Exhibit 99.4
Hypothecation -- Special
IT IS HEREBY AGREED between the Undersigned and THE BANK OF NOVA
SCOTIA (hereinafter called "the Bank") as follows:
a and b are alternatives. Strike out whichever is inappropriate.
1. All bonds, debentures, shares, bills, notes, lien notes, gold
certificates and other securities and instruments whatsoever heretofore
a or hereafter lodged with the Bank in the vault or safe of the Bank or, if
deemed appropriate by the Bank, in uncertificated form using the services
of any recognized clearing corporation, by or on behalf of the
Undersigned
The following securities now lodged with the Bank in the vault or
safe of the Bank, or, if deemed appropriate by the Bank, in uncertificated
form using the services of any recognized clearing corporation, by or on
behalf of the Undersigned:
1,100,000 Common Shares of Revenue Properties Company Limited
-------------------------------------------------------------------------
b -------------------------------------------------------------------------
-------------------------------------------------------------------------
Stroke through space if only account of Undersigned to be secured.
and any renewals thereof, substitutions therefor and proceeds thereof
and all interest, dividends, income and revenue therefrom (hereinafter
collectively called "the securities") shall be held by the Bank as
security for the payment to the Bank of the present and future
indebtedness and liability of the Undersigned and any of them and of
▇▇▇▇▇▇▇ ▇▇▇▇ TANZ (hereinafter called "the Customer").
------------------------------------------
2. If default is made in payment of any such indebtedness or liability or
if, before payment is due, the value of any of the securities in the opinion
of the Bank, has depreciated and further securities of sufficient value, in
the opinion of the Bank, to cover such depreciation in value have not been
lodged with the Bank under this Agreement, the Bank, without notice,
advertisement, demand for payment or any other formality (all of which are
hereby waived), may sell by public or private sale or otherwise deal with the
securities in such manner as it thinks fit and may hold the proceeds in lieu
of any securities realized and appropriate the same on account of such parts
of the said indebtedness and liability as the Bank thinks fit. All costs and
expenses incurred by the Bank in respect of the securities and the
realization thereof shall be added to the said indebtedness and liability and
shall be a first charge upon the moneys received.
3. The Bank shall not be bound to realize any of the securities or to allow
any of the securities to be sold and shall not be responsible for any loss
occasioned by any sale or failure to sell or enforce any of the securities;
and the Bank shall not be bound to protest any of the securities nor to
perform any act to prevent prescription thereof nor to protect any of the
securities from depreciating in value or becoming worthless; and the Bank
shall not be bound to examine lists of drawn or redeemed bonds or notices
relating to coupons or dividends nor to advise the Undersigned of the expiry
of rights or warrants in connection with any of the securities.
4. The Bank shall not be bound to collect any interest, dividends, income
or revenue payable in respect of any of the securities but all such interest,
dividends, income or revenue, if received by the Undersigned, shall forthwith
be paid to the Bank.
5. The Bank may grant extensions, take and give up securities, accept
compositions, grant releases and discharges and otherwise deal with the
securities and all parties thereto as the Bank, thinks fit without affecting
the said indebtedness and liability of the Undersigned or the Customer to the
Bank and without prejudice to the rights of the Bank in respect of the
securities.
6. The Bank may have any of the securities registered in its name or in
the name of its nominee, and shall be entitled but not bound or required to
vote in respect of the securities at any meeting at which the holder thereof
is entitled to vote and, generally, to exercise any of the rights which the
holder of the securities may at any time have; but the Bank shall not be
responsible for any loss occasioned by the exercise of any of such rights or
by failure to exercise the same within the time limited for the exercise
thereof.
7. Where any of the securities consists of an unaccepted ▇▇▇▇, all present
and future claims of the Undersigned against the drawee and others to the
extent of the amount of such ▇▇▇▇ are hereby assigned to the Bank.
8. The Undersigned hereby irrevocably constitutes and appoints any officer
of the Bank the true and lawful attorney of the Undersigned in the name and
on behalf of the Undersigned from time to time to endorse and transfer to the
Bank or its nominee any of the securities which may require endorsement or
transfer, in order that full title to the same may be vested in the Bank or its
nominee.
IN WITNESS WHEREOF this Agreement has been executed under seal at
this 4th day of May , 19 99
-------------------- ------------- ------------ ------
/s/ ▇▇▇▇ ▇. ▇▇▇▇
------------------------------------
▇▇▇▇ ▇. ▇▇▇▇
WITNESS:
/s/ Illegible
---------------------------------
DATE RECEIVED
_____________
RECORDED_____
APPROVED_____
E.O.
AUDITOR______
Hypothecation -- Special
IT IS HEREBY AGREED between the Undersigned and THE BANK OF NOVA
SCOTIA (hereinafter called "the Bank") as follows:
a and b are alternatives. Strike out whichever is inappropriate.
1. All bonds, debentures, shares, bills, notes, lien notes, gold
certificates and other securities and instruments whatsoever heretofore
a or hereafter lodged with the Bank in the vault or safe of the Bank or, if
deemed appropriate by the Bank, in uncertificated form using the services
of any recognized clearing corporation, by or on behalf of the
Undersigned
The following securities now lodged with the Bank in the vault or
safe of the Bank, or, if deemed appropriate by the Bank, in uncertificated
form using the services of any recognized clearing corporation, by or on
behalf of the Undersigned:
1,100,000 Common Shares of Revenue Properties Company Limited
-------------------------------------------------------------------------
b -------------------------------------------------------------------------
-------------------------------------------------------------------------
Stroke through space if only account of Undersigned to be secured.
and any renewals thereof, substitutions therefor and proceeds thereof
and all interest, dividends, income and revenue therefrom (hereinafter
collectively called "the securities") shall be held by the Bank as
security for the payment to the Bank of the present and future
indebtedness and liability of the Undersigned and any of them and of
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ (hereinafter called "the Customer").
-----------------------------------------
2. If default is made in payment of any such indebtedness or liability or
if, before payment is due, the value of any of the securities in the opinion
of the Bank, has depreciated and further securities of sufficient value, in
the opinion of the Bank, to cover such depreciation in value have not been
lodged with the Bank under this Agreement, the Bank, without notice,
advertisement, demand for payment or any other formality (all of which are
hereby waived), may sell by public or private sale or otherwise deal with the
securities in such manner as it thinks fit and may hold the proceeds in lieu
of any securities realized and appropriate the same on account of such parts
of the said indebtedness and liability as the Bank thinks fit. All costs and
expenses incurred by the Bank in respect of the securities and the
realization thereof shall be added to the said indebtedness and liability and
shall be a first charge upon the moneys received.
3. The Bank shall not be bound to realize any of the securities or to allow
any of the securities to be sold and shall not be responsible for any loss
occasioned by any sale or failure to sell or enforce any of the securities;
and the Bank shall not be bound to protest any of the securities nor to
perform any act to prevent prescription thereof nor to protect any of the
securities from depreciating in value or becoming worthless; and the Bank
shall not be bound to examine lists of drawn or redeemed bonds or notices
relating to coupons or dividends nor to advise the Undersigned of the expiry
of rights or warrants in connection with any of the securities.
4. The Bank shall not be bound to collect any interest, dividends, income
or revenue payable in respect of any of the securities but all such interest,
dividends, income or revenue, if received by the Undersigned, shall forthwith
be paid to the Bank.
5. The Bank may grant extensions, take and give up securities, accept
compositions, grant releases and discharges and otherwise deal with the
securities and all parties thereto as the Bank, thinks fit without affecting
the said indebtedness and liability of the Undersigned or the Customer to the
Bank and without prejudice to the rights of the Bank in respect of the
securities.
6. The Bank may have any of the securities registered in its name or in
the name of its nominee, and shall be entitled but not bound or required to
vote in respect of the securities at any meeting at which the holder thereof
is entitled to vote and, generally, to exercise any of the rights which the
holder of the securities may at any time have; but the Bank shall not be
responsible for any loss occasioned by the exercise of any of such rights or
by failure to exercise the same within the time limited for the exercise
thereof.
7. Where any of the securities consists of an unaccepted ▇▇▇▇, all present
and future claims of the Undersigned against the drawee and others to the
extent of the amount of such ▇▇▇▇ are hereby assigned to the Bank.
8. The Undersigned hereby irrevocably constitutes and appoints any officer
of the Bank the true and lawful attorney of the Undersigned in the name and
on behalf of the Undersigned from time to time to endorse and transfer to the
Bank or its nominee any of the securities which may require endorsement or
transfer, in order that full title to the same may be vested in the Bank or its
nominee.
IN WITNESS WHEREOF this Agreement has been executed under seal at
this 4th day of May , 19 99
-------------------- ------------- ------------ ------
/s/ ▇▇▇▇ ▇. ▇▇▇▇
------------------------------------
▇▇▇▇ ▇. ▇▇▇▇
WITNESS:
/s/ Illegible
---------------------------------
DATE RECEIVED
_____________
RECORDED_____
APPROVED_____
E.O.
AUDITOR______
Hypothecation -- Special
IT IS HEREBY AGREED between the Undersigned and THE BANK OF NOVA
SCOTIA (hereinafter called "the Bank") as follows:
a and b are alternatives. Strike out whichever is inappropriate.
1. All bonds, debentures, shares, bills, notes, lien notes, gold
certificates and other securities and instruments whatsoever heretofore
a or hereafter lodged with the Bank in the vault or safe of the Bank or, if
deemed appropriate by the Bank, in uncertificated form using the services
of any recognized clearing corporation, by or on behalf of the
Undersigned
The following securities now lodged with the Bank in the vault or
safe of the Bank, or, if deemed appropriate by the Bank, in uncertificated
form using the services of any recognized clearing corporation, by or on
behalf of the Undersigned:
1,320,000 Common Shares of Revenue Properties Company Limited
-------------------------------------------------------------------------
b -------------------------------------------------------------------------
-------------------------------------------------------------------------
Stroke through space if only account of Undersigned to be secured.
and any renewals thereof, substitutions therefor and proceeds thereof
and all interest, dividends, income and revenue therefrom (hereinafter
collectively called "the securities") shall be held by the Bank as
security for the payment to the Bank of the present and future
indebtedness and liability of the Undersigned and any of them and of
▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ (hereinafter called "the Customer").
------------------------------------------
2. If default is made in payment of any such indebtedness or liability or
if, before payment is due, the value of any of the securities in the opinion
of the Bank, has depreciated and further securities of sufficient value, in
the opinion of the Bank, to cover such depreciation in value have not been
lodged with the Bank under this Agreement, the Bank, without notice,
advertisement, demand for payment or any other formality (all of which are
hereby waived), may sell by public or private sale or otherwise deal with the
securities in such manner as it thinks fit and may hold the proceeds in lieu
of any securities realized and appropriate the same on account of such parts
of the said indebtedness and liability as the Bank thinks fit. All costs and
expenses incurred by the Bank in respect of the securities and the
realization thereof shall be added to the said indebtedness and liability and
shall be a first charge upon the moneys received.
3. The Bank shall not be bound to realize any of the securities or to allow
any of the securities to be sold and shall not be responsible for any loss
occasioned by any sale or failure to sell or enforce any of the securities;
and the Bank shall not be bound to protest any of the securities nor to
perform any act to prevent prescription thereof nor to protect any of the
securities from depreciating in value or becoming worthless; and the Bank
shall not be bound to examine lists of drawn or redeemed bonds or notices
relating to coupons or dividends nor to advise the Undersigned of the expiry
of rights or warrants in connection with any of the securities.
4. The Bank shall not be bound to collect any interest, dividends, income
or revenue payable in respect of any of the securities but all such interest,
dividends, income or revenue, if received by the Undersigned, shall forthwith
be paid to the Bank.
5. The Bank may grant extensions, take and give up securities, accept
compositions, grant releases and discharges and otherwise deal with the
securities and all parties thereto as the Bank, thinks fit without affecting
the said indebtedness and liability of the Undersigned or the Customer to the
Bank and without prejudice to the rights of the Bank in respect of the
securities.
6. The Bank may have any of the securities registered in its name or in
the name of its nominee, and shall be entitled but not bound or required to
vote in respect of the securities at any meeting at which the holder thereof
is entitled to vote and, generally, to exercise any of the rights which the
holder of the securities may at any time have; but the Bank shall not be
responsible for any loss occasioned by the exercise of any of such rights or
by failure to exercise the same within the time limited for the exercise
thereof.
7. Where any of the securities consists of an unaccepted ▇▇▇▇, all present
and future claims of the Undersigned against the drawee and others to the
extent of the amount of such ▇▇▇▇ are hereby assigned to the Bank.
8. The Undersigned hereby irrevocably constitutes and appoints any officer
of the Bank the true and lawful attorney of the Undersigned in the name and
on behalf of the Undersigned from time to time to endorse and transfer to the
Bank or its nominee any of the securities which may require endorsement or
transfer, in order that full title to the same may be vested in the Bank or its
nominee.
IN WITNESS WHEREOF this Agreement has been executed under seal at
this 4th day of May , 19 99
-------------------- ------------- ------------ ------
/s/ ▇▇▇▇ ▇. ▇▇▇▇
------------------------------------
▇▇▇▇ ▇. ▇▇▇▇
WITNESS:
/s/ Illegible
---------------------------------
DATE RECEIVED
_____________
RECORDED_____
APPROVED_____
E.O.
AUDITOR______
Hypothecation -- Special
IT IS HEREBY AGREED between the Undersigned and THE BANK OF NOVA
SCOTIA (hereinafter called "the Bank") as follows:
a and b are alternatives. Strike out whichever is inappropriate.
1. All bonds, debentures, shares, bills, notes, lien notes, gold
certificates and other securities and instruments whatsoever heretofore
a or hereafter lodged with the Bank in the vault or safe of the Bank or, if
deemed appropriate by the Bank, in uncertificated form using the services
of any recognized clearing corporation, by or on behalf of the
Undersigned
The following securities now lodged with the Bank in the vault or
safe of the Bank, or, if deemed appropriate by the Bank, in uncertificated
form using the services of any recognized clearing corporation, by or on
behalf of the Undersigned:
550,000 Common Shares of Revenue Properties Company Limited
-------------------------------------------------------------------------
b -------------------------------------------------------------------------
-------------------------------------------------------------------------
Stroke through space if only account of Undersigned to be secured.
and any renewals thereof, substitutions therefor and proceeds thereof
and all interest, dividends, income and revenue therefrom (hereinafter
collectively called "the securities") shall be held by the Bank as
security for the payment to the Bank of the present and future
indebtedness and liability of the Undersigned and any of them and of _______
_________________________________________ (hereinafter called "the Customer").
2. If default is made in payment of any such indebtedness or liability or
if, before payment is due, the value of any of the securities in the opinion
of the Bank, has depreciated and further securities of sufficient value, in
the opinion of the Bank, to cover such depreciation in value have not been
lodged with the Bank under this Agreement, the Bank, without notice,
advertisement, demand for payment or any other formality (all of which are
hereby waived), may sell by public or private sale or otherwise deal with the
securities in such manner as it thinks fit and may hold the proceeds in lieu
of any securities realized and appropriate the same on account of such parts
of the said indebtedness and liability as the Bank thinks fit. All costs and
expenses incurred by the Bank in respect of the securities and the
realization thereof shall be added to the said indebtedness and liability and
shall be a first charge upon the moneys received.
3. The Bank shall not be bound to realize any of the securities or to allow
any of the securities to be sold and shall not be responsible for any loss
occasioned by any sale or failure to sell or enforce any of the securities;
and the Bank shall not be bound to protest any of the securities nor to
perform any act to prevent prescription thereof nor to protect any of the
securities from depreciating in value or becoming worthless; and the Bank
shall not be bound to examine lists of drawn or redeemed bonds or notices
relating to coupons or dividends nor to advise the Undersigned of the expiry
of rights or warrants in connection with any of the securities.
4. The Bank shall not be bound to collect any interest, dividends, income
or revenue payable in respect of any of the securities but all such interest,
dividends, income or revenue, if received by the Undersigned, shall forthwith
be paid to the Bank.
5. The Bank may grant extensions, take and give up securities, accept
compositions, grant releases and discharges and otherwise deal with the
securities and all parties thereto as the Bank, thinks fit without affecting
the said indebtedness and liability of the Undersigned or the Customer to the
Bank and without prejudice to the rights of the Bank in respect of the
securities.
6. The Bank may have any of the securities registered in its name or in
the name of its nominee, and shall be entitled but not bound or required to
vote in respect of the securities at any meeting at which the holder thereof
is entitled to vote and, generally, to exercise any of the rights which the
holder of the securities may at any time have; but the Bank shall not be
responsible for any loss occasioned by the exercise of any of such rights or
by failure to exercise the same within the time limited for the exercise
thereof.
7. Where any of the securities consists of an unaccepted ▇▇▇▇, all present
and future claims of the Undersigned against the drawee and others to the
extent of the amount of such ▇▇▇▇ are hereby assigned to the Bank.
8. The Undersigned hereby irrevocably constitutes and appoints any officer
of the Bank the true and lawful attorney of the Undersigned in the name and
on behalf of the Undersigned from time to time to endorse and transfer to the
Bank or its nominee any of the securities which may require endorsement or
transfer, in order that full title to the same may be vested in the Bank or its
nominee.
IN WITNESS WHEREOF this Agreement has been executed under seal at
Toronto, Ontario this 5th day of May , 19 99
-------------------- ------------- ------------ ------
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇
------------------------------------
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇
WITNESS:
/s/ Illegible
---------------------------------
DATE RECEIVED
_____________
RECORDED_____
APPROVED_____
E.O.
AUDITOR______
POWER OF ATTORNEY
TO TRANSFER SECURITIES
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers to
_______________________________________________________________________________
NAME OF TRANSFEREE:
of ____________________________________________________________________________
ADDRESS
the following securities:
Complete (a) OR (b) which ever is applicable
(a) 550,000 Common Shares share
---------------------------------------------------------------------
NUMBER OF SHARES AND CLASS:
REVENUE PROPERTIES COMPANY LIMITED
-------------------------------------------------------------------------------
NAME OF ISSUER:
OR
(b) $____________________ __________ % _______________________________________
DESCRIPTION OF BONDS, DEBENTURE NOTES,
CERTIFICATES OF DEPOSIT
_______________________________________________________________________________
OTHER SECURITIES AND NAME OF ISSUER:
standing in the name of the undersigned and hereby irrevocably appoints _______
_______________________________________________________________________________
THIS SPACE SHOULD BE LEFT BLANK:
the attorney of the undersigned to transfer the said securities on the books
of the said issuer with full power substitution.
______________________________________
DATE
Witness by
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇
-------------------------------------- ----------------------------------------
SIGNATURE OF WITNESS: SIGNATURE OF TRANSFEROR:
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇
Signature of Transferor is hereby guaranteed by
Hypothecation -- Special
IT IS HEREBY AGREED between the Undersigned and THE BANK OF NOVA
SCOTIA (hereinafter called "the Bank") as follows:
a and b are alternatives. Strike out whichever is inappropriate.
1. All bonds, debentures, shares, bills, notes, lien notes, gold
certificates and other securities and instruments whatsoever heretofore
a or hereafter lodged with the Bank in the vault or safe of the Bank or, if
deemed appropriate by the Bank, in uncertificated form using the services
of any recognized clearing corporation, by or on behalf of the
Undersigned
The following securities now lodged with the Bank in the vault or
safe of the Bank, or, if deemed appropriate by the Bank, in uncertificated
form using the services of any recognized clearing corporation, by or on
behalf of the Undersigned:
550,000 Common Shares of Revenue Properties Company Limited
-------------------------------------------------------------------------
b -------------------------------------------------------------------------
-------------------------------------------------------------------------
Stroke through space if only account of Undersigned to be secured.
and any renewals thereof, substitutions therefor and proceeds thereof
and all interest, dividends, income and revenue therefrom (hereinafter
collectively called "the securities") shall be held by the Bank as
security for the payment to the Bank of the present and future
indebtedness and liability of the Undersigned and any of them and of ________
_________________________________________ (hereinafter called "the Customer").
2. If default is made in payment of any such indebtedness or liability or
if, before payment is due, the value of any of the securities in the opinion
of the Bank, has depreciated and further securities of sufficient value, in
the opinion of the Bank, to cover such depreciation in value have not been
lodged with the Bank under this Agreement, the Bank, without notice,
advertisement, demand for payment or any other formality (all of which are
hereby waived), may sell by public or private sale or otherwise deal with the
securities in such manner as it thinks fit and may hold the proceeds in lieu
of any securities realized and appropriate the same on account of such parts
of the said indebtedness and liability as the Bank thinks fit. All costs and
expenses incurred by the Bank in respect of the securities and the
realization thereof shall be added to the said indebtedness and liability and
shall be a first charge upon the moneys received.
3. The Bank shall not be bound to realize any of the securities or to allow
any of the securities to be sold and shall not be responsible for any loss
occasioned by any sale or failure to sell or enforce any of the securities;
and the Bank shall not be bound to protest any of the securities nor to
perform any act to prevent prescription thereof nor to protect any of the
securities from depreciating in value or becoming worthless; and the Bank
shall not be bound to examine lists of drawn or redeemed bonds or notices
relating to coupons or dividends nor to advise the Undersigned of the expiry
of rights or warrants in connection with any of the securities.
4. The Bank shall not be bound to collect any interest, dividends, income
or revenue payable in respect of any of the securities but all such interest,
dividends, income or revenue, if received by the Undersigned, shall forthwith
be paid to the Bank.
5. The Bank may grant extensions, take and give up securities, accept
compositions, grant releases and discharges and otherwise deal with the
securities and all parties thereto as the Bank, thinks fit without affecting
the said indebtedness and liability of the Undersigned or the Customer to the
Bank and without prejudice to the rights of the Bank in respect of the
securities.
6. The Bank may have any of the securities registered in its name or in
the name of its nominee, and shall be entitled but not bound or required to
vote in respect of the securities at any meeting at which the holder thereof
is entitled to vote and, generally, to exercise any of the rights which the
holder of the securities may at any time have; but the Bank shall not be
responsible for any loss occasioned by the exercise of any of such rights or
by failure to exercise the same within the time limited for the exercise
thereof.
7. Where any of the securities consists of an unaccepted ▇▇▇▇, all present
and future claims of the Undersigned against the drawee and others to the
extent of the amount of such ▇▇▇▇ are hereby assigned to the Bank.
8. The Undersigned hereby irrevocably constitutes and appoints any officer
of the Bank the true and lawful attorney of the Undersigned in the name and
on behalf of the Undersigned from time to time to endorse and transfer to the
Bank or its nominee any of the securities which may require endorsement or
transfer, in order that full title to the same may be vested in the Bank or its
nominee.
IN WITNESS WHEREOF this Agreement has been executed under seal at
Toronto, Ontario this 5th day of May , 19 99
-------------------- ------------- ------------ ------
/s/ ▇▇▇▇▇▇▇ Eton Tanz
------------------------------------
▇▇▇▇▇▇▇ ETON TANZ
WITNESS:
/s/ Illegible
---------------------------------
DATE RECEIVED
_____________
RECORDED_____
APPROVED_____
E.O.
AUDITOR______
POWER OF ATTORNEY
TO TRANSFER SECURITIES
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers to
_______________________________________________________________________________
NAME OF TRANSFEREE:
of ____________________________________________________________________________
ADDRESS
the following securities:
Complete (a) OR (b) which ever is applicable
(a) 550,000 Common Shares share
---------------------------------------------------------------------
NUMBER OF SHARES AND CLASS:
REVENUE PROPERTIES COMPANY LIMITED
-------------------------------------------------------------------------------
NAME OF ISSUER:
OR
(b) $____________________ __________ % _______________________________________
DESCRIPTION OF BONDS, DEBENTURE NOTES,
CERTIFICATES OF DEPOSIT
_______________________________________________________________________________
OTHER SECURITIES AND NAME OF ISSUER:
standing in the name of the undersigned and hereby irrevocably appoints _______
_______________________________________________________________________________
THIS SPACE SHOULD BE LEFT BLANK:
the attorney of the undersigned to transfer the said securities on the books
of the said issuer with full power substitution.
______________________________________
DATE
Witness by
/s/ ▇▇▇▇▇▇▇ Eton Tanz
-------------------------------------- ----------------------------------------
SIGNATURE OF WITNESS: SIGNATURE OF TRANSFEROR:
▇▇▇▇▇▇▇ ETON TANZ
Signature of Transferor is hereby guaranteed by
Hypothecation -- Special
IT IS HEREBY AGREED between the Undersigned and THE BANK OF NOVA
SCOTIA (hereinafter called "the Bank") as follows:
a and b are alternatives. Strike out whichever is inappropriate.
1. All bonds, debentures, shares, bills, notes, lien notes, gold
certificates and other securities and instruments whatsoever heretofore
a or hereafter lodged with the Bank in the vault or safe of the Bank or, if
deemed appropriate by the Bank, in uncertificated form using the services
of any recognized clearing corporation, by or on behalf of the
Undersigned
The following securities now lodged with the Bank in the vault or
safe of the Bank, or, if deemed appropriate by the Bank, in uncertificated
form using the services of any recognized clearing corporation, by or on
behalf of the Undersigned:
660,000 Common Shares of Revenue Properties Company Limited
-------------------------------------------------------------------------
b -------------------------------------------------------------------------
-------------------------------------------------------------------------
Stroke through space if only account of Undersigned to be secured.
and any renewals thereof, substitutions therefor and proceeds thereof
and all interest, dividends, income and revenue therefrom (hereinafter
collectively called "the securities") shall be held by the Bank as
security for the payment to the Bank of the present and future
indebtedness and liability of the Undersigned and any of them and of ________
_________________________________________ (hereinafter called "the Customer").
2. If default is made in payment of any such indebtedness or liability or
if, before payment is due, the value of any of the securities in the opinion
of the Bank, has depreciated and further securities of sufficient value, in
the opinion of the Bank, to cover such depreciation in value have not been
lodged with the Bank under this Agreement, the Bank, without notice,
advertisement, demand for payment or any other formality (all of which are
hereby waived), may sell by public or private sale or otherwise deal with the
securities in such manner as it thinks fit and may hold the proceeds in lieu
of any securities realized and appropriate the same on account of such parts
of the said indebtedness and liability as the Bank thinks fit. All costs and
expenses incurred by the Bank in respect of the securities and the
realization thereof shall be added to the said indebtedness and liability and
shall be a first charge upon the moneys received.
3. The Bank shall not be bound to realize any of the securities or to allow
any of the securities to be sold and shall not be responsible for any loss
occasioned by any sale or failure to sell or enforce any of the securities;
and the Bank shall not be bound to protest any of the securities nor to
perform any act to prevent prescription thereof nor to protect any of the
securities from depreciating in value or becoming worthless; and the Bank
shall not be bound to examine lists of drawn or redeemed bonds or notices
relating to coupons or dividends nor to advise the Undersigned of the expiry
of rights or warrants in connection with any of the securities.
4. The Bank shall not be bound to collect any interest, dividends, income
or revenue payable in respect of any of the securities but all such interest,
dividends, income or revenue, if received by the Undersigned, shall forthwith
be paid to the Bank.
5. The Bank may grant extensions, take and give up securities, accept
compositions, grant releases and discharges and otherwise deal with the
securities and all parties thereto as the Bank, thinks fit without affecting
the said indebtedness and liability of the Undersigned or the Customer to the
Bank and without prejudice to the rights of the Bank in respect of the
securities.
6. The Bank may have any of the securities registered in its name or in
the name of its nominee, and shall be entitled but not bound or required to
vote in respect of the securities at any meeting at which the holder thereof
is entitled to vote and, generally, to exercise any of the rights which the
holder of the securities may at any time have; but the Bank shall not be
responsible for any loss occasioned by the exercise of any of such rights or
by failure to exercise the same within the time limited for the exercise
thereof.
7. Where any of the securities consists of an unaccepted ▇▇▇▇, all present
and future claims of the Undersigned against the drawee and others to the
extent of the amount of such ▇▇▇▇ are hereby assigned to the Bank.
8. The Undersigned hereby irrevocably constitutes and appoints any officer
of the Bank the true and lawful attorney of the Undersigned in the name and
on behalf of the Undersigned from time to time to endorse and transfer to the
Bank or its nominee any of the securities which may require endorsement or
transfer, in order that full title to the same may be vested in the Bank or its
nominee.
IN WITNESS WHEREOF this Agreement has been executed under seal at
Toronto, Ontario this 5th day of May , 19 99
-------------------- ------------- ------------ ------
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
------------------------------------
▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
WITNESS:
/s/ Illegible
---------------------------------
DATE RECEIVED
_____________
RECORDED_____
APPROVED_____
E.O.
AUDITOR______
POWER OF ATTORNEY
TO TRANSFER SECURITIES
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers to
_______________________________________________________________________________
NAME OF TRANSFEREE:
of ____________________________________________________________________________
ADDRESS
the following securities:
Complete (a) OR (b) which ever is applicable
(a) 660,000 Common Shares share
---------------------------------------------------------------------
NUMBER OF SHARES AND CLASS:
REVENUE PROPERTIES COMPANY LIMITED
-------------------------------------------------------------------------------
NAME OF ISSUER:
OR
(b) $____________________ __________ % _______________________________________
DESCRIPTION OF BONDS, DEBENTURE NOTES,
CERTIFICATES OF DEPOSIT
_______________________________________________________________________________
OTHER SECURITIES AND NAME OF ISSUER:
standing in the name of the undersigned and hereby irrevocably appoints _______
_______________________________________________________________________________
THIS SPACE SHOULD BE LEFT BLANK:
the attorney of the undersigned to transfer the said securities on the books
of the said issuer with full power substitution.
______________________________________
DATE
Witness by
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
-------------------------------------- ----------------------------------------
SIGNATURE OF WITNESS: SIGNATURE OF TRANSFEROR:
▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
Signature of Transferor is hereby guaranteed by