프로젝트 파이낸스 강의/제8강(참고자료2)

PF 채권보전장치 및 구조조정

4. FLOATING CHARGE 

4.1 Creation 

The Borrower, as beneficial owner and as continuing security for the payment of all Secured Obligations, charges in favor of the Security Agent (as security agent for itself and the other Secured Prties) by way of first floating charge its undertatking and all its assets, both present and futures (inclyding assets expressed to be charged by Clause 3.1(Charges)) 

4.4 Automatic conversion 

 If: 

  (a) the Borrower takes any step to create any Security in breach of Clause 5.1(Security) over nay of the Charged Assets not subject to a fixed charge; or 

  (b) any person takes any step to effect any expropriation, attachment, sequestration, distress or execution against any of those Charged Assets, 

  the floating Charge over the relevant Charged Assets shall automatically and immediately be converted into a fixed Charge 

16. APPOINTMENT AND RIGHTS OF RECEIVERS 

16.1 Appointment of receivers 

  If: 

  (a) requested by the Borrower; 

  (b) any corporate action, legal proceedings or other procedure or step is taken in relation to the winding-up or insolvency of the Borrower; or 

  (c) the Charges have become enforceable pursuant to Clause 15.1 Enforceability of Security), 

 without any notice or further notice, the Security Agent may, by deed, or otherwise in writing signed by any officer or manager of the Security Agent or any person authorised for this purpose by the Security Agent, appoint one or more persons to be a Receiver....