Hypothecated Properties definition
Examples of Hypothecated Properties in a sentence
The Debenture Holder(s) shall be deemed to have authorised the Debenture Trustee to execute such deeds or such other documents as may be required to give effect to such addition/ substitution/ release of the Hypothecated Properties without requiring the Debenture Trustee to provide specific notice to or obtaining consent from the Debenture Holder(s) for so long as no Event of Default has occurred and is continuing even after the expiry of the Cure Period and the Required Security Cover is maintained.
Save and except the hypothecation/ charge created by the Company in favour of various lenders/ security trustees/ debenture holders/ debenture trustees/ third parties as security for the borrowings made by the Company, the Hypothecated Properties hereinbefore expressed to be granted, assigned, transferred and assured are the sole and absolute property of the Company and, are not subject to any attachment or other process issued by any Court or other authority.
Depository person registered with the SEBI as a Deed of Hypothecation shall mean the deed of hypothecation executed by the Company in favour of the Debenture Trustee on or about the date of this Deed for the purpose of securing the Debentures (which are proposed to be secured as per the applicable Information Memorandum) by way of a charge over the Hypothecated Properties.
The Issuer shall ensure that the Asset SPV shall create and perfect a first ranking exclusive charge by way of a hypothecation in favour of the Debenture Trustee (for the benefit of the Debenture Holders) over the Hypothecated Properties within the timelines specified and in accordance with the terms contained in the Deed of Hypothecation for securing its payment obligations to the Finance Parties pursuant to the Debentures.
Upon assignment of this Agreement by Processor or Bank to a third party, Processor or Bank shall have no further obligations related to this Agreement.
This Agreement shall become and be effective (the “Effective Date”) upon the date of final execution by the latter of the City and the Landowner and shall be valid and enforceable on said date and thereafter.
Notwithstanding anything to the contrary contained in this Deed and provided that the Required Security Cover is maintained, the Company shall be entitled to create further non-exclusive, first/second ranking pari passu charge or Encumbrance on the Hypothecated Properties in favour of any other person including other lenders/ security trustees/ debenture holders/ debenture trustees/ other instrument holders/ trustees, without prior approval of the Debenture Trustee.
Notwithstanding anything to the contrary stated hereunder, the Issuer further undertakes that the Asset SPV shall continue to be the sole legal and beneficial owner of the Hypothecated Properties held by it, free of any Encumbrance and shall not sell, transfer, redeem or otherwise dispose of such Hypothecated Properties.
Except as provided herein, the Debenture Trustee shall not in any manner be required, bound or concerned to interfere with the management or the affairs of the Company or its business or the custody, care, preservation or repair of the Hypothecated Properties or any part thereof.