Template:Nutshell 2018 CSD 8(a): Difference between revisions

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:(i) '''General'''. <br>
 
::(A) For the purposes of all powers implied by statute, the {{imcsdprov|Obligations}} are deemed to have become due and payable on the date of this Deed. <br>
 
::(B) Section 103 (restricting the power of sale) and section 93 (restricting the right of consolidation) of the Act shall not apply to this Deed. <br>
 
:(ii) '''{{imcsdprov|Secured Party’s Rights}}'''. If at any time a {{imcsdprov|Secured Party Rights Event}} has occurred and is continuing, then, unless the {{imcsdprov|Chargor}} has paid in full all of its {{imcsdprov|Obligations}}, the {{imcsdprov|Secured Party}} shall, without prior notice to the {{imcsdprov|Chargor}}, be entitled to put into force and to exercise immediately or as and when it may see fit any and every power possessed by the {{imcsdprov|Secured Party}} by virtue of this {{imcsdprov|Deed}} or available to a secured creditor and in particular (but without limitation) the {{imcsdprov|Secured Party}} shall have power in respect of {{imcsdprov|Posted Credit Support (IM)}}:
::(A) to sell all or any of the {{imcsdprov|Posted Credit Support (IM)}} (other than {{imcsdprov|Posted Credit Support (IM)}} in the form of cash) in any manner permitted by law upon such terms as the {{imcsdprov|Secured Party}} shall in its absolute discretion determine;
::(B) to apply all or any of the {{imcsdprov|Posted Credit Support (IM)}} in the form of cash in or towards the payment or discharge of any amounts payable by the {{imcsdprov|Chargor}} with respect to any Obligation in such order as the {{imcsdprov|Secured Party}} sees fit;
::(C) to the extent that the assets charged under this Deed constitute "financial collateral" and this Deed and the obligations of the {{imcsdprov|Chargor}} under this Deed constitute a "security financial collateral arrangement" (in each case for the purpose of and as defined in the Financial Collateral Arrangements (No. 2) {{imcsdprov|Regulations}} 2003) (the “'''{{imcsdprov|Regulations}}'''”), to appropriate all or any part of that financial collateral in or towards the satisfaction of the {{imcsdprov|Obligations}} in such order as the {{imcsdprov|Secured Party}} sees fit; and
::(D) to collect, recover or compromise and to give a good discharge for any moneys payable to the {{imcsdprov|Chargor}} in respect of any of the {{imcsdprov|Posted Credit Support (IM)}};
:and for the purposes of this Paragraph {{imcsdprov|8(a}}) the {{imcsdprov|Secured Party}} shall be entitled to make any currency conversions or effect any transaction in currencies which it thinks fit, and to do so at such times and rates as it thinks proper. <br>
:(iii) '''{{imcsdprov|Power of Attorney}}'''. The {{imcsdprov|Chargor}}, by way of security and solely for the purpose of more fully securing the performance of the {{imcsdprov|Obligations}}, irrevocably appoints the {{imcsdprov|Secured Party}} the attorney of the {{imcsdprov|Chargor}} on its behalf and in the name of the {{imcsdprov|Chargor}} or the {{imcsdprov|Secured Party}} (as the attorney may decide) to do all acts, and execute all documents which the {{imcsdprov|Chargor}} could itself execute, in relation to any of the {{imcsdprov|Posted Credit Support (IM)}} or in connection with any of the matters provided for in this Deed, including (but without limitation): <br>
::(A) to execute any transfer, bill of sale or other assurance in respect of the {{imcsdprov|Posted Credit Support (IM)}}; <br>
::(B) to exercise all the rights and powers of the {{imcsdprov|Chargor}} in respect of the {{imcsdprov|Posted Credit Support (IM)}}; <br>
::(C) to ask, require, demand, receive, compound and give a good discharge for any and all moneys and claims for moneys due and to become due under or arising out of any of the {{imcsdprov|Posted Credit Support (IM)}}; <br>
::(D) to endorse any cheques or other instruments or orders in connection with any of the {{imcsdprov|Posted Credit Support (IM)}}; and <br>
::(E) to make any claims or to take any action or to institute any proceedings which the {{imcsdprov|Secured Party}} considers to be necessary or advisable to protect or enforce the security interest created by this Deed. <br>
:(iv) '''{{imcsdprov|Protection of Purchaser}}'''. <br>
:(iv) '''{{imcsdprov|Protection of Purchaser}}'''. <br>
::(A) No purchaser or other person dealing with the {{imcsdprov|Secured Party}} or a {{imcsdprov|Receiver}} or with its attorney or agent shall be concerned to enquire (1) whether any power exercised or purported to be exercised by the {{imcsdprov|Secured Party}} has become exercisable, (2) whether any {{isdaprov|Obligation}} remains due, (3) as to the propriety or regularity of any of the actions of the {{imcsdprov|Secured Party}} or (4) as to the application of any money paid to the {{imcsdprov|Secured Party}}. <br>
::(A) No purchaser or other person dealing with the {{imcsdprov|Secured Party}} or a {{imcsdprov|Receiver}} or with its attorney or agent shall be concerned to enquire (1) whether any power exercised or purported to be exercised by the {{imcsdprov|Secured Party}} has become exercisable, (2) whether any {{isdaprov|Obligation}} remains due, (3) as to the propriety or regularity of any of the actions of the {{imcsdprov|Secured Party}} or (4) as to the application of any money paid to the {{imcsdprov|Secured Party}}. <br>