Примеры использования Secured creditor's rights на Английском языке и их переводы на Русский язык
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The second issue concerns the secured creditor's rights with respect to the proceeds.
Where they are agricultural products like milk, eggs and wool,most States provide that the grantor may sell them and that the secured creditor's rights may be claimed in the proceeds received.
In all other respects, however, the secured creditor's rights will be determined by the secured transactions regime.
Where they are agricultural products like milk, eggs and wool,most States provide that the grantor may sell them and that the secured creditor's rights extend to the proceeds received upon their disposition.
For example, a secured creditor's rights to enforce its security may be postponed upon the commencement of insolvency proceedings.
In States that follow a unitary approach the protection of the acquisition secured creditor's rights will have a common basis.
It was stated that the secured creditor's rights in the encumbered asset would be limited to the value of the secured obligation.
Conceptually, the voluntary surrender of possession by the grantor to the secured creditor at the outset of the secured transaction involves recognition by both parties that the secured creditor's rights are to be protected in this way.
In addition, a secured creditor's rights will be subject to the rights and obligations of the depositary bank under law and practice governing bank accounts.
If there were sub-royalty payments under a sub-licence agreement in excess of those utilized in making payments under the prime licence agreement, that excess would be retained in the insolvency estate of the licensee/sub-licensor,the insolvency stay against creditor actions would apply to the secured creditor, and the secured creditor's rights to those excess monies would be determined by the normal insolvency rules applicable to cash proceeds of collateral.
The law should provide that a secured creditor's rights in a negotiable instrument are, as against a person obligated on the negotiable instrument, subject to the law governing negotiable instruments.
A secured creditor's rights in proceeds under an independent undertaking are subject to the rights, under the law and practice that govern independent undertakings, of the guarantor/issuer, confirmer or nominated person and of any other beneficiary named in the undertaking or to whom a transfer of drawing rights has been effected;
The law should provide that a secured creditor's rights in a negotiable document are, as against the issuer or any other person obligated on the negotiable document, subject to the law governing negotiable documents.
A secured creditor's rights in proceeds under an independent undertaking are subject to the rights, under the law and practice governing independent undertakings, of the guarantor/issuer, confirmer or nominated person and of any other beneficiary named in the undertaking or to whom a transfer of drawing rights has been effected;
A cardinal principle is that a secured creditor's rights in proceeds under an independent undertaking should be subject to the rights, under the law and practice governing independent undertakings, of the guarantor/issuer, confirmer or nominated person.
However, because the secured creditor's rights with respect to the personal or property right flows from the grantor's rights, the secured creditor's rights with respect to that personal or property right cannot be greater than the grantor's rights with respect to it.
The law should provide that a secured creditor's rights in a negotiable instrument are, as against a person obligated on the negotiable instrument or any other person claiming rights under the law governing negotiable instruments, subject to the law governing negotiable instruments.
Recommendation 142 secured creditor's right to take possession of an encumbered asset.
Secured creditor's right to possession of an encumbered asset.
Secured creditor's right to possession of an encumbered asset.
There is great diversity in the non-mandatory rules governing the secured creditor's right to dispose of encumbered assets in its possession.
This chapter examines the secured creditor's right to enforce its security right if the grantor fails to perform("defaults on") the secured obligation.
However, the secured creditor's right to follow the assets(its droit de suite) is not absolute.
Similarly, a buyer might purchase the encumbered asset on the understanding that the secured creditor's right in it is limited to the value indicated in the notice.
The law should provide that the secured creditor's right to collect or otherwise enforce a negotiable instrument includes the right to collect or otherwise enforce any personal or property right that secures payment of the negotiable instrument.
If the secured creditor's right in proceeds is a proprietary right, the secured creditor will not suffer a loss by reason of a transaction or other event, since a proprietary right produces effects against third parties.
The law should provide that the secured creditor's right to collect or otherwise enforce a negotiable instrument includes the right to collect or otherwise enforce any personal or property right that secures payment of the negotiable instrument such as a guarantee or security right. .
Note to the Commission:The Commission may wish to consider adding a recommendation on the secured creditor's right to take over the management of a business and to sell the assets as it winds down that business.
A secured creditor's right in the right to receive the proceeds under an independent undertaking is subject to the rights, under the law and practice governing independent undertakings, of a guarantor/issuer, confirmer or nominated person and of any other beneficiary named in the undertaking or to whom a transfer of the right to draw has been effected;
Finally, it was agreed that the secured creditor's right to enforce its security right by collecting should not preclude any of the general post-default rights of the secured creditor e.g. the right to enforce the security right by selling the encumbered receivable, negotiable instrument or intermediated security.