Common use of RELEASE AND TRANSFER Clause in Contracts

RELEASE AND TRANSFER. (a) The Security Trustee shall, upon the full performance and discharge of the Secured Obligations to the satisfaction of the Security Trustee and the Finance Parties, at the request and cost of the relevant Subordinated Lenders and in such form as the Security Trustee shall reasonably approve, release and transfer to the relevant Subordinated Lenders, the Secured Indebtedness then the subject of the Security Interest constituted by this Deed. (b) Notwithstanding any discharge, release or settlement from time to time between the Security Trustee and/or any Finance Party and any Subordinated Lender or the Borrower, if any security, disposition or payment granted or made to the Security Trustee and/or any Finance Party in respect of the Secured Obligations by any Subordinated Lender, the Borrower or any other person is avoided or set aside or ordered to be surrendered, paid away, refunded or reduced by virtue of any provision, law or enactment relating to bankruptcy, insolvency, liquidation, winding-up, composition or arrangement for the time being in force or for any other reason, the Security Trustee shall be entitled thereafter to enforce this Deed as if no such discharge, release or settlement had occurred.

Appears in 2 contracts

Sources: Group Subordination Deed (China Netcom Group CORP (Hong Kong) LTD), Group Subordination Deed (China Netcom Group CORP (Hong Kong) LTD)

RELEASE AND TRANSFER. (a) The Security Trustee shall, upon the full performance and discharge of the Secured Obligations to the satisfaction of the Security Trustee and the Finance Parties, at the request and cost of the relevant Subordinated Lenders Chargor(s) and in such form as the Security Trustee shall reasonably approve, release and transfer to the relevant Subordinated LendersChargor(s), the Secured Indebtedness Collateral then the subject of the Security Interest constituted by this Deed. (b) Notwithstanding any discharge, release or settlement from time to time between the Security Trustee and/or any other Finance Party and the Borrower and/or any Subordinated Lender or the BorrowerChargor, if any security, disposition or payment granted or made to the Security Trustee and/or any other Finance Party in respect of the Secured Obligations by any Subordinated Lender, the Borrower or any Chargor or any other person is avoided or set aside or ordered to be surrendered, paid away, refunded or reduced by virtue of any provision, law or enactment relating to bankruptcy, insolvency, liquidation, winding-up, composition or arrangement for the time being in force or for any other reason, the Security Trustee Finance Parties shall be entitled thereafter to enforce this Deed as if no such discharge, release or settlement had occurred.

Appears in 2 contracts

Sources: Debenture (China Netcom Group CORP (Hong Kong) LTD), Debenture (China Netcom Group CORP (Hong Kong) LTD)

RELEASE AND TRANSFER. (a) The Security Trustee shall, upon the full performance and discharge of the Secured Obligations to the satisfaction of the Security Trustee and the Finance Parties, at the request and cost of the relevant Subordinated Lenders Chargor(s) and in such form as the Security Trustee shall reasonably approve, release and transfer to the relevant Subordinated LendersChargor(s), the Secured Indebtedness Collateral then the subject of the Security Interest constituted by this Deed. (b) Notwithstanding any discharge, release or settlement from time to time between the Security Trustee and/or any other Finance Party and the Borrower and/or any Subordinated Lender or the BorrowerChargor, if any security, disposition or payment granted or made to the Security Trustee and/or any other Finance Party in respect of the Secured Obligations by any Subordinated Lender, the Borrower or any Chargor or any other person is avoided or set aside or [Hong Kong Group Debenture] ordered to be surrendered, paid away, refunded or reduced by virtue of any provision, law or enactment relating to bankruptcy, insolvency, liquidation, winding-up, composition or arrangement for the time being in force or for any other reason, the Security Trustee Finance Parties shall be entitled thereafter to enforce this Deed as if no such discharge, release or settlement had occurred.

Appears in 2 contracts

Sources: Debenture (China Netcom Group CORP (Hong Kong) LTD), Debenture (China Netcom Group CORP (Hong Kong) LTD)

RELEASE AND TRANSFER. (a) The Security Trustee shall, upon the full performance and discharge of the Secured Obligations to the satisfaction of the Security Trustee and the Finance Parties, at the request and cost of the relevant Subordinated Lenders Lender and in such form as the Security Trustee shall reasonably approve, release and transfer to the relevant Subordinated LendersLender, the Secured Indebtedness then the subject of the Security Interest constituted by this Deed. (b) Notwithstanding any discharge, release or settlement from time to time between the Security Trustee and/or any Finance Party and any the Subordinated Lender or any of the BorrowerDebtors, if any security, disposition or payment granted or made to the Security Trustee and/or any Finance Party in respect of the Secured Obligations by any the Subordinated Lender, any of the Borrower Debtors or any other person is avoided or set aside or ordered to be surrendered, paid away, refunded or reduced by virtue of any provision, law or enactment relating to bankruptcy, insolvency, liquidation, winding-up, composition or arrangement for the time being in force or for any other reason, the Security Trustee shall be entitled thereafter to enforce this Deed as if no such discharge, release or settlement had occurred.

Appears in 2 contracts

Sources: Group Subordination Deed (China Netcom Group CORP (Hong Kong) LTD), Group Subordination Deed (China Netcom Group CORP (Hong Kong) LTD)

RELEASE AND TRANSFER. (a) The Security Trustee shall, upon the full performance and discharge of the Secured Obligations to the satisfaction of the Security Trustee and the Finance Parties, at the request and cost of the Borrower and the relevant Subordinated Lenders Assignor(s) and in such form as the Security Trustee shall reasonably approve, release and transfer to the Borrower or the relevant Subordinated LendersAssignor(s) (as the case maybe), the Secured Indebtedness Collateral then the subject of the Security Interest constituted by this Deed. (b) Notwithstanding any discharge, release or settlement from time to time between the Security Trustee and/or any Finance Party and the Borrower and/or any Subordinated Lender or the BorrowerAssignor, if any security, disposition or payment granted or made to the Security Trustee and/or any Finance Party in respect of the Secured Obligations by any Subordinated Lender, the Borrower or any Assignor or any other person is avoided or set aside or ordered to be surrendered, paid away, refunded or reduced by virtue of any provision, law or enactment relating to bankruptcy, insolvency, liquidation, winding-up, composition or arrangement for the time being in force or for any other reason, the Security Trustee shall be entitled thereafter to enforce this Deed Assignment as if no such discharge, release or settlement had occurred.

Appears in 2 contracts

Sources: Group Assignment of Insurances (China Netcom Group CORP (Hong Kong) LTD), Group Assignment of Insurances (China Netcom Group CORP (Hong Kong) LTD)