Everton Mortgage No 47 20 December 2010 Barclays 2010 to 2011 FAPL Income

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Transcript of Everton Mortgage No 47 20 December 2010 Barclays 2010 to 2011 FAPL Income

  • 8/7/2019 Everton Mortgage No 47 20 December 2010 Barclays 2010 to 2011 FAPL Income

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    31/1212010COMPANIES HOUSEA07\ U ~ \ \ 1\1\\\\\ \\\\ATITGQEY* 194

    A fee IS payable Wlth thiS formWe will not accept thIS formunless you send the correctfeePlease see 'How to pay' on the last page

    MG01Particulars of a mortgage or charge

    . . ( What thiS tonn IS for XWhat tms fonn IS NOTfoYou may use thiS fonn to register You cannot use thiS form tcparticulars of a mortgage or charge particulars of a charge for a In England and Wales or Northern Scottish company To do th Ireland please use MG01s

    Inaccordance WIth8ectIon 860 of theCompaniesAd.2006

    Company numberCompany name III full

    Company detailsr ; r ; r ; I 3 ~ ~ r ; - ~The Everton Football Club Company limited (the "Company")

    Flllmg In this fonnPlease complete In typescnpt orIn bold black capitals

    All fields are mandatory unlessSpecified or Indicated byDate of creation of charge

    Date of creation

    tionPlease gIVea descnption of the Instrument (If any) creabng or evidencmqthe charge. e g 'TrustDeed', 'Debenture', 'Mortgage', or 'Legal charge'

    Descnptlon ASSignmentof Payments (the "Assignment")

    Amount secured

    AmountsecuredPlease give us details of the amount secured by the mortgage or chargePlease see Continuation Sheet

    Continuation pagePlease use a connouanon page rfyou need to enter more details

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    In acc ordance WIthSection 860 of theCompanies Act2006

    I IAmount secured

    MG01 - contmuatron pageParticulars of a mortgage or chargeAmount secured

    IPlease gIVeus details of the amount secured by the mortgage or chargeThe Company has covenanted to -1 discharge on demand from time to time all the obligations and liabilities of theCompany to Barclays of any kind and In any currency (whether at the date ofthe ASSignment of thereafter, actual or contingent and whether as pnncipal orsurety or Incurred alone or JOintly with another and whether Barclays shall havebeen an onqmal party to the relevant transaction or not),2 pay to Barclays on demand from time to time the Expenses, and3 pay to Barclays on demand from time to trme Interest on the amounts referred

    to In clauses 2 1 and 22 of the ASSignment (paragraphs 1 and 2 above) fromthe date on which the Company has agreed to pay Intereston them or, If thereIS no such agreement. from the date on which they become due,

    (together, the "Obligations")

    20\237268601\mk02This form has been provided free of charge by Compames House CHFPOOO

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    MG01Particulars of a mortgage or charge

    I I Mortgagee(s) or person(s) entitled to the charge (if any)Please gIVe the name and address of the mortgagee(s) or person(s) Continuation pageentItled to the charQe Please use a contmuanon page IfName Barclays Bank PLC ("Barctays") you need to enter moredetailsAddress 11 Churchill PlaceILondonPostcode fEi1l4lf5fHfPlName IAddress IIPostcode 11111111rI Short particulars of all the property mortgaged or charged

    Please gIVethe short particulars of the property mortgaged or charged IConbnuabon pagePlease use a continuationpage Ifyou need to enter moredetailsShort particulars Please see Continuation Sheet

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    MG01Particulars of a mortgage or charge

    Particularsas to commission,allowvance or discount (ifany)PleaseInsert1:he amount or ratepercentofarrycornrmsson, aUowance ordiscountpaid or madeeitherdirectlyor IndIrectly by the companyto anypersonon consideration of tus- subscnbmg or agreeingto subscnbe, whetherabsolutelyorconditionally, or- procunng or agreeingto procure subscnptJons, whetherabsoluteorcondmonal,forany debenturesmdudedmttusretum Therateof Interest payableunderthetermsof thedebentures should notbe entered

    CornmlssIon allowance NilordISCOUnt

    II Delivery of instrumentYoumustdenverthe onqmel mstrument (Ifany)creatlngoreVidenCIng thechargeand theseprescnbecl particulars to theRegistrarof CompaniesWithIn 21daysafter the dateof creation ofthe charge(section860) Iftheproperty IS situatedandthe chargewasaeated outsidethe UnrtedKingdom (UK),you mustdeliverthe Information to theRegistrarWithin 21days afterthedateonwhichthe Instrument couldhave been receivedIntheUK Inthe normalcourseof postand assuming youhadposted Itpromptly(section 866)We Will accepta venfied copyof theInstrument creatingthechargewherethepropertycharged IS situated andthe chargewas createdoutsidetheUK (section 870) The companyor thepersonwhohasdeliveredthe copyto theRegistrarmustvenfyrtto bea correct copyand sIgnrt Where abodycorporategivesthevenficatlon, an officerof that bodymust sign rtWeWIll accepta venfiecf copywheresection867(2) applies(propertysrtuated Inanotherpartof UK)SignatureIPleasesign theformhere

    Signature

    IThiS form must be signed by a person With an Interest In theregistration of the charge

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    In accordance WithSection 860 of theCompanies Act2006MG01 - contmuatron pageParticulars of a mortgage or chargeShort particulars of all the property mortgaged or chargedIPlease gIVeus the short pama.lIarsof the property mortgaged or charged

    Short particulars 1 As a continuing secunty for the discharge and payment of the Obligationsand With full title guarantee, the Company has assigned absolutely andunconditionally to Barclays the Company's nght, title, benefit and Interest(present and future) In the Payments together With all nghts for theCompany to sue or take action In respect of any non-payment of thePayments by the Premier League (the "Assigned Rights")2 The Company has agreed that It Will not Without Barclays' pnor wnttenconsent-2 1 create or permit to anse or continue any Encumbrance over the ASSignedRights or any right relating to the ASSigned RIghts, or2 2 dispose or purport to dispose of any Interest Inor grant any nght over anyASSigned RightsDefinitlons:-"Encumbrance" Includes any mortgage, charge (fixed or floating), pledge, lien andany other arrangement or Interest (whether by way of assignment, trust, titleretention or otherwise) which has the effect of creating security or payment pnonty"Expenses" means all expenses (on a full indemnity baSIS), from time to time paidor Incurred by an administrator (appointed under the Insolvency Act 1986) of theCompany In carrying out rus statutory functions and that administrator'sremuneration and all expenses (on a full indemnity baSIS) IncludIng legal fees, fromtime to time paid or Incurred by Barclays or any Receiver at any time In connecnonWith the ASSigned Rights or the Obligations or In taking, perfecting or enforcinq theASSIgnment or In exercrsrnq any nght or power under the ASSignment or otherwisetogether With VAT upon such expenses where appropnate"Interest" Interest at the rate or rates agreed between Barclays and the Companyand In the absence of agreement In respect of any liability or obligation at the rateof 30/0 per annum above the base rate of Barclays from time to nme"Investec Stabi llser Payments" means all amounts payable by the PremierLeague to the Company In May 2011 and June 2011 In respect of OverseasBroadcasting Money, Title Sponsorship Money, Commercial Contract Money andRadio Contract Money (each as defined In the Rules) and which have beenassigned by the Company to Investec Bank Pic prior to the date of the ASSignment"Payments" all amounts (including VAT) due or owmq to or which may be due orowmq to or purchased or otherwise acquired by the Company from the PremierLeague for the 2010/2011 assocranon football season In relation to the CentralFunds (as defined In Rule C51 1 of the Rules) (save for (1) the first 1,620,000 ofsuch sum due to the Company and (2) the Investec Stabrhser Payments) arisingfrom or In relation to the provrsion by the Premier League Clubs of nghts to thePremier League to enable It to fulfil ItS agreements for the broadcasting andtelevrsinq and the recording and/or filming of any association football matchmvolvmq such clubs"Premier League" means as appropnate, The Football ASSOCiation Premier

    20\23726860 1\mk02ThIS form has been provided free of charge by Cornparues House CHFPOOO

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    In accordance withSection 860 of theCompanies Act2006

    IIShortparnculars

    MG01 - continuation pageParticulars of a mortgage or chargeShort particulars of all the propertymortgaged or chargedIPleasegIVe us theshortparticulars of thepropertymortgaged orchargedLeague limited or cornbmanon of assocratron football clubs compnsmq the clubsknown as the FA Premier League, or any replacement thereof bywhatever name"Receiver" any person appointed as receiver, administrative receiver,administrator, manager or receiver and manager"Rules" means the rules and constitutional documents of the Premier League fromtime to time In force"VAT" value added tax or any other tax on added value or on turnover for the timebeing In force

    20\23726860 1\mk02ThISform has been provided free of charge by Companies House CHFPOOO

    10109 Version 1 1

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    I N t ) ~

    FILE COpyCERTIFICATE OF THE REGISTRATION

    OF A MORTGAGE OR CHARGEPursuant to section 869(5) & (6) of the Companies Act 2006

    COMPANY NO. 36624CHARGE NO. 47

    THE REGISTRAR OF COMPANIES FOR ENGLAND AND WALESHEREBY CERTIFIES THAT AN ASSIGNMENT OF PAYMENTSDATED 20 DECEMBER 2010 AND CREATED BY EVERTONFOOTBALL CLUB COMPANY,LIMITED(THE) FOR SECURINGALL MONIES DUE OR TO BECOME DUE FROM THE COMPANYTO BARCLAYS BANK PLC ON ANY ACCOUNT WHATSOEVERUNDER THE TERMS OF THE AFOREMENTIONED INS'IRUMENTCREATING OR EVIDENCING THE CHARGE WAS REGISTEREDPURSUANT TO CHAPTER 1 PART 25 OF THE COMPANIES ACT2006 ON THE 31 DECEMBER 2010GIVEN AT COMPANIES HOUSE, CARDIFF THE 61ANUARY 2011