Fixed Charge Agreement definition
Examples of Fixed Charge Agreement in a sentence
The provisions of the Fixed Charge Agreement shall, save as amended by this Agreement, continue in full force and effect.
The provisions of clause 7 (Remedies and waivers), clause 8 (Severability), clause 12 (Notices) and clause 14 (Jurisdiction) of the Fixed Charge Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.
The Chargor hereby confirms for the benefit of the Collateral Agent (in its capacity as collateral agent for the benefit of the Secured Parties) that it approves the terms of and the transactions contemplated by the Fixed Charge Agreement and ratifies, acknowledges and confirms the terms thereof and except as otherwise modified herein, the Fixed Charge Agreement shall continue in full force and effect in accordance with the terms hereof and thereof, which terms are incorporated herein by reference.
Unless otherwise defined in this Deed, terms capitalized herein shall have the meanings assigned to them in the Amended and Restated Credit Agreement, and where not defined therein, shall have the meanings assigned to them in the Fixed Charge Agreement, as applicable.
In the event of any inconsistency or conflict between the terms of the Fixed Charge Agreement and the Amended and Restated Credit Agreement, the Amended and Restated Credit Agreement shall govern in all cases.
Unless otherwise defined in this Deed, terms defined in the Fixed Charge Agreement shall have the same meaning when used in this Deed.
The Lender may set-off any obligation owed to them by the Company under this Agreement, the Floating Charge Agreement, the Fixed Charge Agreement or the Warrant (together, the “Transaction Documents”) against any obligation owed by the Lender to the Company, regardless of the place of payment, booking branch or currency of either obligation, upon giving the Company seven (7) days’ prior written notice.
The provisions of clause 5 (Enforcement), clause 7 (Remedies and waivers), clause 8 (Severability), clause 12 (Notices) and clause 14 (Jurisdiction) of the Original Fixed Charge Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.
Delivery of an executed counterpart of a signature page of this 2021 Floating and Fixed Charge Agreement by facsimile or other electronic imaging (i.e. “pdf” or “tif”) shall be effective as delivery of a manually executed counterpart of this 2021 Floating and Fixed Charge Agreement.
For clarity, any reference to the Indenture incorporated herein shall be construed as reference to the New Indenture only and any term defined in the Exiting Floating and Fixed Charge Agreement by reference to the Indenture shall be deemed to refer to the New Indenture.