Common use of Concerning the Receiver Clause in Contracts

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.

Concerning the Receiver. (1) Any receiver appointed by the Bond Trustee Collateral Agent shall be vested with the rights and remedies which could have been exercised by the Bond Trustee Collateral Agent in respect of the Guarantor 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 Bond TrusteeCollateral Agent. (2) Any receiver appointed by the Bond Trustee Collateral Agent shall act as agent for the Bond Trustee Collateral 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 GuarantorGrantor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Guarantor Grantor or as agent for the Bond Trustee Collateral Agent as the Bond Trustee Collateral Agent may determine in its discretion. The Guarantor Grantor agrees to ratify and confirm all actions of the receiver acting as agent for the GuarantorGrantor, and to release and indemnify the receiver in respect of all such actions. (3) The Bond TrusteeCollateral Agent, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Guarantor Grantor or otherwise and shall not be responsible for any misconduct or negligence of such receiver.

Concerning the Receiver. (1) Any receiver appointed by the Bond Trustee Lender shall be vested with the rights and remedies which could have been exercised by the Bond Trustee Lender in respect of the Guarantor Borrower or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any instrument or instruments supplemental instrumentsthereto. The identity of the receiver, its any replacement thereof and its any remuneration thereof shall be within the sole and unfettered discretion of the Bond TrusteeLender. (2) Any receiver appointed by the Bond Trustee Lender shall act as agent for the Bond Trustee 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 GuarantorBorrower. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Guarantor Borrower or as agent for the Bond Trustee Lender (but in all cases shall take direction from the Lender) as the Bond Trustee Lender may determine in its sole and unfettered discretion. The Guarantor Borrower agrees to ratify and confirm all actions of the receiver acting as agent for the GuarantorBorrower, and to release and indemnify the receiver in respect of all such actions. (3) The Bond TrusteeLender, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Guarantor Borrower or otherwise and shall not be responsible for any misconduct or negligence of such receiver.

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 LP 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 GuarantorGuarantor LP. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Guarantor LP or as agent for the Bond Trustee as the Bond Trustee may determine in its discretion. The Guarantor LP agrees to ratify and confirm all actions of the receiver acting as agent for the GuarantorGuarantor LP, 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 LP or otherwise and shall not be responsible for any misconduct or negligence of such receiver.

Concerning the Receiver. (1) Any receiver appointed by the Bond Trustee Lender shall be vested with the rights and remedies which could have been exercised by the Bond Trustee Lender in respect of the Guarantor Borrower or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any instrument or instruments supplemental instrumentsthereto. The identity of the receiver, its any replacement thereof and its any remuneration thereof shall be within the sole and unfettered discretion of the Bond TrusteeLender. (2) Any receiver appointed by the Bond Trustee Lender shall act as agent for the Bond Trustee 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 GuarantorBorrower. The receiver may sell, leaseassign, license, sub-license, grant options or options to purchase or otherwise dispose of Collateral Collateral, including all associated goodwill, as agent for the Guarantor Borrower or as agent for the Bond Trustee Lender (but in all cases shall take direction from the Lender) as the Bond Trustee Lender may determine in its sole and unfettered discretion. The Guarantor Borrower agrees to ratify and confirm all actions of the receiver acting as agent for the GuarantorBorrower, and to release and indemnify the receiver in respect of all such actionsactions other than actions constituting gross negligence or misconduct. (3) The Bond TrusteeLender, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Guarantor Borrower or otherwise and shall not be responsible for any misconduct or negligence of such receiver.

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 LP 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 GuarantorGuarantor LP. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Guarantor LP or as agent for the Bond Trustee as the Bond Trustee may determine in its discretion. The Guarantor LP agrees to ratify and confirm all actions of the receiver acting as agent for the GuarantorGuarantor LP, 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 LP or otherwise and shall not be responsible for any misconduct or negligence of such receiver.