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 zazaka

link 2.12.2008 10:45 
Subject: договор fin.
Уважаемые господа! Помогите, пожалуйста, с переводом названия договора "Common Security Agreement" и в связи с этим Common Security Trustee. Касательно первого и второго: переводы мною найдены. Но я никак не пойму как передать здесь Common и к чему оно относится. Security Agreement и Security Trustee-как бы все ясно, а как быть с Common? Контекст слабоват,тк. это тест.
The Senior Secured Creditor may, without the consent of the Borrower or the Guarantor, assign to one or more Persons (each an “Assignee”) all, or a proportionate part of all, its rights and obligations under this Agreement and the Note, and such Assignee shall assume such rights and obligations, provided that (i) prior to the first assignment under this clause, the Senior Secured Creditor (x) shall have appointed an administrative agent (the “Administrative Agent”), which may be any person (including the Senior Secured Creditor or an Affiliate thereof) to act as agent on behalf of all Senior Secured Creditors which acquire interests hereunder from time to time as Assignees (all such Senior Secured Creditors and the Senior Secured Creditor, if it remains a Holder of the Loan, collectively being a Senior Secured Creditor Group for the purposes of the Common Security Agreement), (y) shall have entered into an agency agreement with the Administrative Agent setting forth terms concerning the Administrative Agent, creditor decision making and other inter-creditor matters and remedies in a form consistent in all material respects with the terms and conditions applicable to such matters under the Indenture (the “Agency Agreement”) and (z) shall have supplied a copy of the Agency Agreement to each of the Borrower, the Guarantor and the Common Security Trustee, and (ii) the parties to such an assignment shall execute and deliver to the Administrative Agent (with a copy to the Borrower, the Guarantor and the Common Security Trustee), an instrument, governed by New York law and signed by both the assignee and the assignor (an “Assignment and Acceptance”) (A) stating that the assignee makes and agrees to be bound by the provisions of this Agreement and the Agency Agreement and shall acquire and assume the specified rights and obligations of the assignor hereunder and that the assignor, to the extent of the interests so assigned, relinquishes its rights and is released from its obligations hereunder and (B) containing an appointment by the assignee of the Administrative Agent to take such action and to exercise such powers hereunder and under the Agency Agreement as are delegated to it by the terms thereof, together with such powers as are reasonably incidental thereto. Upon such execution, delivery and acceptance, and from and as of the acceptance date specified in such Assignment and Acceptance, (aa) the Assignee thereafter shall be a party hereto and, to the extent that rights and obligations hereunder have been assigned to it pursuant to such Assignment and Acceptance, have the rights and obligations as a Senior Secured Creditor hereunder and (bb) the assignor thereunder shall, to the extent that rights and obligations hereunder have been assigned by it pursuant to such Assignment and Acceptance, relinquish its rights and be released from its obligations under this Agreement (and, in the case of an Assignment and Acceptance covering all or the remaining portion of the assignor’s rights and obligations under this Agreement, shall cease to be a party hereto).

 langkawi2006

link 3.12.2008 11:21 
Для затравочки: генеральный обеспечительный договор

 

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