Concerning the Receiver Sample Clauses

Concerning the Receiver. (1) Any receiver appointed by the Bond Trustee shall be vested with the rights and remedies which could have been exercised by the Bond Trustee in respect of the Guarantor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be within the sole and unfettered discretion of the Bond Trustee. (2) Any receiver appointed by the Bond Trustee shall act as agent for the Bond Trustee for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Guarantor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Guarantor or as agent for the Bond Trustee as the Bond Trustee may determine in its discretion. The Guarantor agrees to ratify and confirm all actions of the receiver acting as agent for the Guarantor, and to release and indemnify the receiver in respect of all such actions. (3) The Bond Trustee, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Guarantor or otherwise and shall not be responsible for any misconduct or negligence of such receiver.
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Concerning the Receiver. (1) Any receiver appointed by the Subscriber will be vested with the rights and remedies that could have been exercised by the Subscriber in respect of Nano or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any instrument or instruments supplemental thereto. The identity of the receiver, any replacement thereof and any remuneration thereof will be within the sole and unfettered discretion of the Subscriber. (2) Any receiver appointed by the Subscriber will act as agent for the Subscriber for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below) as agent for Nano. The receiver may sell, lease or otherwise dispose of Collateral as agent for Nano or as agent for the Subscriber as the Subscriber may determine in his discretion. Xxxx agrees to ratify and confirm all actions of the receiver acting as agent for Xxxx, and to release and indemnify the receiver in respect of all such actions. (3) The Subscriber in appointing or refraining from appointing any receiver will not incur liability to the receiver, Nano or otherwise and will not be responsible for any misconduct or negligence of such receiver.
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Concerning the Receiver. (1) Any receiver appointed by the Canadian Agent shall be vested with the rights and remedies which could have been exercised by the Canadian Agent in respect of the Grantor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be within the sole and unfettered discretion of the Canadian Agent. (2) Any receiver appointed by the Canadian Agent shall act as agent for the Canadian 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 Grantor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Grantor or as agent for the Canadian Agent as the Canadian Agent may determine in its discretion. The Grantor agrees to ratify and confirm all actions of the receiver acting as agent for the. Grantor, and to release and indemnify the receiver in respect of all such actions. (3) The Canadian Agent, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Grantor or otherwise and shall not be responsible for any misconduct or negligence of such receiver.
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Concerning the Receiver. (1) Any receiver appointed by the Lender shall be vested with the rights and remedies which could have been exercised by the 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 instrument or instruments supplemental thereto. The identity of the receiver, any replacement thereof and any remuneration thereof shall be within the sole and unfettered discretion of the Lender. (2) Any receiver appointed by the Lender shall act as agent for the 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 Lender as the 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. (3) The Lender, in appointing or refraining from appointing any receiver shall not incur liability to the receiver, the Corporation or otherwise and shall not be responsible for any misconduct or negligence of such receiver.
Sample 1
Concerning the Receiver. (1) Any receiver appointed by the Sub-Agent, for the benefit of the Canadian Lenders, shall be vested with the rights and remedies which could have been exercised by the Sub-Agent or the Canadian Lenders in respect of the Debtor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any instrument or instruments supplemental thereto. The identity of the receiver, any replacement thereof and any remuneration thereof shall be within the sole and unfettered discretion of the Sub-Agent. (2) Any receiver appointed by the Sub-Agent for the benefit of the Canadian Lenders shall act as agent for the Sub-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 Debtor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Debtor or as agent for the Sub- Agent, for the benefit of the Canadian Lenders, as the Sub-Agent may determine in its discretion. The Debtor agrees to ratify and confirm all actions of the receiver acting as agent for the Debtor, and to release and indemnify the receiver in respect of all such actions. (3) The Sub-Agent, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Debtor or otherwise and shall not be responsible for any misconduct or negligence of such receiver.
Sample 1
Concerning the Receiver. (a) Any receiver appointed by Royal Gold shall be vested with the rights and remedies which could have been exercised by Royal Gold in respect of the Debtor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any instrument or instruments supplemental thereto. The identity of the receiver, any replacement thereof and any remuneration thereof shall be within the sole and unfettered discretion of Royal Gold. (b) Any receiver appointed by Royal Gold shall act as agent for Royal Gold for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below and with respect to its discharge) as agent for the Debtor. The receiver may sell, lease, licence or otherwise dispose of the Collateral as agent for the Debtor or as agent for Royal Gold as Royal Gold may determine in its sole discretion. The Debtor agrees to ratify and confirm all actions of \\DE - 087899/000014 - 315877 v10 the receiver acting as agent for the Debtor, and to release and indemnify the receiver in respect of all such actions, excluding any willful misconduct or gross negligence of such receiver. (c) Royal Gold, in appointing or refraining from appointing any receiver, shall not incur any liability to the receiver, the Debtor or otherwise and shall not be responsible for any actions or failure to act on the part of such receiver (excluding any willful misconduct or gross negligence of such receiver).
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Concerning the Receiver. Any Receiver appointed by the lender shall be vested with the rights and remedies which could have been exercised by the 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 instrument or instruments supplemental thereto. The identity of the Receiver, any replacement thereof and any remuneration thereof shall be within the sole and unfettered discretion of the lender.
Sample 1
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Concerning the Receiver. Any receiver appointed by TMI shall be vested with the rights and remedies which could have been exercised by TMI in respect of the Satellite Collateral. The identity of the receiver, any replacement thereof and any remuneration thereof shall be within the sole and unfettered discretion of TMI.
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Related to Concerning the Receiver

  • Concerning the Trustee SECTION 8.01.

  • Concerning the Holders Section 8.01. Action by Holders 44 Section 8.02. Proof of Execution by Holders 44 Section 8.03. Who Are Deemed Absolute Owners 44 Section 8.04. Company-Owned Notes Disregarded 45 Section 8.05. Revocation of Consents; Future Holders Bound 45

  • SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.

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