First Fixed Charge Sample Clauses

POPULAR SAMPLE Copied 31 times
First Fixed Charge. As security for the payment and performance by the Client of the Liabilities (which Liabilities the Client hereby covenants to pay or satisfy as appropriate), the Client hereby charges in favour of GTJAFX, on trust for itself and its Affiliates by way of first fixed charge any and all right, title and interest of the Client to and in all amounts standing to the credit of the Account (and the debt or any beneficial interest represented thereby), including Deposit held as Margin (the "Security Margin").
View SourceView Similar (5)
First Fixed Charge. The Chargor, as security for the payment and discharge of all Secured Liabilities, charges in favour of the Security Trustee for the benefit of itself and the Beneficiaries: (a) by way of a first legal mortgage all the property referred to in Schedule 1 together with all buildings and Fixtures, erections and structures thereon or in the course of construction thereon, the proceeds of sale of all or any part thereof and (so far as the same are capable of being mortgaged) the benefit of any covenants for title given or entered into by any predecessor in title of the Chargor and any moneys paid or payable in respect of such covenants; and (b) by way of first fixed charge: (i) all plant and machinery now or in the future owned by the Chargor and its interest in any plant or machinery in its possession, in each case which form part of the Mortgaged Property; (ii) all benefits in respect of the Insurances and all claims and returns of premiums in respect of the Mortgaged Property; (iii) the benefit of all present and future licences, consents and authorisations (statutory or otherwise) held in connection with its business so far as it relates to the Security Assets or the use of any of the Security Assets specified in paragraph (a) and subparagraph (i) above and the right to recover and receive all compensation which may at any time become payable to it in respect thereof; and (iv) if and in so far as the legal mortgages set forth in paragraph (a) above or the assignments set forth in Clause 4 (Assignment) shall for any reason be ineffective as legal mortgages or assignments, the assets referred to in those clauses.
View SourceView Similar (4)
First Fixed Charge. The Company and the Company Shareholder, as continuing security for the payment and discharge of all Secured Obligations, charges and agrees to charge all its rights, title and interest in and to the Charged Property with full title guarantee and by way of first fixed charge in favour of Elegance for the benefit of itself and the other Secured Parties.
View SourceView Similar (2)
First Fixed Charge. 3.1 Each Borrower with full title guarantee hereby (i) charges and (ii) agrees to charge and (iii) releases and (iv) agrees to release to the Security Agent as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property. 3.2 Upon the occurrence of an Event of Default which is continuing the charge shall become enforceable and the Security Agent shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived. 3.3 A certificate signed by a director or other senior officer of the Security Agent and which states that on a specified date and (if the certificate also states this) at a specified time the Security Agent exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall, in the absence of manifest error, be conclusive evidence that: 3.3.1 the HSH Swap Provider's liabilities in respect of the specified amount of Secured Property; and 3.3.2 the specified amount of the Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.
View SourceView Similar (2)
First Fixed Charge. In consideration of the Bank making available, or continuing to make available, invoice discounting facilities or any other banking accommodation whatsoever to the Depositor, the Depositor with full title guarantee hereby charges the Accounts and the Deposits by way of first fixed charge in favour of the Bank as continuing security for the repayment and satisfaction on demand of all Secured Liabilities.
View Source
First Fixed Charge 
View SourceView Similar (3)

Related to First Fixed Charge

  • Fixed Charges the sum of (a) Net Interest Expense, (b) regularly scheduled principal payments on funded Debt paid or payable currently in cash for such period (other than payments made by the Borrowers and their Restricted Subsidiaries to the Borrowers and their Subsidiaries), and (c) Restricted Payments made under clauses (b), (c), (d), (h)(iv) (only to the extent the Borrowers would have relied on the Payment Conditions to make such Investment) and (j) of the definition of “Permitted Restricted Payments” (but excluding any Restricted Payments that are otherwise consolidated) made in cash during any fiscal period. For purposes of computing the Fixed Charge Coverage Ratio test for any fiscal period during which a Permitted Acquisition is consummated, there shall be included in Fixed Charges (without duplication) as if such Permitted Acquisition had been consummated as of the first day of such period, the Net Interest Expense and scheduled principal payments paid or payable currently in cash on Debt for borrowed money (other than revolving loans) of any Acquired Entity or Business (but not including the Net Interest Expense or Debt for borrowed money (other than revolving loans) of any related Person, property, business or assets to the extent not so acquired), based on the Net Interest Expense and Debt for borrowed money (other than revolving loans) of such Acquired Entity or Business for such period (including the portion thereof occurring prior to such acquisition) determined on a Pro Forma Basis. For purposes of computing the Fixed Charge Coverage Ratio test for any fiscal period during which a Permitted Asset Disposition is consummated, there shall be excluded in Fixed Charges (without duplication) as if such Permitted Asset Disposition had been consummated as of the first day of such period, the Net Interest Expense and scheduled principal payments paid or payable currently in cash on Debt for borrowed money (other than revolving loans) of any Disposed Entity or Business (but not excluding the Net Interest Expense or Debt for borrowed money (other than revolving loans) of any related Person, property, business or assets to the extent not so acquired), based on the Net Interest Expense and Debt for borrowed money (other than revolving loans) of such Disposed Entity or Business for such period (including the portion thereof occurring prior to such disposition) determined on a Pro Forma Basis. FLSA: the Fair Labor Standards Act of 1938. Flood Insurance Laws: collectively, (i) National Flood Insurance Reform Act of 1994 (which comprehensively revised the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973) as now or hereafter in effect or any successor statute thereto, (ii) the Flood Insurance Reform Act of 2004 as now or hereafter in effect or any successor statute thereto and (iii) the ▇▇▇▇▇▇▇-▇▇▇▇▇▇ Flood Insurance Reform Act of 2012 as now or hereafter in effect or any successor statute thereto.

  • Fixed Charge Coverage As of the last day of each calendar quarter, the ratio of (x) Annual EBITDA, less reserves for Capital Expenditures of (i) $.25 per square foot per annum for each Real Property Asset that is an office or retail property and (ii) $250 per unit for each Real Property Asset that is a multi-family residential property, to (y) the sum of (i) Total Debt Service and (ii) dividends or other payments payable by the General Partner with respect to any preferred stock issued by the General Partner and distributions or other payments payable by the Borrower with respect to any preferred partnership units of the Borrower, will not be less than 1.5:1.0.

  • Fixed Charges Coverage Ratio The Company will not permit the Consolidated Fixed Charge Coverage Ratio to be less than 2.00 to 1.00.

  • Fixed Charge Ratio Maintain a Fixed Charge Ratio as determined as of each Calculation Date of not less than 1.50: 1. The Fixed Charge Ratio covenant shall be tested by the Administrative Agent as of each Calculation Date with results based upon the results for the most recent Calculation Period, such calculation and results to be verified by the Administrative Agent.

  • Fixed Charge Coverage Ratio The Borrower will not permit the Fixed Charge Coverage Ratio as of the last day of any fiscal quarter to be less than 2.00 to 1.0.