This debentures and trust deed template has 16 pages and is a MS Word file type listed under our finance & accounting documents.
Sample of our debentures and trust deed template:
DEBENTURES AND TRUST DEED This Debentures and Trust Deed (the "Agreement") is effective [DATE], BETWEEN: [FIRST PARTY] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY] (the "Trustee"), an individual with his/her main address located at: [COMPLETE ADDRESS] BEFORE [SPECIFY INDIVIDUAL NAME] the undersigned Notary for the [STATE/PROVINCE], practicing in the City of [SPECIFY], District of [SPECIFY]. WHICH [COMPANY NAME] DECLARED UNTO THE UNDERSIGNED NOTARY AS FOLLOWS: WHEREAS the Company wishes to issue Series A, Series B, Series C and Series D Debentures which shall be constituted by the present Trust Deed of Hypothec, Mortgage and Pledge and secured in the manner hereinafter appearing; and WHEREAS the Company is duly authorized to create and issue the Series A, Series B, Series C and Series D Debentures as hereinafter provided and to secure the Debentures by the present Trust Deed of Hypothec, Mortgage and Pledge; and WHEREAS all things necessary have been done and performed to make the Series A, Series B, Series C and Series D Debentures, when certified by the Trustee and issued as in this Trust Deed provided, valid, binding and legal obligations of the Company and to constitute this Trust Deed as valid security for the payment of the principal of, and interest and premium, if any, on all Series A, Series B, Series C and Series D Debentures issued hereunder; and WHEREAS the execution of this Trust Deed and the issue of Series A, Series B, Series C and Series D Debentures subject to the terms hereof have in all respects been duly authorized. NOW, THEREFORE, THE PARTIES HERETO HAVE AGREED WITH EACH OTHER AND HAVE DECLARED UNTO THE UNDERSIGNED NOTARY AS FOLLOWS: INTERPRETATION Meaning of Words The following words and phrases, wherever used in this Trust Deed, in its preamble or in its schedules, or in any deed supplementary hereto, shall, unless there be something in the context inconsistent therewith, have the following meanings: "Company" means the Party of the First Part and any successor company which shall have complied with the provisions hereof; "Creditors" means [INDIVIDUAL NAME], [INDIVIDUAL NAME], [INDIVIDUAL NAME] and [INDIVIDUAL NAME] and any successors or assigns thereof; "Debentures" means the Series A, Series B, Series C and Series D Debentures issued hereunder; "Debenture holders' Instrument" shall have the meaning set forth in Section 13.2 herein; "Mortgaged Premises" or "Mortgaged Property" means and includes all the undertaking of the Company and all its present and future property, rights, interest, title, rights in property and assets (including, without limitation, any uncalled capital) now owned or hereafter acquired of whatever nature and kind and wheresoever situated, which is or may at any time be subject to the lien hereof or which may be intended to be subject to the lien hereof to secure payment of the moneys payable hereunder and under the Debentures; "Trustee" means the Party of the Second Part or its successors in the trust hereby created; "Trustee's Indemnification" means sufficient funds, in the opinion of the Trustee, to commence, continue and carry out any act, action or proceeding and an indemnity satisfactory to the Trustee to protect and hold harmless the Trustee from and against all costs, charges, expenses and liabilities that it might incur as a result of any such act, action or proceeding and any loss and damage it may sustain by reason thereof. Governing Law This Deed and the Debentures and the interpretation and enforcement thereof shall be governed by and in accordance with the laws of the Province of [STATE/PROVINCE]. No Deemed Reinvestment of Interest The principle of deemed reinvestment of interest shall not apply to the determination of any annual rate of interest or interest determination or computation under the terms of this Deed or the Debentures and all such determinations and computations shall be made on the basis of the nominal rates of interest provided herein or in the Debentures. FORM AND ISSUE OF DEBENTURES Limitation of Issue The Series A, Series B, Series C and Series D Debentures to be issued under and secured by this Deed are limited to an aggregate principal amount of [AMOUNT] in lawful money of [COUNTRY], and shall be designated [PERCENTAGE %] Demand Debentures. Form of Debentures The Debentures and the certificate of the Trustee shall be respectively substantially of the tenor and in the form set forth in the First Schedule of this Trust Deed, with such omissions, insertions and variations as are in this Trust Deed provided or permitted, shall be issued as fully registered Debentures without coupons, may be issued in any denominations and shall bear the respective dates given to them by the Company. The Debentures shall be payable on demand as set forth in Article [NUMBER] hereof and shall bear interest before and after default, payable on demand, from their date, at the rate of [PERCENTAGE] percent per annum, calculated half yearly and not in advance, with interest on all overdue interest calculated daily at the same rate from the due date until the date of payment. Payment in Legal Tender The principal of and interest on the Debentures shall be payable in lawful money of [COUNTRY] at par to the registered holder of the Debentures at the address in [COUNTRY] given to the Trustee from time to time by the Debenture holder. Signature of Debentures All Debentures issued hereunder shall be signed by any [NUMBER] director or officer of the Company acting alone. Type When any of the Debentures are to be issued hereunder, the Company shall, without unreasonable delay, cause to be prepared, executed and delivered to the Trustee definitive Debentures which may be typewritten or otherwise mechanically reproduced. Delivery All Debentures may from time to time after the execution of this Deed be issued by the Company and be certified by or on behalf of the Trustee and shall be delivered by the Trustee to or to the order of the Company, from time to time upon receipt by the Trustee of an order or orders in writing signed by any [NUMBER] director or officer of the Company acting alone. Certification No Debenture shall be issued, or if issued, shall be obligatory or shall entitle the holder to the benefit of the security of these presents or the benefit of the trusts hereunder until it has been certified by or on the behalf of the Trustee, and such certification by the Trustee upon any such Debentures shall be conclusive evidence that the Debentures so certified have been duly issued hereunder and that the holder thereof is entitled to the benefit of the security and trusts under these presents. The certificate of the Trustee signed on the Debentures issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity or security of this Deed or of the said Debentures, and the Trustee shall in no respect be liable or answerable for the use made of said Debentures or any of them or the proceeds thereof. Consideration, Issue and Rank The Debentures may be issued for such price or consideration as shall be determined by the Directors or, at the discretion of the Directors, may be pledged, hypothecated or charged from time to time by the Company to provide security for the payment of present or future indebtedness or other obligations present or future of the Company provided, however, that any Debentures so pledged, hypothecated or charged shall not be deemed to be redeemed by reason of the account of the Company having ceased to be indebted while the Debentures remain so pledged, hypothecated or charged.
