Law library · Sierra Leone · The Companies Act, 2009
Section 180, The Companies Act, 2009
In forceThe Companies Act, 2009, Sierra Leone
(1) A debenture holder shall be entitled to realise anysecurity vested in him or in any other person for his benefit if–
(a) the company fails to pay any instalment of
interest, or the whole or part of the principal
or any premium, owing under the debenture
or the debenture trust deed covering the
debenture within one month after it becomes
due;
(b) the company fails to fulfil any of the
obligations imposed on it by the debentures
or the debenture trust deed;
(c) any circumstances occur which by the terms
of the debentures or debenture trust deed
entitled the holder of the debenture to realise
his security; or
(d) the company is wound up.
(2) A debenture holder whose debenture is secured by a
general floating charge vested in him or the trustee of the covering
debenture trust deed or any other person shall additionally be entitled
to realise his security if–
(a) any creditor of the company issues a process
of execution against any of its assets or
commences proceedings for winding up of
the company by order of any court;
(b) the company ceases to pay its debts as they
fall due;
(c) the company ceases to carry on business;
(d) the company suffers, after the issue of
debentures of the class concerned, losses or
diminution in the value of its assets which in
the aggregate amount to more than one-half
of the total amount owing in respect of
debentures of the class held by the debenture
holder who seeks to enforce his security and
debentures whose holder ranks before him
for payment of principal or interest; or
(e) any circumstances occur which entitles a
debenture holder who ranks for payment of
Realisation of
holder’s
security.
register and
copies of
instruments.
128 129
principal or interest in priority to the
debentures secured by the general floating
charges to realise his security.
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