Common use of Charging Clause Clause in Contracts

Charging Clause. Each Charging Company with full title guarantee (but subject to any Permitted Liens) hereby charges to the Lender as security for the payment or discharge of all Secured Sums: (a) By way of legal mortgage all rights, title, estate and other interests of such Charging Company in each of the Properties referred to in the Second Schedule; (i) By way of first fixed charge all right title estate and other interests of such Charging Company in the Properties not effectively mortgaged under clause 3.1(a); (ii) by way of first fixed charge, all plant and machinery of such Charging Company and all related spare parts, fuels, equipment and tools now or in the future vested in or held by or on behalf of the Charging Company and not charged in paragraph (a) and all rights and interests of such Charging Company under all present and future agreements for the purchase, maintenance or use of plant and machinery; (iii) by way of first fixed charge, all rental and other income and all debts and claims now or in the future due or owing to such Charging Company under or in connection with any lease, agreement or licence relating to Land; (iv) by way of first fixed charge, all Securities relating to any Subsidiary which such Charging Company may from time to time have and all other Securities belonging to such Charging Company; (v) by way of first fixed charge, all contracts and policies of insurance and assurance (or any interest therein) now or in the future held by such Charging Company and all rights and interests of the Charging Company in every such contract and policy (including the benefit of all claims arising and all money payable under such contracts and policies) (but excluding Employee Life Assurance Policies); (vi) by way of first fixed charge, all the present and future goodwill and uncalled capital from time to time of such Charging Company; (vii) by way of first fixed charge, all Intellectual Property Rights of such Charging Company capable of being validly charged by way of fixed charge and the benefit of any present or future agreement or licence relating to such rights; (viii) by way of first fixed charge, all book and other debts now or in the future owing to such Charging Company and all rights and claims of such Charging Company against third parties, present and future, capable of being satisfied by the payment of money (except rights and claims effectively charged under the preceding provisions of this clause 3.1) with the benefit of any security or guarantees of any nature whatsoever now or at any time enjoyed, held or owned by such Charging Company; (ix) by way of first fixed charge, the benefit of all negotiable instruments, guarantees, bonds, debentures, legal or equitable charges and all other security, reservation of proprietary rights, rights of tracing, unpaid vendor's liens and all other rights and remedies now or in the future available to such Charging Company whether as security for any Receivable or for the performance by any third party of any obligation now or in the future owed to such Charging Company or otherwise; (x) by way of first fixed charge, all money at any time standing to the credit of any Collection Account relating to such Charging Company, including the proceeds of all its Receivables, which proceeds shall, for the avoidance of doubt, on payment into such Collection Account, cease to be subject to the charges contained in the preceding provisions of this clause 3.1 but shall be subject to the fixed charge contained in this paragraph (x); (xi) by way of first fixed charge, all money at any time standing to the credit of any realisation account relating to such Charging Company; (xii) by way of first fixed charge, all money at any time standing to the credit of any other bank account relating to such Charging Company; and (xiii) by way of first floating charge, all Assets now or in the future owned by such Charging Company except to the extent that such Assets are for the time being effectively charged by any fixed charge contained in the preceding provisions of this clause 3.1 or validly assigned under clause 3.2, including any Assets comprised within a charge which is reconverted under clause 3.7 (Decrystallisation of Floating Charge); but in each case so that such Charging Company shall not (save if and to the extent permitted by the Loan Agreement) create any Lien over any Floating Charge Asset (whether having priority over, or ranking pari passu with or subject to, this floating charge) or take any other step referred to in clause 6(a) (Negative Pledge and other Restrictions) with respect to any Floating Charge Asset and such Charging Company shall not, without the prior written consent of the Lender, sell, transfer, part with or dispose of any Floating Charge Asset except by way of sale in the ordinary course of its business or as permitted under the Loan Agreement.

Charging Clause. Each The Charging Company with full title guarantee (but subject to any Permitted Liens) as legal and beneficial owner hereby charges to the Lender Agent (for the benefit of itself and the other Lenders) as security for the payment or discharge of all Secured Sums: (a) By way of legal mortgage all rights, title, estate and other interests of such Charging Company in each of the Properties referred to in the Second Schedule; (i) By way of first fixed charge all right title estate and other interests of such Charging Company in the Properties not effectively mortgaged under clause 3.1(a); (ii) by way of first fixed charge, all plant and machinery of such Charging Company and all related spare parts, fuels, equipment and tools now or in the future vested in or held by or on behalf of the Charging Company and not charged in paragraph (a) and all rights and interests of such Charging Company under all present and future agreements for the purchase, maintenance or use of plant and machinery; (iii) by way of first fixed charge, all rental and other income and all debts and claims now or in the future due or owing to such Charging Company under or in connection with any lease, agreement or licence relating to Land; (iv) by way of first fixed charge, all Securities relating to any Subsidiary which such Charging Company may from time to time have and all other Securities belonging to such Charging Company; (v) 3.1.1. by way of first fixed charge, all contracts and policies of insurance and assurance (or any interest therein) now or in the future held by such the Charging Company to the extent relating to the Charged Property and all rights and interests of the Charging Company in every such contract and policy (including the benefit of all claims arising and all money payable under such contracts and policies) (but excluding Employee Life Assurance Policies); (vi) 3.1.2. by way of first fixed charge, all the present and future goodwill and uncalled capital from time to time of such Charging Company; debts (viiother than book debts) by way of first fixed charge, all Intellectual Property Rights of such Charging Company capable of being validly charged by way of fixed charge and the benefit of any present or future agreement or licence relating to such rights; (viii) by way of first fixed charge, all book and other debts now or in the future owing to such the Charging Company and all rights and claims of such the Charging Company against third parties, present and future, capable of being satisfied by the payment of money (except rights and claims effectively charged under the preceding provisions of this clause 3.1) with the benefit of any security or guarantees of any nature whatsoever now or at any time enjoyed, held or owned by such Charging Company); (ix) by way of first fixed charge, the benefit of all negotiable instruments, guarantees, bonds, debentures, legal or equitable charges and all other security, reservation of proprietary rights, rights of tracing, unpaid vendor's liens and all other rights and remedies now or in the future available to such Charging Company whether as security for any Receivable or for the performance by any third party of any obligation now or in the future owed to such Charging Company or otherwise; (x) 3.1.3. by way of first fixed charge, all money at any time standing to the credit of any Collection Account relating to such Charging Companyequipment, machinery, machine tools, motors, furniture, furnishings, fixtures, vehicles (including the proceeds of all its Receivablesmotor vehicles), which proceeds shalltools, for the avoidance of doubtparts, on payment into such Collection Accountgoods (other than consumer goods or farm products), cease to be subject to the charges contained in the preceding provisions of this clause 3.1 but shall be subject to the fixed charge contained in this paragraph (x); (xi) by way of first fixed charge, all money at any time standing to the credit of any realisation account relating to such Charging Company; (xii) by way of first fixed charge, all money at any time standing to the credit of any other bank account relating to such Charging Company; and (xiii) by way of first floating charge, all Assets now or in the future owned belonging to the Charging Company, wherever located, including all attachments, accessories, replacements, substitutions, additions and improvements thereto; and 3.1.4. by such way of floating charge, all stock, inventory, Receivables and book debts of the Charging Company except and all Assets expressed to the extent that such Assets are for the time being effectively charged by be subject to any fixed charge contained in the preceding provisions of this clause Clause 3.1 to the extent that the relevant fixed charge may be ineffective or validly assigned under clause 3.2invalid or deemed not to constitute a fixed charge, including and any Assets comprised within a charge which is reconverted under clause 3.7 3.5 (Decrystallisation of Floating Charge); but in each case so that such the Charging Company shall not (save if and to the extent permitted by the Loan Agreement) create any Lien over any Floating Charge Asset (whether having priority over, or ranking pari passu with or subject to, this floating charge) or take any other step referred to in clause 6(a) 6.1 (Negative Pledge and other Restrictions) with respect to any Floating Charge Asset and such the Charging Company shall not, without the prior written consent of the LenderAgent, sell, transfer, part with or dispose of any Floating Charge Asset except by way of sale in the ordinary course of its business or as permitted under the Loan Agreement.

Charging Clause. Each The Charging Company with full title guarantee (but subject to any Permitted Liens) hereby charges to the Lender Agent (for the benefit of itself and the other Lenders) as security for the payment or discharge of all Secured Sums: (a) By way of legal mortgage all rights, title, estate and other interests of such Charging Company in each of the Properties referred to in the Second Schedule; (i) By way of first fixed charge all right title estate and other interests of such Charging Company in the Properties not effectively mortgaged under clause 3.1(a); (ii) by way of first fixed charge, all plant and machinery of such Charging Company and all related spare parts, fuels, equipment and tools now or in the future vested in or held by or on behalf of the Charging Company and not charged in paragraph (a) and all rights and interests of such Charging Company under all present and future agreements for the purchase, maintenance or use of plant and machinery; (iii) by way of first fixed charge, all rental and other income and all debts and claims now or in the future due or owing to such Charging Company under or in connection with any lease, agreement or licence relating to Land; (iv) by way of first fixed charge, all Securities relating to any Subsidiary which such Charging Company may from time to time have and all other Securities belonging to such Charging Company; (v) 3.1.1 by way of first fixed charge, all contracts and policies of insurance and assurance (or any interest therein) now or in the future held by such the Charging Company to the extent relating to the Charged Property and all rights and interests of the Charging Company in every such contract and policy (including the benefit of all claims arising and all money payable under such contracts and policies) (but excluding Employee Life Assurance Policies); (vi) 3.1.2 by way of first fixed charge, all Receivables but for the present and future goodwill and uncalled capital from time to time avoidance of such doubt not including bank accounts held by the Charging CompanyCompany other than as expressly charged in paragraph 3.1.3 below; (vii) by way of first fixed charge, all Intellectual Property Rights of such Charging Company capable of being validly charged by way of fixed charge and the benefit of any present or future agreement or licence relating to such rights; (viii) by way of first fixed charge, all book and other debts now or in the future owing to such Charging Company and all rights and claims of such Charging Company against third parties, present and future, capable of being satisfied by the payment of money (except rights and claims effectively charged under the preceding provisions of this clause 3.1) with the benefit of any security or guarantees of any nature whatsoever now or at any time enjoyed, held or owned by such Charging Company; (ix) by way of first fixed charge, the benefit of all negotiable instruments, guarantees, bonds, debentures, legal or equitable charges and all other security, reservation of proprietary rights, rights of tracing, unpaid vendor's liens and all other rights and remedies now or in the future available to such Charging Company whether as security for any Receivable or for the performance by any third party of any obligation now or in the future owed to such Charging Company or otherwise; (x) 3.1.3 by way of first fixed charge, all money at any time standing to the credit of any Collection Account relating to such Charging Company, including the proceeds of all its Receivables, which proceeds shall, for the avoidance of doubt, on payment into such Collection Account, cease to be subject to the charges contained in the preceding provisions of this clause Clause 3.1 but shall be subject to the fixed charge contained in this paragraph (x)3.1.3; (xi) 3.1.4 by way of first fixed charge, all money at any time standing equipment, machinery, machine tools, motors, furniture, furnishings, fixtures, vehicles (including motor vehicles), tools, parts, goods (other than consumer goods or farm products), now or in the future belonging to the credit of any realisation account relating to such Charging Company;, wherever located, including all attachments, accessories, replacements, substitutions, additions and improvements thereto; and (xii) 3.1.5 by way of first fixed charge, all money at any time standing to the credit of any other bank account relating to such Charging Company; and (xiii) by way of first floating charge, all Assets now or in the future owned by such Charging Company except expressed to the extent that such Assets are for the time being effectively charged by be subject to any fixed charge contained in the preceding provisions of this clause Clause 3.1 to the extent that the relevant fixed charge may be ineffective or validly assigned under clause 3.2invalid or deemed not to constitute a fixed charge, including and any Assets comprised within a charge which is reconverted under clause 3.7 Clause 3.5 (Decrystallisation of Floating Charge); but in each case so that such the Charging Company shall not (save if and to the extent permitted by the Loan Agreement) create any Lien over any Floating Charge Asset (whether having priority over, or ranking pari passu with or subject to, this floating charge) or take any other step referred to in clause 6(a) Clause 6.1 (Negative Pledge and other Restrictions) with respect to any Floating Charge Asset and such the Charging Company shall not, without the prior written consent of the LenderAgent, sell, transfer, part with or dispose of any Floating Charge Asset except by way of sale in the ordinary course of its business or as permitted under the Loan Agreement.