Common use of Concerning a Receiver Clause in Contracts

Concerning a Receiver. (a) Any receiver appointed by the Agent shall be vested with all rights and remedies which could have been exercised by the Agent in respect of the Corporation or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The choice of receiver and its remuneration are within the sole and unfettered discretion of the Agent. (b) Any receiver appointed by the Agent shall act as agent for the Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Corporation. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Corporation or as agent for the Agent as the Agent may determine in its discretion. The Corporation agrees to ratify and confirm all actions of the receiver acting as agent for the Corporation, and to release and indemnify the receiver in respect of all such actions, except with respect to the gross negligence or willful misconduct of the receiver. (c) The Agent, in appointing or refraining from appointing any receiver, shall not incur any liability to the receiver, the Corporation or otherwise and is not responsible for any misconduct or negligence of such receiver.

Appears in 3 contracts

Samples: Security Agreement (E-World Usa Holding,inc), Security Agreement (E-World Usa Holding,inc), Security Agreement (E-World Usa Holding,inc)

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Concerning a Receiver. (a) Any receiver appointed by the Agent Lender shall be vested with all rights of the Lender and all of the remedies which could have been exercised by the Agent Lender in respect of the Corporation Debtor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The choice of receiver and its remuneration are shall be within the sole and unfettered discretion of the AgentLender. (b) Any receiver appointed by the Agent Lender shall act as agent for the Agent Lender for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the CorporationDebtor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Corporation Debtor or as agent for the Agent Lender as the Agent Lender may determine in its sole discretion. The Corporation Debtor agrees to ratify and confirm all actions of the receiver acting as agent for the CorporationDebtor, and to release and indemnify the receiver in respect of all such actions, except with respect to the gross negligence or willful misconduct of the receiver. (c) The AgentLender, in appointing or refraining from appointing any receiver, shall not incur any liability to the receiver, the Corporation Debtor or otherwise any other Person and is shall not be responsible for any misconduct or negligence of such receiverPerson.

Appears in 1 contract

Samples: Security Agreement

Concerning a Receiver. (a) Any receiver appointed by the Agent Lender shall be vested with all rights and remedies which could have been exercised by the Agent Lender in respect of the Corporation or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The choice of receiver and its remuneration are within the sole and unfettered discretion of the AgentLender. (b) Any receiver appointed by the Agent Lender shall act as agent for the Agent Lender for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Corporation. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Corporation or as agent for the Agent Lender as the Agent Lender may determine in its discretion. The Corporation agrees to ratify and confirm all actions of the receiver acting as agent for the Corporation, and to release and indemnify the receiver in respect of all such actions, except with respect to the gross negligence or willful misconduct of the receiver. (c) The AgentLender, in appointing or refraining from appointing any receiver, shall not incur any liability to the receiver, the Corporation or otherwise and is not responsible for any misconduct or negligence of such receiver.

Appears in 1 contract

Samples: Security Agreement (Canadian Cannabis Corp.)

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Concerning a Receiver. (a) Any receiver appointed by the Agent shall be vested with all rights of the Agent and all of the remedies which could have been exercised by the Agent in respect of the Corporation Obligors or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The choice of receiver and its remuneration are shall be within the sole and unfettered discretion of the Agent. (b) Any receiver appointed by the Agent shall act as agent for the Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the CorporationObligors. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Corporation Obligors or as agent for the Agent as the Agent may determine in its sole discretion. The Corporation agrees Obligors agree to ratify and confirm all actions of the receiver acting as agent for the CorporationObligors, and to release and indemnify the receiver in respect of all such actions, except with respect to the gross negligence or willful misconduct of the receiver.. CAN_DMS: \132141408\5 16 (c) The Agent, in appointing or refraining from appointing any receiver, shall not incur any liability to the receiver, the Corporation Obligors or otherwise any other Person and is shall not be responsible for any misconduct or negligence of such receiverPerson.

Appears in 1 contract

Samples: Canadian Security Agreement (Tilray, Inc.)

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