Administrative receiver Sample Clauses
Administrative receiver. (a) Notwithstanding any term of this Deed, subject to paragraph (b) below, the Funding 1 Security Trustee must enforce the Funding 1 Security by appointing an administrative receiver in respect of Funding 1 if it has actual notice of:
(i) an application for the appointment of an administrator in respect of Funding 1; or
(ii) the giving of a notice of intention to appoint an administrator in respect of Funding 1, and that appointment shall take effect not later than the final day by which it must take effect in order to prevent an administration proceeding.
(b) The Funding 1 Security Trustee is not liable for any failure to appoint or delay in appointing an administrative receiver in respect of Funding 1, save in the case of its own gross negligence, wilful default or fraud and, for the avoidance of doubt:
(i) nothing in this Clause 8.2 (Administrative receiver) shall be construed so as to impose on the Funding 1 Security Trustee any obligation to indemnify any administrative receiver appointed by it pursuant to this Clause 8.2 (Administrative receiver) except to the extent of (and from) the cash and assets comprising the Funding 1 Security held by the Funding 1 Security Trustee at such time;
(ii) the Funding 1 Security Trustee shall have no liability if, having used its reasonable endeavours, it is unable to find a person who is willing to be appointed as an administrative receiver on the terms as to indemnification referred to in paragraph (b)(i) above; and
(iii) subject to Clause 13.1(d), the Funding 1 Security Trustee shall be indemnified and/or secured in accordance with the provisions of this Deed.
(c) The Funding 1 Security Trustee shall not be liable to any Funding 1 Secured Creditor for any action it may take in accordance with paragraph (a) above.
(d) Funding 1 hereby waives any claims against the Funding 1 Security Trustee in respect of any appointment made pursuant to this Clause 8.2 (Administrative receiver).
Administrative receiver. If the appointment of the receiver or the joint receivers under Clause 8.3 covers the whole or substantially the whole of the Secured Assets, he or they shall be an administrative receiver or administrative receivers, unless the provisions of the Insolvency ▇▇▇ ▇▇▇▇ relating to an administrative receiver are not applicable to a receiver of property of a company such as the Owner. In that case, section 42 of the Insolvency ▇▇▇ ▇▇▇▇ and Schedule 1 to that Act (general powers of an administrative receiver) shall nevertheless be deemed to be incorporated into this Deed with any necessary modifications.
