Persons entitled
- Eurobank S.A.
Brief description
As security for the payment of the outstanding indebtedness and the performance of and compliance with all the terms, conditions and obligations of the obligors contained in the finance documents, the borrower with full title guarantee assigns and agrees to assign to the security agent absolutely all its rights, title and interest, both present and future, in and to the assigned property (all of which the borrower warrants that it has not assigned, mortgaged, charged or otherwise encumbered or disposed of to any other person), provided that each security interest created in respect of any part of the assigned property by this clause 2 is a separate and distinct security interest and if any such security interest is categorised as a floating charge that shall not result in the security interest over any other part of the assigned property being so categorised. Paragraph 14 of schedule B1 to the insolvency act 1986 shall apply to any charge created by this assignment which is so categorised as a floating charge.. Assigned property means all of the borrower's present and future rights, title and interests which the borrower has to, in or in connection with:. (A) the assigned hedging agreement rights; and. (B) the hedging agreement receipts.. Hedging agreement receipts means all amounts whatsoever which are now or may later become payable actually or contingently to the borrower under or in connection with the hedging agreement (after and without prejudice to any settlement or close out netting catered for in the hedging agreement).. Assigned hedging agreement rights means all of the borrower's present and future rights, title and interests in, to, under or in connection with the hedging agreement or in relation to any matter arising out of or in connection with the hedging agreement, including, but without limitation:. (A) all rights and interests relating to any amount of any kind payable under the terms of the hedging agreement;. (B) all rights to commence, conduct, defend, compromise or abandon any legal or arbitration proceedings relating to the hedging agreement or to any matter arising out of or in connection with the hedging agreement; and. (C) all rights to damages, interest, costs or other sums payable under any judgment or order of any court, or any arbitration award, relating to the hedging agreement or to any matter arising out of or in connection with the hedging agreement,. (After and without prejudice to any settlement or close out netting catered for in the hedging agreement).