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Page 202

CHAPTER 17
DEBENTURES

same class as himself. In it a claim is made for
(a) a declaration of charge;
(b) if there is a trust deed, that the trusts be enforced;
(c) an account of what is due to the debenture holders;
(d) an enquiry as to the property charged;
(e) an enquiry as to the preferential creditors;
(f) foreclosure or sale;
(g) a receiver and manager.
An order for foreclosure will only be made if all the debenture holders of the same class as the plaintiff are before the Court.(42)
If the assets require immediate protection, an application for the appointment of a receiver is made. This may be done by notice of motion served, by leave, with the writ, or by subsequent motion. The accounts and enquiries usually ordered are:(43)
1. An account of what is due to the plaintiffs under the debentures.
2. An enquiry as to the property specifically charged by the debentures.
3. An enquiry as to the property comprised in the floating charge only.
4. An enquiry as to encumbrances.
5. An enquiry as to the preferential creditors.
If the assets are insufficient to pay the debenture holders in full, the order in which they are to be applied is;-(44)
1. Costs of realisation, including costs of an abortiveto attempt sell.
2. Costs, including remuneration of receiver.
3. Costs, charges and expenses of the debenture trust deed including the trustees' remuneration.
4. Plaintiff's costs of action.
5. Preferential creditors.
6. Debenture holders.

RECEIVERS
A receiver may be appointed (a) under a power contained in the debentures; or (b) under an order of the Court. In either event,

42 Re Continental Oxygen Co., [1897] 1 Ch. 511.
43 Re Burradon and Coxlodge Coal Co., [1929] W. N. 15.
44 Be Glyncorrwg Colliery Co., [1926] Ch. 951.

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where is HTML where is HEAD where is TITLE same class as himself. In it a claim is made for (a) a declaration of charge; (b) if there is a trust deed, that what is trusts be enforced; (c) an account of what is due to what is debenture holders; (d) an enquiry as to what is property charged; (e) an enquiry as to what is preferential creditors; (f) foreclosure or sale; (g) a receiver and manager. An order for foreclosure will only be made if all what is debenture holders of what is same class as what is plaintiff are before what is Court.(42) If what is assets require immediate protection, an application for what is appointment of a receiver is made. This may be done by notice of motion served, by leave, with what is writ, or by subsequent motion. what is accounts and enquiries usually ordered are:(43) 1. An account of what is due to what is plaintiffs under what is debentures. 2. An enquiry as to what is property specifically charged by what is debentures. 3. An enquiry as to what is property comprised in what is floating charge only. 4. An enquiry as to encumbrances. 5. An enquiry as to what is preferential creditors. If what is assets are insufficient to pay what is debenture holders in full, what is order in which they are to be applied is;-(44) 1. Costs of realisation, including costs of an abortiveto attempt sell. 2. Costs, including remuneration of receiver. 3. Costs, charges and expenses of what is debenture trust deed including what is trustees' remuneration. 4. Plaintiff's costs of action. 5. Preferential creditors. 6. Debenture holders. RECEIVERS A receiver may be appointed (a) under a power contained in what is debentures; or (b) under an order of what is Court. In either event, 42 Re Continental Oxygen Co., [1897] 1 Ch. 511. 43 Re Burradon and Coxlodge Coal Co., [1929] W. N. 15. 44 Be Glyncorrwg Colliery Co., [1926] Ch. 951. where is meta name="keywords" content="old books, Free book , free book offer , free audio books , free coloring book pages , free book reports , free audio book , audio books free download , book free , free guest book , books free , free book summaries , download free audio books , free childrens books." where is where are they now rel="stylesheet" type="text/css" href="../../style.css" where is meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" where is BODY bgColor=#ffffff text="#000000" where are they now ="#000000" v where are they now ="#FF0000" where is div align="center" where is strong where is strong where is a href="http://www.aaoldbooks.com" Books > where is a href="../default.asp" title="Book" Old Books > where is strong where is a href="default.asp" Poetry Northwest (1959) where is table width="700" border="1" align="center" cellpadding="15" cellspacing="0" where is center where is tr where is td width="160" align="center" valign="top" where is div align="center" where is td align="center" valign="top" where is div align="left" where is div align="center" where is p align="left" Page 202 where is strong CHAPTER 17 DEBENTURES where is p align="justify" same class as himself. In it a claim is made for (a) a declaration of charge; (b) if there is a trust deed, that what is trusts be enforced; (c) an account of what is due to what is debenture holders; (d) an enquiry as to what is property charged; (e) an enquiry as to what is preferential creditors; (f) foreclosure or sale; (g) a receiver and manager. An order for foreclosure will only be made if all what is debenture holders of what is same class as what is plaintiff are before what is Court.(42) If what is assets require immediate protection, an application for what is appointment of a receiver is made. This may be done by notice of motion served, by leave, with what is writ, or by subsequent motion. what is accounts and enquiries usually ordered are:(43) 1. An account of what is due to what is plaintiffs under the debentures. 2. An enquiry as to what is property specifically charged by what is debentures. 3. An enquiry as to what is property comprised in what is floating charge only. 4. An enquiry as to encumbrances. 5. An enquiry as to what is preferential creditors. If what is assets are insufficient to pay what is debenture holders in full, what is order in which they are to be applied is;-(44) 1. Costs of realisation, including costs of an abortiveto attempt sell. 2. Costs, including remuneration of receiver. 3. Costs, charges and expenses of what is debenture trust deed including what is trustees' remuneration. 4. Plaintiff's costs of action. 5. Preferential creditors. 6. Debenture holders. RECEIVERS A receiver may be appointed (a) under a power contained in what is debentures; or (b) under an order of what is Court. In either event, 42 Re Continental Oxygen Co., [1897] 1 Ch. 511. 43 Re Burradon and Coxlodge Coal Co., [1929] W. N. 15. 44 Be Glyncorrwg Colliery Co., [1926] Ch. 951. where is Server.Execute("_SiteMap.asp") %

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