Persons entitled
- Bank of America, National Association(In Its Capacity as Pre-Petition Agent and Post-Petition Agent for the Pre-Petition Lenders Andpost-Petition Lenders Respectively)
Amount secured
In favour of the chargee (a) (I) the payment and performance of the borrower's (as defined) obligations under the post-petition credit agreement, including, without limitation, the repayment of loans (as defined in the post-petition credit agreement); (ii) the repayment of the designated post-petition loans (as defined in the post-petition credit agreement); and (iii) the repayment of the adequate protection obligations (as defined in the financing orders (as defined in the post-petition credit agreement)); and (b) all advances, costs, charges, and expenses, including reasonable attorneys' fees, incurred or paid by any secured party in exercising any right, power or remedy conferred by the debenture or in the enforcement thereof which advances, costs, charges and expenses shall be paid to the post-petition agent or the pre-petition agent respectively for the benefit of the relevant secured party by the company immeadiately upon demand therefor, with interest thereon until paid in full at the default rate (as defined in the post-petition credit agreement) for base rate loans (as defined in the post-petition credit agreement)
Short particulars
By way of first legal mortgage (a) all the properties specified in schedule 1 to the debenture together with all buildings and fixtures (as defined in this form) thereon; all plant and machinery and equipment; goodwill and uncalled capital.. See the mortgage charge document for full details.