Secured Claims. 1. The Contracting Parties hereby agree to establish Financial Collateral whose purpose shall be financial collateral specified in Art. III of this Schedule, specifically for the purpose of hedging all of AKCENTA's claims, existing and future, against the Client arisen under the Agreement and, in particular:
Secured Claims. The Tenant will ensure that no Secured Claim is registered or filed against: (a) any part of the Building; (b) the Landlord’s or any Owner’s or Mortgagee’s interest in any part of the Building; or (c) the Tenant’s interest in the Leased Premises or any of the leasehold improvements in the Leased Premises; by any Person claiming by, through, under or against the Tenant or its contractors or subcontractors. If a Secured Claim is registered or filed and the Tenant fails to promptly discharge it after receipt of notice from the Landlord, the Landlord may discharge the Secured Claim or notice of it by paying the amount claimed to be due into court (together with whatever additional amounts are required to be paid into court to obtain its removal) or directly to the holder of the Secured Claim and the Tenant will pay to the Landlord on demand all costs (including legal fees) incurred by the Landlord in connection with the Secured Claim, plus an Administration Fee.
Secured Claims. The Assignee may discharge by payment any liens or security interests, to the extent that he deems it beneficial to this A/F/B/C. The Assignee may accept as the claim of an Assenting Creditor the unsecured portion of any partially secured claim, the amount of such claim to be determined as provided in Paragraph 4.5.
Secured Claims. Each Allowed Secured Claim against any of the Debtors shall be unimpaired under the Plan and, at the sole option of the applicable Debtor, shall receive the following treatment: (i) shall receive on the Plan Distribution Date on account of such Allowed Secured Claim a Cash payment in an amount equal to the amount of the Allowed Secured Claim as of the Effective Date with Post-Petition Interest from the Petition Date through the Effective Date; (ii) shall retain its liens securing such Allowed Secured Claim and receive on account of such Allowed Secured Claim deferred cash payments having a present value on the Effective Date equal to the amount of such Allowed Secured Claim with Post-Petition Interest from the Petition Date through the Effective Date; (iii) shall realize the “indubitable equivalent” of such Allowed Secured Claim; (iv) the property securing the Allowed Secured Claim shall be sold free and clear of liens, with such liens to attach to the proceeds of the sale and the treatment of such liens on proceeds as provided in clause (ii), (iii) or (vi) of this subparagraph; (v) if such Allowed Secured Claim is subject to a valid right of recoupment or setoff, such Claim shall be setoff to the extent of the amount subject to setoff in accordance with sections 506(a) and 553 of the Bankruptcy Code; (vi) shall retain its liens securing such Allowed Secured Claim and be paid in accordance with the terms under which such Allowed Secured Claim arose; or (vii) shall receive such other treatment as may be agreed upon in writing by the holder of such Claim and such Debtor; provided that such agreed upon treatment may not provide the holder of such Claim with a return having a present value as of the Effective Date that is greater than the amount of such Allowed Secured Claim.
Secured Claims claims envisaged by Paragraph 3.4 of the Pledge Agreement;
Secured Claims. All Allowed Secured Claims will be reinstated and otherwise not impaired and all liens shall be continued until the Claims are paid in full.
Secured Claims. Except to the extent that a particular claimant agrees to a less favorable treatment approved by the Sponsor, secured claims allowed under section 506(a) of the Bankruptcy Code shall be unimpaired and reinstated upon the Effective Date under the Plan consistent with the requirements of section 1129 of the Bankruptcy Code.
Secured Claims. The Grantor undertakes to notify the Hypothecary Representative forthwith of any Claim which now is or may at any time hereafter become vested in the Grantor and which is or becomes secured by a hypothec granted by a third Person in favour of the Grantor and to provide the Hypothecary Representative with copies of the agreements or other documents evidencing such hypothec.
Secured Claims. On the Effective Date, or as soon as practicable thereafter, to the extent any Secured Claims (as defined below) exist, all Allowed Secured Claims shall be satisfied by either (a) payment in full in cash, (b) reinstatement pursuant to section 1124 of the Bankruptcy Code, or (c) such other recovery necessary to satisfy section 1129 of the Bankruptcy Code. Unimpaired – Presumed to Accept
Secured Claims. The Tenant will ensure that no Secured Claim is recorded or filed against: (a) any part of the Building, Project or the Land; (b) the Landlord’s or any Mortgagee’s interest in any part of the Building, Project or the Land; or (c) the Tenant’s interest in the Premises or any of the Leasehold Improvements in the Premises; by any Person claiming by, through, under or against the Tenant or its contractors or subcontractors. Tenant shall promptly notify Landlord of the filing or recordation of any such Secured Claim. If a Secured Claim is recorded or filed and the Tenant fails to promptly discharge it after receipt of written Notice from the Landlord, the Landlord may discharge the Secured Claim or notice of it by paying the amount claimed to be due into court (together with whatever additional amounts are required to be paid into court to obtain its removal) or directly to the holder of the Secured Claim and the Tenant will pay to the Landlord, as Additional Rent, all costs (including legal fees) incurred by the Landlord in connection with the Secured Claim, plus the Landlord’s five percent (5%) administration fee. The Tenant shall not mortgage, charge, grant a security interest in or otherwise encumber any Leasehold Improvements. However, upon Tenant’s request, Landlord agrees to subordinate Landlord’s lien as to Tenant’s personal property, including, but not limited to, Tenant’s inventory and equipment, to the interest of Tenant’s equipment lenders or lessors, provided that such subordination shall be on a form substantially similar to the form attached hereto as Exhibit “G” or other form approved by Landlord (acting reasonably) (each, a “Landlord Subordination Agreement”).
