Persons entitled
- Carrington Carr Holdings Limited
Brief description
1. by way of legal mortgage, all the freehold leasehold and commonhold property now vested in or charged to the company. 2. by way of fixed charge:. 2.1 all estates or interests in any freehold and leasehold property now and in the future vested in or charged to the company or in which it is otherwise interested except the property charged by clause 1 above;. 2.2 all present and future book and other debts, monetary claims due or owing to the company, and the benefit of all security , guarantees and other rights of any nature enjoyed or held by the company in relation to any of them ("book debts"), including, but not limited to, the book debts, if any, listed in schedule 2 of the debenture;. 2.3 all present and future rights, licences, guarantees, rents, deposits, contracts, covenants and warranties relating to the properties charged by clause 1 and clause 2.1;. 2.4 all licences, consents and authorisations, statutory or otherwise, held or required in connection with the company's business or the use of any of its assets, property and undertaking and all rights in connection with them;. 2.5 all present and future goodwill and uncalled capital for the time being of the company;. 2.6 all present and future equipment, plant, machinery, tools, vehicles, furniture, fittings, installations and apparatus and other tangible moveable property for the time being owned by the company, including any part of it and all spare parts, replacements, modifications and additions; and. 3. charges to the lender, by way of floating charge, all the undertaking, property, assets and rights of the company at any time not effectively mortgaged, charged or assigned pursuant to clause 1 and clauses 2.1 - 2.6. 4. the floating charge created by clause 3 will automatically and immediately (without notice) be converted into a fixed charge over the relevant assets if:. 4.1 the company:. 4.1.1 without the prior written consent of the lender creates or attempts to create any mortgage, debenture, charge (whether fixed or floating, legal or equitable), pledge, lien, assignment by way of security, or other security interest securing any obligation of any person or any other agreement or arrangement having a similar effect (each "an encumbrance") or any trust in favour of another person over all or any part of the goodwill, undertaking, property, assets, revenues and rights hereby charged (together "the charged property"); or. 4.1.2 disposes or attempts to dispose of all or any part of the charged property (except in the case of property which is subject only to the floating charge which may, while the floating charge remains uncrystallised, be sold at market value in the usual course of trading for the purpose of carrying on the company's business as a going concern); or. 4.2 a receiver is appointed over all or any of the charged property that is subject to the floating charge; or. 4.3 any person levies or attempts to levy any distress, attachment, execution or other process against all or any part of the charged property; or. 4.4 the lender receives notice of the appointment of, or a proposal or an intention to appoint, an administrator of the company.. Notification of addition to or amendment of charge.
Contains fixed charge.
Contains floating charge.
Floating charge covers all the property or undertaking of the company.