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0°ÇÀÇ Èı⺸±â´ãº¸Áõ¼(¼Òµæ°èÁÂ)(Deed of Pledge(Earnings Account))¿¡ ´ëÇÑ ¿µ¹®°è¾à¼ »ùÇà ÀÚ·áÀÔ´Ï´Ù. (Ãâó : Çѱ¹¼öÃâÀÔÀºÇà)
1Á¶ DEFINITIONS
2Á¶ PLEDGE
3Á¶ ACCESSORY RIGHTS AND ANCILLARY RIGHTS
4Á¶ OTHER OBLIGATIONS OF THE PLEDGOR
5Á¶ REPRESENTATIONS AND WARRANTIES
6Á¶ AUTHORISATION
7Á¶ UNDERTAKINGS BY THE BANK
8Á¶ RIGHTS OF THE PLEDGEE
9Á¶ CO-OPERATION
10Á¶ TERMINATION
11Á¶ POWER OF ATTORNEY
12Á¶ RECORDS OF PLEDGEE
13Á¶ ILLEGALITY AND UNENFORCEABILITY
14Á¶ NOTICES
deed of pledge of credit balances on earnings account for hull number [(] between [the owners] and the export-import bank of korea and [the bank] dated [(], 20[(] this deed is dated [(], 20[(] between:
1.[name of the pledgor], a company incorporated in [name of the country], whose registered office is at [address of the pledgor] (the pledgor);
2.the export-import bank of korea (the pledgee); and
3.[name of the bank], a company existing under the laws of [name of the country], having its official seat in [(] (the bank);
background:
(a) the pledgor and the pledgee are party to the agreement (as defined in article 1 of this deed) pursuant to which the pledgee has undertaken to grant a term loan facility to the owners;
(b) it is a requirement under the agreement that the pledgor provides security to the pledgee in accordance with the provisions of this deed; and
(c) the pledgor is willing to provide such security and has agreed with the pledgee to enter into this deed;
it is agreed as follows:
1.definitions
in this deed:
all capitalised terms used have the meaning as set forth in the agreement save as provided in this clause 1.
agreement
means the us$[(] credit facility dated [(], 20[(] between the pledgor as one of the owners and the pledgee as lender, including all amendments and or supplements thereto as well as all agreements replacing these documents whether by novation or otherwise to the extent that the parties thereto have expressly so agreed.
earnings account
means the bank account specified in annex 1 hereto.
operating expenses account
means the operating expenses account held by the pledgor with the bank with account number [(].
receivables
means the pledgors receivables against the bank as such receivables are or will be reflected from time to time in the balances of the earnings account and any other receivables and rights of the pledgor against the bank now existing or hereafter arising from or in connection with the earnings account.
retention account
means the bank account held with the bank designated [(] retention account.
secured liabilities
means all present and future obligations and liabilities (whether actual or contingent or owed in any capacity whatsoever) of the owners to pay an amount of money to the pledgee under or in connection with each finance document to which any of the owners is, or will be, a party.
2.pledge
(a) as continuing security for the full and complete discharge of the secured liabilities, the pledgor grants to the pledgee a right of pledge over the receivables, and the pledgee accepts such right of pledge.the pledgor and the pledgee give notice to the bank of the right of pledge created by this deed.
(b) the right of pledge created by this deed is one and indivisible.the right of pledge created by this deed shall not be affected by one or more but not all of the secured liabilities being discharged, amended or supplemented.
3.accessory rights and ancillary rights
the right of pledge created by and pursuant to this deed includes all accessory rights and all ancillary rights attached to the receivables.
4.other obligations of the pledgor (ÀÌÇÏ »ý·«)