Appointment of Receiver or Administrator Sample Clauses

Appointment of Receiver or Administrator. (a) Subject to paragraph (c) below, at any time after a Declared Default has occurred and is continuing, or if so requested by the relevant Chargor, the Interim Security Agent may by writing under hand signed by any officer or manager of the Interim Security Agent, appoint: (i) any person (or persons) to be a Receiver of all or any part of the Charged Property; (ii) appoint two or more Receivers of separate parts of the Charged Property; (iii) remove (so far as it is lawfully able) any Receiver so appointed; (iv) appoint another person(s) as an additional or replacement Receiver(s); or (v) appoint one or more persons to be an administrator of the relevant Chargor. (b) Section 109(1) of the Law of Property Act 1925 shall not apply to this Debenture. (c) At any time after a Declared Default has occurred and is continuing, the Interim Security Agent shall be entitled to appoint a Receiver save to the extent prohibited by section 72A of the Insolvency Xxx 0000.
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Appointment of Receiver or Administrator. (a) Subject to paragraph (c) below, at any time after an Event of Default has occurred which is continuing, or if so requested by the Chargor in writing, the Security Agent may by writing under hand signed by any officer or manager of the Security Agent, appoint any person (or persons) to be a Receiver of all or any part of the Charged Property. (b) Section 109(1) of the Law of Property Act 1925 shall not apply to this Deed. (c) The Security Agent shall be entitled to appoint a Receiver save to the extent prohibited by section 72A Insolvency Xxx 0000.
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Appointment of Receiver or Administrator. 17.1 Without prejudice to the provisions of the Insolvency Act, the Security Trustee may by instrument in writing appoint such person or persons as it thinks fit as Receiver or Administrator:- 17.1.1 at any time after the security created by this Debenture becomes enforceable; or 17.1.2 upon a written request by any Charging Company to appoint a Receiver; or 17.1.3 at any time after any step is taken (including, without limitation, the making of an application or the giving of notice) by a Charging Company or by any other person to appoint an Administrator in respect of the Company; or 17.1.4 at any time after any step is taken (including without limitation, the making of an application or the giving of notice) by a Charging Company or any other person to wind up or dissolve a Charging Company or to appoint a liquidator, trustee, administrative receiver or similar officer to a Charging Company of any part of its undertaking or assets; or 17.1.5 at any time after presentation of a petition for an administration order in relation to a Charging Company; and none of the restrictions imposed by the LPA in relation to the appointment of receivers or otherwise shall apply. 17.2 Nothing in this Clause 17 shall restrict the exercise by the Security Trustee of any of the rights of the Security Trustee under Schedule B1 to the Insolvency Act and any rules made thereunder or at common law. 17.3 If any person appointed to be a Receiver is removed by the court or shall otherwise cease to act as Receiver then the Security Trustee shall be entitled to appoint another person or persons as Receiver in his place. 17.4 A Receiver shall be the agent of each Charging Company and, except as otherwise required by the Insolvency Act, each Charging Company shall be solely responsible for his acts and defaults and liable on any contract or engagements made or entered into or adopted by him. 17.5 The Security Trustee and any Receiver may delegate by power of attorney or in any other manner to any person any right, power or discretion exercisable by them under this Debenture. Any such delegation may be made upon the terms (including power to sub-delegate) and subject to any regulations which the Security Trustee or such Receiver (as the case may be) may think fit. Neither the Security Trustee nor any Receiver will be in any way liable or responsible to any Charging Company for any loss or liability arising from any act, default, omission or misconduct on the part of any such delegate ...
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Appointment of Receiver or Administrator. (a) Except as provided below, the Security Agent may appoint any one or more persons to be a Receiver of all or any part of the Security Assets or an administrator of any Chargor if: (i) this Security is enforceable; or (ii) a Chargor so requests the Security Agent in writing at any time. (b) Any appointment under paragraph (a) above may be by deed, under seal or in writing under its hand. (c) Except as provided below, any restriction imposed by law on the right of a mortgagee to appoint a Receiver (including under section 109(1) of the Act) does not apply to this Deed. (d) The Security Agent is not entitled to appoint a Receiver solely as a result of the obtaining of a moratorium (or anything done with a view to obtaining a moratorium) under section 1A of the Insolvency Xxx 0000. (e) The Security Agent may not appoint an administrative receiver (as defined in section 29(2) of the Insolvency Act 1986) over the Security Assets if the Security Agent is prohibited from so doing by section 72A of the Insolvency Xxx 0000 and no exception to the prohibition on appointing an administrative receiver applies.
Sample 1
Appointment of Receiver or Administrator. (a) Subject to paragraph (d) below, at any time after a Declared Default has occurred, or if so requested by the Chargor, the Security Agent may by writing under hand signed by any officer or manager of the Security Agent: (i) appoint any person(s) to be Receiver(s) of all or any part of the Collateral; (ii) appoint two or more Receivers of separate parts of the Collateral; (iii) remove (so far as it is lawfully able) any Receiver so appointed; (iv) appoint another person(s) as an additional or replacement Receiver(s); or (v) appoint one or more persons to be an administrator of the Chargor. (b) Section 109(1) of the Law of Property Act 1925 shall not apply to this Debenture. (c) Paragraph 14 of Schedule B1 to the Insolvency Acx 0000 xhall apply to this Debenture and the Security Agent may appoint an administrator of the Chargor pursuant to that paragraph. (d) At any time after a Declared Default has occurred, the Security Agent shall be entitled to appoint a Receiver save to the extent prohibited by section 72A of the Insolvency Acx 0000.
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Appointment of Receiver or Administrator. (a) At any time after an Event of Default has occurred, or if so requested by the Chargor, the Chargee may by writing under hand signed by any officer or manager of the Chargee, appoint any person (or persons) to be a Receiver of all or any part of the Charged Property; (b) For the avoidance of doubt, a Receiver appointed under Clause 9.4(a) may be an administrative receiver in accordance with section 142(1)(a) of the Act.
Sample 1
Appointment of Receiver or Administrator. (a) Except as provided below, the Security Agent may appoint any one or more persons to be a Receiver of all or any part of the Security Assets or an administrator of any Chargor if: (i) this Security is enforceable; or (ii) a Chargor so requests the Security Agent in writing at any time. (b) Any appointment under paragraph (a) above may be by deed, under seal or in writing under its hand. (c) Except as provided below, any restriction imposed by law on the right of a mortgagee to appoint a Receiver (including under section 109(1) of the Act) does not apply to this Deed. (d) The Security Agent is not entitled to appoint a Receiver solely as a result of the obtaining of a moratorium (or anything done with a view to obtaining a moratorium) under Part A1 of the Insolvency Xxx 0000 other than in respect of any floating charge referred to in subsection (4) of section A52 of Part 1A of the Insolvency Xxx 0000. (e) The Security Agent may not appoint an administrative receiver (as defined in section 29(2) of the Insolvency Act 1986) over the Security Assets if the Security Agent is prohibited from so doing by section 72A of the Insolvency Xxx 0000 and no exception to the prohibition on appointing an administrative receiver applies.
Sample 1
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Appointment of Receiver or Administrator. 13.1 Appointment and Removal Upon and after the occurrence of an Event of Default or if requested to do so by the Company or if any of the events described in any of Clauses 6.2.1 to 6.
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Appointment of Receiver or Administrator 
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Related to Appointment of Receiver or Administrator

  • Appointment of Receiver To the extent permitted by Applicable Law, the Administrative Agent and the Lenders shall be entitled to the appointment of a receiver for the assets and properties of the Borrower and its Subsidiaries, without notice of any kind whatsoever and without regard to the adequacy of any security for the Obligations or the solvency of any party bound for its payment, to take possession of all or any portion of the property and/or the business operations of the Borrower and its Subsidiaries and to exercise such power as the court shall confer upon such receiver.

  • Appointment of receivers and managers any administrative or other receiver is appointed anywhere of any Security Party or any part of its assets and/or undertaking or any other steps are taken to enforce any Encumbrance over all or any part of the assets of any Security Party; or

  • Appointment of a Receiver To the extent permitted by applicable law, if an Event of Default shall have occurred and be continuing, and the Equipment Notes either shall have been accelerated pursuant to Section 4.02 or have become due at maturity, Loan Trustee shall, as a matter of right, be entitled to the appointment of a receiver (who may be Loan Trustee or any successor or nominee thereof) for all or any part of the Collateral, whether such receivership be incidental to a proposed sale of the Collateral or the taking of possession thereof or otherwise, and, to the extent permitted by applicable law, Company hereby consents to the appointment of such a receiver and will not oppose any such appointment. Any receiver appointed for all or any part of the Collateral shall be entitled to exercise all the rights and powers of Loan Trustee with respect to the Collateral.

  • Appointment of Administrator Each Trust hereby appoints EIS as Administrator of the Trust and each of its series listed on SCHEDULE A attached hereto on the terms and conditions set forth in this Agreement; and EIS hereby accepts such appointment and agrees to perform the services and duties set forth in Section 2 of this Agreement in consideration of the compensation provided for in Section 4 hereof.

  • Appointment of Servicer 2.1 Subject to CLAUSES 2.3 and 4.3(D), and until termination pursuant to CLAUSE 21, the Mortgages Trustee, the Seller and Funding 1 (according to their respective estates and interests) each hereby appoints the Servicer as its lawful agent on their respective behalfs to administer the Loans and their Related Security, to provide certain other administration and management services and to exercise their respective rights, powers and discretions, and to perform their respective duties, under and in relation to the Loans and their Related Security. The Servicer in each case hereby accepts such appointment on the terms and subject to the conditions of this Agreement. The Security Trustee consents to the appointment of the Servicer on the terms of and subject to the conditions of this Agreement. 2.2 For the avoidance of doubt and in connection with the rights, powers and discretions conferred under CLAUSE 2.1, during the continuance of its appointment hereunder, the Servicer shall, subject to the terms and conditions of this Agreement, the Mortgage Conditions, the Mortgage Sale Agreement and the Mortgages Trust Deed, have the full power, authority and right to do or cause to be done any and all things which it reasonably considers necessary, convenient or incidental to the administration of the Loans and their Related Security or the exercise of such rights, powers and discretions, provided however that neither the Mortgages Trustee nor Funding 1 nor their respective directors shall be required or obliged at any time to enter into any transaction or to comply with any directions which the Servicer may give with respect to the operating and financial policies of the Mortgages Trustee or Funding 1 and the Servicer hereby acknowledges that all powers to determine such policies (including the determination of whether or not any particular policy is for the benefit of the Mortgages Trustee or Funding 1) are, and shall at all times remain, vested, as the case may be, in the Mortgages Trustee and/or Funding 1 (and their respective directors) and none of the provisions of this Agreement shall be construed in a manner inconsistent with this proviso. 2.3 The appointment pursuant to CLAUSE 2.1 is conditional upon the issue of the First Issuer Notes having taken place and shall take effect upon and from the Initial Closing Date automatically without any further action on the part of any person PROVIDED THAT if the issue of the First Issuer Notes has not occurred by the 14th June, 2002, or such later date as the First Issuer and the Joint Lead Managers may agree, this Agreement shall cease to be of further effect.

  • Voluntary Bankruptcy; Appointment of Receiver, Etc (i) Holdings or any of its Subsidiaries shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or Holdings or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the board of directors (or similar governing body) of Holdings or any of its Subsidiaries (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f); or

  • Involuntary Bankruptcy; Appointment of Receiver, Etc (i) The entry by a court of competent jurisdiction of a decree or order for relief in respect of Holdings, the Borrower or any Significant Subsidiary in an involuntary case under any Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal, provincial, territorial, state or local Requirement of Law; or (ii) the commencement of an involuntary case against Holdings, the Borrower or any Significant Subsidiary under any Debtor Relief Law; the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, administrator, custodian, monitor or other officer having similar powers over Holdings, the Borrower or any Significant Subsidiary, or over all or a substantial part of its property; or the involuntary appointment of an interim receiver, trustee or other custodian of Holdings, the Borrower or any Significant Subsidiary for all or a substantial part of its property, which remains undismissed, unvacated, unbounded or unstayed pending appeal for 60 consecutive days; or

  • Appointment of Representative (a) Selection Upon the occurrence of an Event of Default, a single representative shall be appointed to represent all of the Holders (the “Representative”). The Representative (i) may, but need not, be a Holder; (ii) shall not be affiliated with or related to the Company; and (iii) shall be selected by the Holders as follows: 1. For a period of up to twenty (20) business days following the Notice of Default, the Holders shall confer among themselves as to the appointment of a Representative. 2. If at any time during such twenty (20) day period, the Holders of a majority of the Notes, measured by the original Principal Amount of each such Note (a “Majority”), agree as to the appointment of a Representative, that person shall be the Representative.

  • Appointment of Advisor The Trust hereby employs the Advisor and the Advisor hereby accepts such employment, to render investment advice and related services with respect to the assets of the Fund for the period and on the terms set forth in this Agreement, subject to the supervision and direction of the Trust’s Board of Trustees (the “Board of Trustees”).

  • Successor Administrator If a successor Administrator for the Investment Company shall be appointed by the Investment Company, FAS shall upon termination of this Agreement deliver to such successor Administrator at the office of FAS all properties of the Investment Company held by it hereunder. If no such successor Administrator shall be appointed, FAS shall at its office upon receipt of Proper Instructions deliver such properties in accordance with such instructions. Each Fund will bear all out-of-pocket expenses arising from the transition of Administrative Services to a successor Administrator, including without limitation the expenses of moving or transmitting materials to the successor Administrator.

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