This deed of hypothec on movables template has 8 pages and is a MS Word file type listed under our legal agreements documents.
Sample of our deed of hypothec on movables template:
DEED OF HYPOTHEC ON MOVABLES This Deed of Hypothec on Movables Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (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: [COMPANY NAME] (the "Creditor"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] WHICH PARTIES AGREE WITH EACH OTHER AS FOLLOWS: INTERPRETATION Definitions All capitalized words and expressions not otherwise defined herein shall have the meanings assigned thereto by the Debenture. All other capitalized words and expressions used in this Deed or in any deed, document or agreement supplemental or ancillary hereto, unless there be something in the subject or the context inconsistent therewith, shall have the following meanings: 1.1.1 "Debenture" means that certain Senior Secured Convertible Debenture dated for reference [DATE] issued by Company in favor of the Creditor in the principal amount of [AMOUNT] lawful money of [COUNTRY], as same may be amended, supplemented or restated from time to time; 1.1.2 "Deed of Hypothec", "this Deed", "this Deed of Hypothec", "these presents", "herein", "hereby", "hereunder" and other similar expressions refer collectively to this Deed of Hypothec, its accompanying schedules as well as any and every deed or other instrument which is supplementary or ancillary hereto or in implementation hereof, the whole as same may be amended, supplemented or restated from time to time; 1.1.3 "Default" means any one of the events specified in Section 8.1, the occurrence or failure to occur of which constitutes, or with the passage of time or the giving of notice or both, would constitute an Event of Default; 1.1.4 "Event of Default" shall have the meaning ascribed to it in Section 8.1; 1.1.5 "Governmental Authority" means any nation or government, any state or other political subdivision thereof and any entity-exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government; 1.1.6 "Hypothecated Property" shall have the meaning ascribed to it in Section 2.1; 1.1.7 "[COUNTRY] Law" means all applicable provisions of statutes, ordinances, decrees, orders in council, rules, regulations, treaties and all applicable determinations, rulings, orders and decrees of Governmental Authorities and arbitrators; "Lien" means any interest in property or the income or profits therefrom securing an obligation owed to, or a claim by, a Person other than the owner (which for the purposes hereof shall include a possessor under a title retention agreement and a lessee under a lease hereinbelow described) of such property, or claim whether such interest is based on common law, civil law, statute or contract, and including, but not limited to, any security interest, hypothec, prior claim, mortgage, pledge, lien, claim, charge, cession, transfer, assignment, encumbrance, title retention agreement, lessor's interest under a lease which would be capitalized on a balance sheet of the owner of such property or analogous instrument in, of, or on any property or the income or profits therefrom of a Person, other than Liens incurred in the ordinary course of business and for the purpose of carrying on same not in connection with the borrowing of money or the obtaining of credit and which do not in the aggregate materially impair the use, the income or profits therefrom, of the property covered thereby in the operation of such Person's business; "Obligations" is the collective reference to all the obligations, present and future, direct and indirect, absolute and contingent, presently owing and due or hereafter to become owing and due to the Creditor by Company from time to time, including, without limiting the generality of the foregoing, all its obligations under the Debenture; "Person" means any legal or natural person, corporation, firm, joint venture, partnership, whether general, limited or undeclared, trust, association, unincorporated organization, Governmental Authority or other entity of whatever nature. 1.2 Plural and Masculine Unless there be something in the subject or the context inconsistent therewith, words importing the singular only shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa, and any reference to dollars shall mean [COUNTRY] dollars. 1.3 Division in Articles The division of this Deed into Articles, Sections, subsections and paragraphs and the insertion of titles are for convenience of reference only and do not affect the meaning or the interpretation of the present Deed. HYPOTHECS 2.1 Principal Hypothec As a general and continuing collateral security for the performance by Company of the Obligations, Company hereby hypothecates to and in favour of the Creditor the following property and its rights, titles and interests in and to such property (collectively referred to herein as the "Hypothecated Property") to the extent of the sum of [AMOUNT] in lawful money of [COUNTRY], with interest thereon at the rate of [%] per annum, calculated monthly, with interest on overdue interest at the same rate, all of the Grantor's right, title and interest presently owned and hereafter acquired in all movable property of Company of whatsoever nature and kind and wheresoever situate and all proceeds thereof and therefrom, renewals thereof, Accessions thereto and substitutions therefor, including without limiting the generality of the foregoing, all the presently owned or held and hereafter acquired right, title and interest in and to all Goods (including all accessories, attachments, additions and Accessions thereto), Chattel Paper, Documents of Title (whether negotiable or not), Instruments, Intangibles, Licenses, Money (including without limitation the Principal) and all: 2.1.1 inventory of Company of whatever nature and kind situate in the [State/Province] of [STATE/PROVINCE]; 2.1.2 equipment of Company (other than Inventory) of whatsoever nature and kind situate in the [State/Province] of [STATE/PROVINCE] including without limitation, all machinery, tools, apparatus, plant, furniture, fixtures, and vehicles of whatsoever nature and kind; 2.1.3 book accounts and book debts of Company and generally all accounts, debts, dues, claims, chooses in action and demands of every kind and nature howsoever arising or secured including without limitation letters of credit, letters of guarantee and advances of credit, which are now due, owing or accruing or growing due to or owned by or which may hereafter become due, owing or accruing or growing due to or owned by Company (collectively, the "Claims"); 2.1.4 deeds, documents, writings, papers, books of account and other books or electronically recorded data relating to or being records of Claims, Chattel Paper or Documents of Title or by which such are or may hereafter be secured, evidenced, acknowledged or made payable; 2.1.5 contractual rights of Company, including rents, revenues, and incomes and all insurance claims and policies and all goodwill, patents, trademarks, copyrights, and other industrial or intellectual property of Company; 2.1.6 monies (including without limitation the Principal) other than trust monies lawfully belonging to third parties; 2.1.7 the securities, including shares, bonds, rights, options, certificates of deposit, debt instruments and subscriptions, issued and which shall be issued in favor of Company, as well as all securities which shall be delivered to the Creditor by the Company from time to time, including without limitation the shares held by Company in the capital stock of [COMPANY NAME] and [COMPANY NAME] (collectively referred to herein as the "Securities"); 2.1
