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, Temporary Cash Investments, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a prior Lien) shall be in the possession of a receiver or trustee lawfully appointed, the powers hereinbefore in this Article 13 conferred upon Issuer and any Guarantor, as applicable, with respect to the withdrawal or application of Trust Monies 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 13. If the Trustee shall be in possession of any of the Collateral hereunder or under any of the Security Documents, such powers may be exercised by the Trustee, in its discretion.

Appears in 1 contract

Samples: Indenture (Terra Capital Inc)

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Powers Exercisable by Trustee or Receiver. In case the Collateral (other than any cash, Temporary Cash InvestmentsEquivalents, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a Lien permitted by the Security Documents to be prior Liento the Security Interests) shall be in the possession of a receiver or trustee lawfully appointed, the powers hereinbefore in this Article 13 XII conferred upon Issuer and any Guarantor, as applicable, the Company or the relevant Guarantor with respect to the withdrawal or application of Trust Monies 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 13XII. If the Trustee shall be in possession of any of the Collateral hereunder or under any of the Security Documents, such powers may be exercised by the Trustee, in its discretion.

Appears in 1 contract

Samples: Indenture (Continental Caribbean Containers Inc)

Powers Exercisable by Trustee or Receiver. In case ----------------------------------------- the Collateral (other than any cash, Temporary Cash Investments, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a prior Prior Lien) shall be in the possession of a receiver or trustee lawfully appointed, the powers hereinbefore in this Article 13 conferred upon Issuer and any Guarantor, as applicable, with respect to the withdrawal or application of Trust Monies 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 13. If the Trustee shall be in possession of any of the Collateral hereunder or under any of the Security Documents, such powers may be exercised by the Trustee, in its discretion.

Appears in 1 contract

Samples: Indenture (Terra Industries Inc)

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Powers Exercisable by Trustee or Receiver. In case the Collateral (other than any cash, Temporary Cash InvestmentsMarketable Securities, securities and other personal property held by, or required to be deposited or pledged with, the Trustee hereunder or under the Security Documents or with the trustee, mortgagee or other holder of a prior Prior Lien) shall be in the possession of a receiver or trustee lawfully appointed, the powers hereinbefore in this Article 13 12 conferred upon Issuer the Company and any GuarantorPledgor, as applicable, with respect to the withdrawal or application of Trust Monies 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 1312. If the Trustee shall be in possession of any of the Collateral hereunder or under any of the Security Documents, such powers may be exercised by the Trustee, in its discretion.

Appears in 1 contract

Samples: Indenture (Alaris Medical Systems Inc)

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