Common use of Powers Exercisable by Trustee or Receiver Clause in Contracts

Powers Exercisable by Trustee or Receiver. In case the Collateral (other than any cash, Cash Equivalents, securities and other personal property held by, or required to be deposited or pledged with, the Collateral Agent hereunder or under the Collateral Documents) shall be in the possession of a receiver or trustee lawfully appointed, the powers hereinbefore in this Article 4 conferred upon the Obligors with respect to the withdrawal or application of Trust Moneys may be exercised by such receiver or trustee, in which case a certificate signed by such receiver or trustee shall be deemed the equivalent of any Officers' Certificate required by this Article. If the Collateral Agent shall be in possession of any of the Collateral hereunder or under any of the Collateral Documents, such powers may be exercised by the Collateral Agent in its discretion, provided, however, that the Collateral Agent shall not be required to exercise any such powers.

Appears in 2 contracts

Samples: Intercreditor and Collateral Agency Agreement (Pci Carolina Inc), Intercreditor and Collateral Agency Agreement (Pioneer East Inc)

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Powers Exercisable by Trustee or Receiver. In case the Collateral (other than any cashCash Collateral, Cash Equivalents, securities Possessory Collateral and other personal property Property held by, or required to be deposited or pledged with, with the Collateral Agent Trustee hereunder or under the Collateral Security Documents) shall be in the possession of a receiver or trustee lawfully appointed, the powers hereinbefore in this Article 4 IX conferred upon the Obligors Credit Parties with respect to the withdrawal or application of Trust Moneys may be exercised by such receiver or trustee, in which case a certificate signed by such receiver or trustee shall be deemed the equivalent of any Officers' Certificate required by this ArticleArticle IX. If the Collateral Agent Trustee shall be in possession of any of the Collateral hereunder or under any of the Collateral Security Documents, such powers may be exercised by the Collateral Agent Trustee in its discretion, provided, however, discretion (it being understood that the Collateral Agent Trustee shall not be required have no obligation to exercise any such powers.). Indenture --------- - 104 -

Appears in 1 contract

Samples: Global Security Agreement (Global Crossing LTD)

Powers Exercisable by Trustee or Receiver. In case the Collateral (other than any cashCash Collateral, Cash Equivalents, securities Possessory Collateral and other personal property Property held by, or required to be deposited or pledged with, with the Collateral Agent Trustee hereunder or under the Collateral Security Documents) shall be in the possession of a receiver or trustee lawfully appointed, the powers hereinbefore in this Article 4 IX Indenture conferred upon the Obligors Credit Parties with respect to the withdrawal or application of Trust Moneys may be exercised by such receiver or trustee, in which case a certificate signed by such receiver or trustee shall be deemed the equivalent of any Officers' ’ Certificate required by this ArticleArticle IX. If the Collateral Agent Trustee shall be in possession of any of the Collateral hereunder or under any of the Collateral Security Documents, such powers may be exercised by the Collateral Agent Trustee in its discretion, provided, however, discretion (it being understood that the Collateral Agent Trustee shall not be required have no obligation to exercise any such powers).

Appears in 1 contract

Samples: Global Security Agreement (Global Crossing LTD)

Powers Exercisable by Trustee or Receiver. In case the Collateral (other than any cashCash Collateral, Cash Equivalents, securities Possessory Collateral and other personal property Property held by, or required to be deposited or pledged with, with the Collateral Agent Trustee hereunder or under the Collateral Security Documents) shall be in the possession of a receiver or trustee lawfully appointed, the powers hereinbefore in this Article 4 IX conferred upon the Obligors Credit Parties with respect to the withdrawal or application of Trust Moneys may be exercised by such receiver or trustee, in which case a certificate signed by such receiver or trustee shall be deemed the equivalent of any Officers' Certificate required by this ArticleArticle IX. If the Collateral Agent Trustee shall be in possession of any of the Collateral hereunder or under any of the Collateral Security Documents, such powers may be exercised by the Collateral Agent Trustee in its discretion, provided, however, discretion (it being understood that the Collateral Agent Trustee shall not be required have no obligation to exercise any such powers.). Indenture

Appears in 1 contract

Samples: Intercreditor Agreement (Global Crossing LTD)

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Powers Exercisable by Trustee or Receiver. In case the Collateral (other than any cashCash Collateral, Cash Equivalents, securities Possessory Collateral and other personal property Property held by, or required to be deposited or pledged with, the Collateral Agent Trustee hereunder or under the Collateral Security Documents) shall be in the possession of a receiver or trustee lawfully appointed, the powers hereinbefore in this Article 4 IX conferred upon the Obligors Credit Parties with respect to the withdrawal or application of Trust Moneys may be exercised by such receiver or trustee, in which case a certificate signed by such receiver or trustee shall be deemed the equivalent of any Officers' Certificate required by this ArticleArticle IX. If the Collateral Agent Trustee shall be in possession of any of the Collateral hereunder or under any of the Collateral Security Documents, such powers may be exercised by the Collateral Agent Trustee in its discretion, provided, however, discretion (it being understood that the Collateral Agent Trustee shall not be required have no obligation to exercise any such powers).

Appears in 1 contract

Samples: Intercreditor Agreement (Global Crossing North America Inc)

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