(i) Another secured creditor with a security right in the same encumbered asset (whether as an original encumbered asset or proceeds)

(53) The insolvency law should specify that encumbered assets may be further encumbered, subject to the requirements of recommendations 65, 66 and 67.

The Russian Empire was encumbered by the war against Turkey.

Costs and expenses of maintaining value of the encumbered asset

Upon request the Advisory Committee was provided with a modified organization chart of the Mission showing encumbered posts (see annex IV).

Posts encumbered at lower levels than authorized as at 23 February 2005

(h) Encumbered asset means property that is subject to a security right.

If a security right is effective against third parties at the time when the encumbered assets become fixtures in movables, the security right in the encumbered assets remains effective against third parties.

But, up until the 1970's it was never heavily encumbered by debt.

(v) Any buyer or other transferee (including a lessee or licensee) of the encumbered asset.

The law should confirm that different methods for achieving third party effectiveness may be used for different items or kinds of encumbered assets, whether or not they are encumbered by the same security agreement or by separate security agreements.

(b) Dispossession of the grantor if the encumbered assets are specific items of tangible movable property

(a) Alert third parties dealing with the movable assets of the grantor of the risk that those assets may be encumbered by a security right and

(a) Assets of the debtor, including the debtor's interest in encumbered assets and in third party owned assets

The law should provide that a secured creditor's priority with respect to an encumbered asset extends to the proceeds of the asset subject to the requirements of recommendation 54.

(f) The potential incumbent of the post being proposed for reclassification has encumbered that post for at least three years

The bold policy action that countered the initial disorder prevented a global depression, but it encumbered public sector balance sheets.

(ii) The seller or financial lessor of the same encumbered asset that has retained title to it pursuant to an acquisition security right

It may be that, as between the grantor and the secured creditor, the secured creditor has agreed to treat the proceeds as encumbered assets.

However, a buyer of inventory, who buys encumbered inventory in the ordinary course of business of the seller (and anyone whose rights to the encumbered inventory derive from that buyer), takes free of a security right that is effective against third parties in that inventory, even if such buyer has knowledge of the existence of the security right.

It does not include proceeds from drawings under independent undertakings or types of asset excluded from the scope of the Guide as original encumbered assets.

(iii) Another creditor of the grantor asserting a right in the same encumbered asset (e.g. by operation of law, attachment or seizure or a similar process)

Dispossession of the grantor is sufficient only if an objective third person can conclude that the encumbered assets are not in the actual possession of the grantor.

(ff) Priority means the right of a person to derive the economic benefit of its security right in an encumbered asset in preference to a competing claimant.

Upon enquiry the Advisory Committee was informed that as at 20 September 2005, 40 of the 45 posts were encumbered, resulting in a vacancy rate of 11 per cent.

(c) Transfer of control to the secured creditor if the encumbered assets are certain intangible obligations, other than receivables, owing to the grantor by a third person a bank account

The other narrative describes an economy that is encumbered by never ending European debt crises whose perpetrators seek to shift their responsibility and their financing needs onto Germany s pristine balance sheet.

With the most recent changes introduced for H.323, it is now possible for H.323 devices to easily and consistently traverse NAT and firewall devices, opening up the possibility that H.323 may again be looked upon more favorably in cases where such devices encumbered its use previously.

Of the 761 currently approved posts (470 Professional, 288 General Service and 3 Security Service), as at 31 March 2005, a total of 718 were encumbered (445 Professional, 270 General Service and 3 Security Service).

H. The insolvency law should provide that, in determining the liquidation value of encumbered assets in a reorganization proceeding, consideration should be given to the use of those assets and the purpose of the valuation.

If a security right is effective against third parties at the time the encumbered assets are physically united with other goods in such a way that their identity is lost in a product or mass of goods, the security right in the product or mass remains effective against third parties.

Another concern is the potential ability of a secured creditor to exercise influence over a business, to the extent that the creditor may seize, or threaten seizure of, the encumbered assets of that business upon default.

(d) Registration of a notice of the security right in a specialized title registry if the encumbered assets are specific items of movable property for which title is established, under other law of the enacting State, by registration in such a registry (e) Entry of a notation of the security right on the title certificate if the encumbered assets are specific items of tangible movable property for which, under other law of the enacting State, title is evidenced by a title certificate or

But his government is dealing without question as best it can in the face of four simultaneous crises, its efforts encumbered by huge logistical problems that no post World War II Japanese government has ever faced before.

(58) The insolvency law should permit the insolvency representative to sell assets that are encumbered or subject to other interests free and clear of those encumbrances and other interests, outside the ordinary course of business, provided that

(a) The security right in the encumbered assets was made effective against third parties by registration and the proceeds are a kind of asset in which a security right may be made effective against third parties by registration

If one of the security rights is made effective against third parties by possession or control of the encumbered asset, the holder of that security right will have the burden of establishing when it obtained possession or control

Currently, at the senior management level in the Office, developing countries are well represented since four out of seven posts subject to geographical distribution at the D 1 level and above are encumbered by staff from developing countries.

The law should provide that, if a security right in encumbered assets is effective against third parties, the security right in the proceeds is effective against third parties as soon as the right in the proceeds is created provided that

In addition, the Guide does not cover security rights in securities as original encumbered assets because the nature of securities and their importance for the functioning of financial markets raise a broad range of issues that merit special legislative treatment.

The unutilized balance of 62,200 relates to the vacancy of one post for one month and one post being encumbered by a staff at a lower level. During the reporting period, the overall vacancy rate in the office was 5 per cent.

(65) The insolvency law should enable a security interest to be granted for repayment of post commencement finance, including a security interest on unencumbered assets, including after acquired assets, or a junior or lower priority security interest on already encumbered assets of the estate.

(b) Assets of the debtor property, rights and interests of the debtor, including rights and interests in property, whether or not in the possession of the debtor, tangible or intangible, movable or immovable, including the debtor's interests in encumbered assets or in third party owned assets

Accordingly, when implementing the recommendations of the Guide, a State should give careful consideration to situations in which the existing legal regime and characteristics of intellectual property are sufficiently unique as to justify the adjustment of those recommendations when the encumbered assets include intellectual property rights.

(hh) Control means the legal authority of a secured creditor to direct the disposition of an encumbered asset that is either a bank account or a right to proceeds under an independent undertaking without the need of any further consent or other action by the grantor.