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2. Wimbledon Heavy Industry Bhd received banking facilities given by Affim Bank Bhd and as a consideration, has created a debenture containing fixed and floating
2. Wimbledon Heavy Industry Bhd received banking facilities given by Affim Bank Bhd and as a consideration, has created a debenture containing fixed and floating charges over all its assets, properties and undertakings, both present and future. There was a restrictive clause stating that, during the subsistence of the debenture, Wimbledon shall not create any encumbrance over the charged assets without the consent in writing of the Affim Bank Bhd. However, Wimbledon subsequently created two other fixed charges in favour of two other financial institutions over the same assets which were then novated to Affim Bank Bhd. Unhappy with the situation, Affim Bank has come to see you seeking legal advice as they believe Wimbledon has disobeyed the negative pledge clause agreed before. You as legal advisor of Affim Bank Bhd are required to advise the bank on their rights as a debentur holder, the issues with fix and floating charges in terms of priority and what they can do in case of the company had defaulted the payment of the loan. Advise Affim Bank. Your answers must be supported with decided case(s). marks) ANSWER: (30
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