Common use of Assignment by way of Security Clause in Contracts

Assignment by way of Security. As further continuing security for the payment of the Liabilities, the Company assigns by way of security with full title guarantee (to the fullest extent capable of assignment) in favour of the Security Trustee on trust for the Lender Parties, all its rights, title and interest in and benefits under the Assigned Agreements. The foregoing assignment shall include: (a) all claims for damages or other remedies in respect of any breach of any Assigned Agreement; (b) all moneys whatsoever which are now or may at any time hereafter be or become due or owing to the Company under or arising out of the Assigned Agreements or in connection with the rights of the Company evidenced thereby; and (c) all rights and remedies for enforcing the Assigned Agreements in the name of the Company or otherwise and all present and future right, title, benefit and interest in all guarantees, insurances, indemnities, mortgages, charges and other security of whatsoever nature (including all rights and remedies of enforcement) now or hereafter held by the Company in respect of all or any of the foregoing and all moneys from time to time becoming due or owing thereunder or in connection therewith. Notwithstanding the foregoing, as long as no Event of Default has occurred and is continuing, the Company may, subject to the terms and conditions of the Loan Agreement and the other Loan Documents, receive and retain the proceeds of any such claims or any such moneys and may exercise all such rights and remedies and receive and retain the proceeds of their exercise.

Assignment by way of Security. As further continuing security for the payment of the Liabilities, the Company Chargor assigns by way of security with full title guarantee (to the fullest extent capable of assignment) in favour of the Security Trustee on trust for the Lender Parties, all its rights, title and interest in and benefits under all monies from time to time standing to the credit of the Operating Account and the Assigned Agreements. The foregoing assignment of rights, title and interest in and benefits under the Assigned Agreements shall include: (a) all claims for damages or other remedies in respect of any breach of any Assigned Agreement; (b) all moneys whatsoever which are now or may at any time hereafter be or become due or owing to the Company Chargor under or arising out of the Assigned Agreements or in connection with the rights of the Company Chargor evidenced thereby; and (c) all rights and remedies for enforcing the Assigned Agreements in the name of the Company Chargor or otherwise and all present and future right, title, benefit and interest in all guarantees, insurances, indemnities, mortgages, charges and other security of whatsoever nature (including all rights and remedies of enforcement) now or hereafter held by the Company Chargor in respect of all or any of the foregoing and all moneys from time to time becoming due or owing thereunder or in connection therewith. . (d) Notwithstanding the foregoing, as long as no Event of Default has occurred and is continuing, the Company Chargor may, subject to the terms and conditions of the Loan Agreement and the other Loan Documents, receive and retain the proceeds of any such claims or any such moneys and may exercise all such rights and remedies and receive and retain the proceeds of their exercise.