OF THE SETTLEMENT
AGREEMENT OR FAILS TO PERFORM ANOTHER SECURED OBLIGATION; AND
(II)
THE CHARGEE COMMENCES ARBITRATION
PROCEEDINGS PURSUANT TO CLAUSE 16 OF THE SETTLEMENT AGREEMENT AND THE CHARGEE
OBTAINS AN AWARD FROM THE ARBITRATOR AGAINST THE CHARGOR; AND
(III)
THE CHARGOR FAILS TO SATISFY THE AWARD TO
THE CHARGOR WITHIN 30 DAYS FROM THE DATE OF THE AWARD; OR
(B)
AN INSOLVENCY EVENT OCCURS WITH RESPECT TO
THE CHARGOR.
11.
CHARGEE'S POWERS
11.1
SUBJECT TO THE REQUIREMENTS OF CLAUSE 13, THE
CHARGEE MAY, AT ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT:
(A)
DO ALL ACTS AND THINGS AND EXERCISE OR
ENFORCE ALL RIGHTS, POWERS AND REMEDIES ALLOWED TO OR CONFERRED BY LAW ON A
CHARGEE OR WHICH AN ABSOLUTE OWNER COULD DO, EXERCISE OR ENFORCE IN RELATION TO
THE CHARGED PROPERTY;
(B)
TAKE OR ENTER INTO POSSESSION OF, COLLECT OR
GET IN (OR ANY COMBINATION OF THESE ACTIONS) THE CHARGED PROPERTY;
(C)
ENTER INTO RECEIPT OF THE RENTS AND PROFITS
OF THE CHARGED PROPERTY;
(D)
CARRY ON OR CONCUR IN CARRYING ON THE
BUSINESS OF THE CHARGOR AS FORMS PART OF THE CHARGED
9
Property, in the name of the Chargor or the Chargee or otherwise;
(E)
MANAGE THE CHARGED PROPERTY;
(F)
USE ALL AUTHORISATIONS, BRAND, TRADE AND
BUSINESS NAMES OR MARKS USED AS PART OF THE CHARGED PROPERTY;
(G)
HAVE ACCESS TO AND MAKE USE OF THE PREMISES,
PLANT, EQUIPMENT AND ACCOUNTING AND OTHER SERVICES OF THE CHARGOR AND THE
SERVICES OF ITS EMPLOYEES AND AGENTS FOR ANY PURPOSE OR IN CONNECTION WITH ANY
EXERCISE OF A POWER OR RIGHT UNDER THIS CLAUSE;
(H)
OPERATE BANK ACCOUNTS IN THE NAME OF THE
CHARGOR (WHETHER ALONE OR JOINTLY) TO THE EXCLUSION OF THE CHARGOR, WITHDRAW ANY
MONEY STANDING TO THE CREDIT OF THAT ACCOUNT AND SIGN, DRAW, OR ENDORSE IN THE
NAME OF THE CHARGOR CHEQUES, PROMISSORY NOTES, BILLS OF EXCHANGE, DRAFTS AND
OTHER NEGOTIABLE INSTRUMENTS;
(I)
PERFORM, OBSERVE, CARRY OUT, ENFORCE
SPECIFIC PERFORMANCE OF, EXERCISE, OR REFRAIN FROM EXERCISING THE CHARGOR'S
RIGHTS AND POWERS UNDER, OR OTHERWISE OBTAIN THE BENEFIT OF, VARY OR RESCIND ALL
CONTRACTS, ARRANGEMENTS, RIGHTS FORMING PART OF THE CHARGED PROPERTY, AND
INSTRUMENTS ENTERED INTO OR HELD BY THE CHARGOR, OR ENTERED INTO IN EXERCISE OF
THE POWERS OR AUTHORITIES CONFERRED BY THIS CLAUSE IN THE NAME OF THE CHARGOR OR
OTHERWISE;
(J)
MAKE ANY ARRANGEMENT OR COMPROMISE WHICH
THE CHARGEE THINKS FIT;
(K)
DO ALL THINGS NECESSARY OR CONVENIENT TO
PERFORM OR TO OBSERVE ANY OF THE OBLIGATIONS ON THE PART OF THE CHARGOR UNDER
THIS DEED;
(L)
DO OR PROCURE THE DOING OF ALL THINGS
AND PAY OR PROCURE THE PAYMENT OF ALL MONEY NECESSARY TO MAKE GOOD, TO THE
SATISFACTION OF THE CHARGEE, ANY BREACH OR DEFAULT INHERENT IN AN EVENT OF
DEFAULT;
(M)
WHERE ANY OF THE SECURED MONEY FOR THE TIME
BEING REMAINS CONTINGENT, INVEST, DEPOSIT OR HOLD THE CHARGED PROPERTY IN ANY
FORM OR IN ANY MODE OF INVESTMENT THAT THE CHARGEE THINKS FIT AND