Acts and Regulations

84-137 - Debentures

Full text
5(1)A covenant or condition set out in Column One of Schedule C and distinguished by a number therein may be included in any debenture as may be applicable in the circumstances, by the inclusion of the covenant or condition set out in Column One of Schedule C together with its distinguishing number, and if so included, the debenture has the same effect as if it contained the covenant or condition set out in Column Two of Schedule C distinguished by the same number.
5(2)A debenture may contain any covenant or condition, whether or not the covenant or condition is otherwise provided for in this Regulation.
5(3)Where a debenture contains covenants and conditions which are set out in a document which is on file in a Registry Office or a Land Titles Office and are included in the debenture by reference to the number by which the document has been filed, the document shall be filed in every Registry Office or Land Titles Office where the debenture is registered.
5(4)Except as between the parties thereto, where a debenture in Form A56 contains covenants and conditions which are set out in an agreement which is neither registered nor on file in a Registry Office, and a conflict exists between that part of the debenture which is registered or on file and the agreement which is not, the terms of that part of the debenture which is registered or on file shall prevail.
5(5)Where a debenture in Form A56 contains covenants and conditions which are set out in an agreement which is neither registered nor on file in a Registry Office, an amendment to the agreement is void as against a third party unless notice of the amendment is registered in the Registry Office or unless the third party has actual notice of the amendment.
87-71