- Investec Bank PLC (The "Bank")
The chargor, as continuing security for the payment, discharge and performance of all the secured obligations in relation to all of the following assets whether now or in future belonging to the chargor hereby, in each case with full title guarantee:. (A) fixed charges: charges to the bank by way of separate fixed charges:. (I) by way of legal mortgage each property specified in schedule 2 to the debenture which is set opposite its name;. (Ii) by way of equitable mortgage its real property, other than the property or properties specified in schedule 2 to the debenture;. (Iii) all its plant and machinery listed in schedule 3 to the debenture and the benefit of all its rights and claims against any person in respect of the design, construction, repair or replacement of the same;. (Iv) all its goodwill, unpaid and/or uncalled capital;. (V) all its intellectual property;. (Vi) all its securities;. (Vii) all loan capital, indebtedness or liabilities on any account or in any manner owing to it from any member of the chargor’s group;. (Viii) all amounts realised by an administrator or liquidator of the chargor upon enforcement or execution of any order of the court under part vi of the insolvency act 1986;. (ix) all its documents of title which at any time and for any purpose have been or may be deposited with the bank and the property mentioned in such documents;. (X) all of its non-vesting receivables to the extent not effectively assigned by way of security under clause 3.1(c) of the debenture;. (Xi) all associated rights pertaining to its non-vesting receivables;. (Xii) all of its other receivables;. (Xiii) all associated rights pertaining to its other receivables;. (Xiv) all monies in the accounts specified in clause 4.2(a) of the debenture and in any other account in the name of the chargor under the control of or operated in accordance with the directions of the bank.. (B) floating charge: charges to the bank by way of a floating charge all of its undertaking, property, rights and assets whatsoever and wheresoever, both present and future (including to the extent that any of such undertaking, property, rights and assets are not effectively charged from time to time by any of the above fixed charges or assigned by way of security under clause 3.1(c)) of the debenture;. (C) assignments by way of security: assigns and agrees to assign by way of security to the bank all its rights, title and interest in and to:. (I) the benefits arising under the insurances;. (Ii) the non-vesting receivables; and. (Iii) any contracts relating to or benefitting any of the charged assets (to the extent that such contract is not prohibited by its terms from being charged and/or assigned under the debenture) .. for definitions please see clause 1.1 and 1.2 of the debenture.. 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.