial encumbrance under Part 5, Division 5; « charge financière »