Common use of Powers of Receiver Clause in Contracts

Powers of Receiver. Any Receiver appointed by the Secured Party shall have the power: (a) to take possession of and get in all or any part of the Collateral; (b) to carry on, manage and conduct or to concur in the carrying on, management and conduct of the business of the Debtor and to receive the revenues, incomes, issues and profits of the Collateral and of carrying on the business of the Debtor and to pay therefrom all expenses, charges and borrowings incurred or payable in carrying on the business or otherwise; (c) to borrow monies for the purposes of the business of the Debtor, the maintenance and preservation of the Collateral or any part thereof and in so doing the Receiver may issue certificates payable when the Receiver thinks expedient and bearing interest as stated therein and the amounts from time to time payable thereunder shall charge the Collateral in priority to this Agreement; (d) to sell and dispose of any or all of the Collateral at public auction, by public or private tender or by private sale at such time and on such terms and conditions as to credit or otherwise and as to upset or reserve bid or price, and as to method of payment whether by way of deferred payment or otherwise, as the Receiver shall in its sole discretion determine and to deliver to the purchaser or purchasers of the Collateral good and sufficient deeds or title documents for the same, the Receiver being hereby constituted the irrevocable attorney of the Debtor for the purpose of making such sale and executing such deeds and transfer documents and any such sale shall be absolute and conclusive as against the Debtor or any person claiming by, from, through or under the Debtor and the Debtor's assigns; (e) to make any arrangement or compromise which the Receiver shall deem expedient; (f) to xxx or defend any action in the name of the Debtor; (g) to lease or concur in the leasing of the whole or any part of the Collateral; (h) to exercise all or any of the powers or rights incident to the ownership of the Collateral; (i) to employ or retain for the execution of the duties and powers conferred upon him hereunder such agents, assistants, professional advisors or other persons as required on the terms and at the remuneration the Receiver considers proper; (j) to release any of the Collateral which in the Receiver's opinion is unprofitable or unrealizable or a source of loss or danger; (k) to exercise all rights and powers of the Secured Party hereunder and to act generally in relation to the Collateral in such manner and on such terms as may be expedient and in the best interests of the Secured Party; (l) to agree to any modification, compromise, release or waiver of the rights of the Secured Party against the Debtor or against the Collateral whether such rights shall arise under this Agreement or otherwise; (m) if a sale is on credit, the Receiver shall not be accountable for any monies until actually received.

Appears in 3 contracts

Samples: General Security Agreement (Scout Exploration, Inc), General Security Agreement (Scout Exploration, Inc), General Security Agreement (Scout Exploration, Inc)

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Powers of Receiver. (a) Any Receiver appointed by receiver (which term includes a receiver and manager) shall have all of the Secured Party powers of the Vendors set forth in this Security Agreement and, in addition, shall have the powerfollowing powers: (ai) to lease all or any portion of the Collateral and for this purpose execute contracts in the name of the Debtor, which contracts shall be binding upon the Debtor and the Debtor, upon an Event of Default that is continuing, hereby irrevocably constitutes such receiver as its attorney for such purposes; (ii) to take possession of and get in all or any part of the Collateral; (b) , collect all rents, issues, incomes and profits derived therefrom and realize upon any additional or collateral security granted by the Debtor to carry on, manage the Vendors and conduct or to concur for that purpose may take any proceedings in the carrying on, management and conduct of the business name of the Debtor or otherwise; and to receive the revenues, incomes, issues and profits of the Collateral and of carrying carry on the business of the Debtor and to pay therefrom all expenses, charges and borrowings incurred or payable concur in carrying on the business or otherwise; (c) to which the Debtor is conducting and for that purpose the receiver may borrow monies for money on the purposes security of the business of the Debtor, the maintenance and preservation of the Collateral or any part thereof and in so doing the Receiver may issue certificates payable when the Receiver thinks expedient and bearing interest as stated therein and the amounts from time to time payable thereunder shall charge the Collateral in priority to this Security Agreement; (db) to sell and dispose of any or all of the Collateral at public auction, by public or private tender or by private sale at such time and on such terms and conditions as to credit or otherwise and as to upset or reserve bid or price, and as to method of payment whether by way of deferred payment or otherwise, as the Receiver shall in its sole discretion determine and to deliver Any receiver appointed pursuant to the purchaser or purchasers of the Collateral good and sufficient deeds or title documents for the same, the Receiver being hereby constituted the irrevocable attorney of the Debtor for the purpose of making such sale and executing such deeds and transfer documents and any such sale provisions hereof shall be absolute and conclusive as against deemed to be the Debtor or any person claiming by, from, through or under the Debtor and the Debtor's assigns; (e) to make any arrangement or compromise which the Receiver shall deem expedient; (f) to xxx or defend any action in the name agent of the Debtor; (g) to lease or concur in the leasing of the whole or any part of the Collateral; (h) to exercise all or any of the powers or rights incident , to the ownership of extent permitted by applicable law, for the Collateral;purposes of: (i) to employ or retain for carrying on and managing the execution business and affairs of the duties and powers conferred upon him hereunder such agentsDebtor, assistants, professional advisors or other persons as required on the terms and at the remuneration the Receiver considers proper;and (jii) to release any establishing liability for all of the Collateral which in the Receiver's opinion is unprofitable acts or unrealizable or a source of loss or danger; (k) to exercise all rights and powers omissions of the Secured Party receiver while acting in any capacity hereunder and to act generally in relation to the Collateral in such manner and on such terms as may be expedient and in the best interests of the Secured Party; (l) to agree to any modification, compromise, release or waiver of the rights of the Secured Party against the Debtor or against the Collateral whether such rights shall arise under this Agreement or otherwise; (m) if a sale is on credit, the Receiver Vendors shall not be accountable liable for any monies until actually receivedsuch acts or omissions, provided that, without restricting the generality of the foregoing, the Debtor irrevocably authorizes the Vendors to give instructions to the receiver relating to the performance of its duties as set out herein.

Appears in 3 contracts

Samples: Security Agreement (Teleplus Enterprises Inc), Security Agreement (Teleplus Enterprises Inc), Security Agreement (Teleplus Enterprises Inc)

Powers of Receiver. (a) Any Receiver appointed by the Secured Party pursuant to Section 8.3(a)(xi) shall have the powerpower without legal process: (ai) to take possession of and get in all the Secured Property or any part of thereof wherever the Collateralsame may be found; (bii) to carry on, manage and conduct or to concur in the carrying on, management and conduct of the business of the Debtor and to receive the revenues, incomes, issues and profits of the Collateral and of carrying on the business of the Debtor and to pay therefrom all expenses, charges and borrowings incurred or payable in carrying on the business or otherwise; (c) to borrow monies for the purposes of the business of the Debtor, the maintenance and preservation of the Collateral Borrowers or any part thereof and in so doing the Receiver may issue certificates payable when the Receiver thinks expedient and bearing interest as stated therein and the amounts from time to time payable thereunder shall charge the Collateral in priority to this Agreement; (d) to sell and dispose of any or all of the Collateral at public auction, by public or private tender or by private sale at such time and on such terms and conditions as to credit or otherwise and as to upset or reserve bid or price, and as to method of payment whether by way of deferred payment or otherwise, as the Receiver shall in its sole discretion determine and to deliver to the purchaser or purchasers of the Collateral good and sufficient deeds or title documents for the same, the Receiver being hereby constituted the irrevocable attorney of the Debtor for the purpose of making such sale and executing such deeds and transfer documents and any such sale shall be absolute and conclusive as against the Debtor or any person claiming by, from, through or under the Debtor and the Debtor's assigns; (e) to make any arrangement or compromise which the Receiver shall deem expedient; (f) to xxx or defend any action in the name of the Debtor;Borrowers or of the Receiver; and (g) to lease or concur in the leasing of the whole or any part of the Collateral; (hiii) to exercise on behalf of each Lender all or any of the powers or rights incident to the ownership of the Collateral; (i) to employ or retain for the execution of the duties and powers conferred upon him hereunder such agents, assistants, professional advisors or other persons as required on the terms and at the remuneration the Receiver considers proper; (j) to release any of the Collateral which in the Receiver's opinion is unprofitable or unrealizable or a source of loss or danger; (k) to exercise all rights and powers of the Secured Party hereunder and to act generally in relation to the Collateral in such manner and on such terms as may be expedient and in the best interests of the Secured Party; (l) to agree to any modification, compromise, release or waiver of the rights of and remedies herein granted to the Secured Party against Lenders, and without in any way limiting the Debtor or against the Collateral whether such rights shall arise under this Agreement or otherwise; (m) if a sale is on creditforegoing, the Receiver shall have all the powers of a receiver appointed by a court of competent jurisdiction. Any Receiver appointed by Phoenix shall act as agent for the Lenders for the purposes of taking possession of the Secured Property, but otherwise and for all other purposes (except as provided below), as agent for the Borrowers. (b) The Receiver may sell, lease, or otherwise dispose of Secured Property as agent for the Borrowers or as agent for the Lenders, as Phoenix may determine in its discretion. The Borrowers agree to ratify and confirm all actions of the Receiver acting as agent for the Borrowers, and to release and indemnify the Receiver in respect of all such actions. The Lenders, in appointing or refraining from appointing any Receiver, shall not incur liability to the Receiver, the Borrowers or otherwise and shall not be accountable responsible for any monies until actually receivedmisconduct or negligence of such Receiver or for any loss resulting therefrom.

Appears in 2 contracts

Samples: Debenture Purchase Agreement (Xplore Technologies Corp), Debenture Purchase Agreement (Xplore Technologies Corp)

Powers of Receiver. Any Each Receiver appointed under this Debenture shall have (subject to any limitations or restrictions which the Security Agent may incorporate in the deed or instrument appointing it) all the powers conferred from time to time on receivers by the Secured Party Law of Property Act 1925 and the Insolvency Act 1986 (each of which is deemed incorporated in this Debenture), so that the powers set out in schedule 1 to the Insolvency Act 1986 shall extend to every Receiver, whether or not an administrative receiver. In addition, notwithstanding any liquidation of the Chargor, each Receiver shall have the powerpower to: (a) to take possession of and get in all 12.2.1 manage, develop, reconstruct, amalgamate or diversify any part of the Collateral; (b) to carry on, manage and conduct or to concur in the carrying on, management and conduct of the business of the Debtor and to receive the revenues, incomes, issues and profits of the Collateral and of carrying on the business of the Debtor and to pay therefrom all expenses, charges and borrowings incurred or payable in carrying on the business or otherwiseChargor; (c) 12.2.2 enter into or cancel any contracts on any terms or conditions; 12.2.3 incur any liability on any terms, whether secured or unsecured, and whether to borrow monies rank for the purposes of the business of the Debtor, the maintenance and preservation of the Collateral or any part thereof and in so doing the Receiver may issue certificates payable when the Receiver thinks expedient and bearing interest as stated therein and the amounts from time to time payable thereunder shall charge the Collateral payment in priority to this Agreementsecurity or not; (d) 12.2.4 establish subsidiaries to sell and dispose of acquire interests in any or all of the Collateral at public auctionCharged Property and/or arrange for those subsidiaries to trade or cease to trade and acquire any of the Charged Property on any terms and conditions; 12.2.5 exercise all voting and other rights attaching to the Shares and stocks, shares and other securities owned by public the Chargor and comprised in the Charged Property, but only following a written notification from either the Receiver or private tender the Security Agent to the Chargor stating that the Security Agent shall exercise all voting rights in respect of the Shares and stocks, shares and other securities owned by the Chargor and comprised in the Charged Property; 12.2.6 redeem any prior Security on or relating to the Charged Property and settle and pass the accounts of the person entitled to that prior Security, so that any accounts so settled and passed shall (subject to any manifest error) be conclusive and binding on the Chargor and the money so paid shall be deemed to be an expense properly incurred by the Receiver; 12.2.7 appoint and discharge officers and others for any of the purposes of this Debenture upon terms as to remuneration or otherwise as they may think fit; 12.2.8 settle any claims, accounts, disputes, questions and demands with or by private sale at such time any person who is or claims to be a creditor of the Chargor or relating to any of the Charged Property; 12.2.9 purchase or acquire any land or any interest in or right over land; and 12.2.10 do all other acts and on such terms things (including signing and conditions as to credit or otherwise executing all documents and as to upset or reserve bid or price, and as to method of payment whether by way of deferred payment or otherwise, deeds) as the Receiver shall considers to be incidental or conducive to any of the matters or powers in its sole discretion determine and to deliver this Clause 12.2, or otherwise incidental or conducive to the purchaser preservation, improvement or purchasers realisation of the Collateral good Charged Property, and sufficient deeds or title documents for the same, the Receiver being hereby constituted the irrevocable attorney of the Debtor for the purpose of making such sale and executing such deeds and transfer documents and any such sale shall be absolute and conclusive as against the Debtor or any person claiming by, from, through or under the Debtor and the Debtor's assigns; (e) to make any arrangement or compromise which the Receiver shall deem expedient; (f) to xxx or defend any action in use the name of the Debtor; (g) to lease or concur Chargor for all such purposes, and in each case may use the leasing name of the whole or Chargor and exercise the relevant power in any part of the Collateral; (h) to exercise all or any of the powers or rights incident to the ownership of the Collateral; (i) to employ or retain for the execution of the duties and powers conferred upon him hereunder such agents, assistants, professional advisors or other persons as required on the terms and at the remuneration the Receiver considers proper; (j) to release any of the Collateral manner which in the Receiver's opinion is unprofitable or unrealizable or a source of loss or danger; (k) to exercise all rights and powers of the Secured Party hereunder and to act generally in relation to the Collateral in such manner and on such terms as they may be expedient and in the best interests of the Secured Party; (l) to agree to any modification, compromise, release or waiver of the rights of the Secured Party against the Debtor or against the Collateral whether such rights shall arise under this Agreement or otherwise; (m) if a sale is on credit, the Receiver shall not be accountable for any monies until actually receivedthink fit.

Appears in 2 contracts

Samples: Debenture, Debenture

Powers of Receiver. Any 15.1 A Receiver appointed by the Secured Party Lender under this Debenture shall be the agent of the Company and the Company shall be solely responsible for his acts and remuneration as well as for any defaults committed by him and further the Receiver shall in addition to the powers conferred on him by the Law of Property Xxx 0000 have power:- 15.1.1 to do all such acts and things as an absolute owner could do in the power:management of all or any of the Charged Property and in particular:- 15.1.2 to undertake or complete any works of repair, building or development on the Properties; 15.1.3 to grant or to accept surrenders of any leases or tenancies affecting the Properties upon such terms and subject to such conditions as he thinks fit; 15.1.4 to provide services and employ or engage such managers contractors and other personnel and professional advisors on such terms as he deems expedient; and 15.1.5 to make such elections for value added tax purposes as he thinks fit; 15.2 to charge and receive such sum by way of remuneration (ain addition to all costs, charges and expenses incurred by him) as the Lender may prescribe or agree with the Receiver; 15.3 to collect and get in the Charged Property in respect of which he is appointed or any part thereof and for that purpose to make such demands and take any proceedings as may seem expedient and to take possession of the Charged Property with like rights; 15.4 to carry on, manage, develop, reconstruct, amalgamate or diversify or concur in carrying on, managing, developing, reconstructing, amalgamating or diversifying the business of the Company; 15.5 to grant options and get in licences over all or any part of the Collateral; (b) to carry onCharged Property, manage and conduct sell or to concur in the carrying onselling, management assign or concur in assigning, lease or concur in leasing and conduct accept or concur in accepting surrenders of leases of, all or any of the business property of the Debtor and to receive the revenues, incomes, issues and profits Company in respect of the Collateral and of carrying on the business of the Debtor and to pay therefrom all expenses, charges and borrowings incurred or payable in carrying on the business or otherwise; (c) to borrow monies for the purposes of the business of the Debtor, the maintenance and preservation of the Collateral or any part thereof and in so doing which the Receiver may issue certificates payable when the Receiver thinks expedient is appointed in such manner and bearing interest as stated therein and the amounts from time to time payable thereunder shall charge the Collateral in priority to this Agreement; (d) to sell and dispose of any or all of the Collateral at public auction, by public or private tender or by private sale at such time and generally on such terms and conditions as he thinks fit (fixtures and plant and machinery may be severed and sold separately from the premises in which they are contained without the consent of the Company) and to credit carry any such sale, assignment, leasing or otherwise and as to upset or reserve bid or price, and as to method of payment whether by way of deferred payment or otherwise, surrender into effect. Any such sale may be for such consideration as the Receiver shall in its sole discretion determine think fit and to deliver to the purchaser or purchasers of the Collateral good and sufficient deeds or title documents for the same, the Receiver being hereby constituted the irrevocable attorney of the Debtor for the purpose of making such sale and executing such deeds and transfer documents and any such sale shall be absolute and conclusive as against the Debtor or any person claiming by, from, through or under the Debtor and the Debtor's assigns; (e) to make any arrangement or compromise which the Receiver shall deem expedient; (f) to xxx or defend any action in the name of the Debtor; (g) to lease may promote or concur in promoting a company to purchase the leasing of the whole or any part of the Collateralproperty to be sold; (h) 15.6 to exercise sell and assign all or any of the powers or rights incident to the ownership Debts in respect of the Collateral; (i) to employ or retain for the execution of the duties and powers conferred upon him hereunder such agents, assistants, professional advisors or other persons as required on the terms and at the remuneration which the Receiver considers proper; (j) to release any of the Collateral which in the Receiver's opinion is unprofitable or unrealizable or a source of loss or danger; (k) to exercise all rights and powers of the Secured Party hereunder and to act generally in relation to the Collateral appointed in such manner and generally on such terms and conditions as he thinks fit; 15.7 to make any arrangement, settlement or compromise between the Company and any other person which he may think expedient; 15.8 to make and effect such improvements to the Equipment as he may think expedient; 15.9 to make calls conditionally or unconditionally on the members of the Company in respect of the uncalled capital with such and the same powers for that purpose and for the purpose of enforcing payments of any calls so made as are conferred by the Articles of Association of the Company on its Directors in respect of calls authorised to be made by them; 15.10 to appoint managers, officers, servants, workmen and agents for the aforesaid purposes at such salaries and for such periods and on such terms as he may be expedient and determine; 15.11 if he thinks fit, but without prejudice to the indemnity contained in Clause 17, to effect with any insurer any policy or policies of insurance either in lieu or satisfaction of or in addition to such indemnity; 15.12 to exercise all powers provided for in the best interests Law of Property Xxx 0000 in the same way as if the Receiver had been duly appointed thereunder; 15.13 for any of the Secured Party; (l) purposes authorised by this Clause to agree to raise money by borrowing from the Lender or from any modification, compromise, release other person on the security of all or waiver any of the rights Charged Property in respect of which the Secured Party against Receiver is appointed upon such terms (including if the Debtor or against the Collateral whether Lender shall consent terms under which such rights shall arise under security ranks in priority to this Agreement or otherwise; (mDebenture) if a sale is on credit, as the Receiver shall not think fit; 15.14 to redeem any prior Encumbrance and to settle and pass the accounts to which the Encumbrance relates and any accounts so settled and passed will be accountable conclusive and binding on the Company and the moneys so paid will be deemed to be an expense properly incurred by the Receiver; 15.15 to do all such other acts and things as he may consider to be incidental or conducive to any of the matters or powers aforesaid or which the Receiver lawfully may or can do as agent for the Company; and 15.16 to exercise any monies until actually receivedof the above powers on behalf of the Company or on his own behalf (or, in the case of the power contained in Clause 15.9, on behalf of the Directors of the Company).

Appears in 1 contract

Samples: Facility Agreement (Virgin Express Holdings PLC)

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Powers of Receiver. (a) Any Receiver appointed by receiver (which term includes a receiver and manager) shall have all of the Secured Party powers of the Vendors set forth in this Security Agreement and, in addition, shall have the powerfollowing powers: (ai) to take possession of and get in lease all or any part of the Collateral; (b) to carry on, manage and conduct or to concur in the carrying on, management and conduct of the business of the Debtor and to receive the revenues, incomes, issues and profits portion of the Collateral and of carrying on the business of the Debtor and to pay therefrom all expenses, charges and borrowings incurred or payable in carrying on the business or otherwise; (c) to borrow monies for the purposes of the business of the Debtor, the maintenance and preservation of the Collateral or any part thereof and in so doing the Receiver may issue certificates payable when the Receiver thinks expedient and bearing interest as stated therein and the amounts from time to time payable thereunder shall charge the Collateral in priority to this Agreement; (d) to sell and dispose of any or all of the Collateral at public auction, by public or private tender or by private sale at such time and on such terms and conditions as to credit or otherwise and as to upset or reserve bid or price, and as to method of payment whether by way of deferred payment or otherwise, as the Receiver shall in its sole discretion determine and to deliver to the purchaser or purchasers of the Collateral good and sufficient deeds or title documents for the same, the Receiver being hereby constituted the irrevocable attorney of the Debtor for the purpose of making such sale and executing such deeds and transfer documents and any such sale shall be absolute and conclusive as against the Debtor or any person claiming by, from, through or under the Debtor and the Debtor's assigns; (e) to make any arrangement or compromise which the Receiver shall deem expedient; (f) to xxx or defend any action execute contracts in the name of the Debtor, which contracts shall be binding upon the Debtor and the Debtor, upon an Event of Default that is continuing, hereby irrevocably constitutes such receiver as its attorney for such purposes; (gii) to lease or concur in the leasing of the whole or any part take possession of the Collateral;, collect all rents, issues, incomes and profits derived therefrom and realize upon any additional or collateral security granted by the Debtor to the Vendors and for that purpose may take any proceedings in the name of the Debtor or otherwise; and (hb) Any receiver appointed pursuant to exercise all or any the provisions hereof shall be deemed to be the agent of the powers or rights incident Debtor, to the ownership of extent permitted by applicable law, for the Collateral;purposes of: (i) to employ or retain for carrying on and managing the execution business and affairs of the duties and powers conferred upon him hereunder such agentsDebtor, assistants, professional advisors or other persons as required on the terms and at the remuneration the Receiver considers proper;and (jii) to release any establishing liability for all of the Collateral which in the Receiver's opinion is unprofitable acts or unrealizable or a source of loss or danger; (k) to exercise all rights and powers omissions of the Secured Party receiver while acting in any capacity hereunder and to act generally in relation to the Collateral in such manner and on such terms as may be expedient and in the best interests of the Secured Party; (l) to agree to any modification, compromise, release or waiver of the rights of the Secured Party against the Debtor or against the Collateral whether such rights shall arise under this Agreement or otherwise; (m) if a sale is on credit, the Receiver Vendors shall not be accountable liable for any monies until actually receivedsuch acts or omissions, provided that, without restricting the generality of the foregoing, the Debtor irrevocably authorizes the Vendors to give instructions to the receiver relating to the performance of its duties as set out herein.

Appears in 1 contract

Samples: Security Agreement (Teleplus Enterprises Inc)

Powers of Receiver. Any Each Receiver appointed under this Debenture shall have (subject to any limitations or restrictions which the Security Agent may incorporate in the deed or instrument appointing it) all the powers conferred from time to time on receivers by the Secured Party Law of Property Act 1925 and the Insolvency Act 1986 (each of which is deemed incorporated in this Debenture), so that the powers set out in schedule 1 to the Insolvency Act 1986 shall extend to every Receiver, whether or not an administrative receiver. In addition, notwithstanding any liquidation of the Chargor, each Receiver shall have the powerpower to: (a) to take possession of and get in all manage, develop, reconstruct, amalgamate or diversify any part of the Collateralbusiness of the Chargor; (b) to carry on, manage and conduct enter into or to concur in the carrying on, management and conduct of the business of the Debtor and to receive the revenues, incomes, issues and profits of the Collateral and of carrying cancel any contracts on the business of the Debtor and to pay therefrom all expenses, charges and borrowings incurred any terms or payable in carrying on the business or otherwiseconditions; (c) incur any liability on any terms, whether secured or unsecured, and whether to borrow monies rank for the purposes of the business of the Debtor, the maintenance and preservation of the Collateral or any part thereof and in so doing the Receiver may issue certificates payable when the Receiver thinks expedient and bearing interest as stated therein and the amounts from time to time payable thereunder shall charge the Collateral payment in priority to this Agreementsecurity or not; (d) establish subsidiaries to sell and dispose of acquire interests in any or all of the Collateral at public auction, by public Charged Property and/or arrange for those subsidiaries to trade or private tender or by private sale at such time cease to trade and acquire any of the Charged Property on such any terms and conditions as to credit or otherwise and as to upset or reserve bid or price, and as to method of payment whether by way of deferred payment or otherwise, as the Receiver shall in its sole discretion determine and to deliver to the purchaser or purchasers of the Collateral good and sufficient deeds or title documents for the same, the Receiver being hereby constituted the irrevocable attorney of the Debtor for the purpose of making such sale and executing such deeds and transfer documents and any such sale shall be absolute and conclusive as against the Debtor or any person claiming by, from, through or under the Debtor and the Debtor's assignsconditions; (e) exercise all voting and other rights attaching to make any arrangement or compromise which the Shares and stocks, shares and other securities owned by the Chargor and comprised in the Charged Property, but only following a written notification from either the Receiver or the Security Agent to the Chargor stating that the Security Agent shall deem expedientexercise all voting rights in respect of the Shares and stocks, shares and other securities owned by the Chargor and comprised in the Charged Property; (f) redeem any prior Security on or relating to xxx or defend any action in the name Charged Property and settle and pass the accounts of the Debtorperson entitled to that prior Security, so that any accounts so settled and passed shall (subject to any manifest error) be conclusive and binding on the Chargor and the money so paid shall be deemed to be an expense properly incurred by the Receiver; (g) to lease or concur in the leasing appoint and discharge officers and others for any of the whole purposes of this Debenture upon terms as to remuneration or any part of the Collateralotherwise as they may think fit; (h) settle any claims, accounts, disputes, questions and demands with or by any person who is or claims to exercise all be a creditor of the Chargor or relating to any of the powers or rights incident to the ownership of the CollateralCharged Property; (i) to employ purchase or retain for the execution of the duties and powers conferred upon him hereunder such agents, assistants, professional advisors acquire any land or other persons as required on the terms and at the remuneration the Receiver considers proper;any interest in or right over land; and (j) do all other acts and things (including signing and executing all documents and deeds) as the Receiver considers to release be incidental or conducive to any of the Collateral which matters or powers in this Clause 12.2, or otherwise incidental or conducive to the Receiver's opinion is unprofitable preservation, improvement or unrealizable or a source of loss or danger; (k) to exercise all rights and powers realisation of the Secured Party hereunder Charged Property, and to act generally in relation to use the Collateral in name of the Chargor for all such manner and on such terms as may be expedient purposes, and in each case may use the best interests name of the Secured Party; (l) to agree to Chargor and exercise the relevant power in any modification, compromise, release or waiver of the rights of the Secured Party against the Debtor or against the Collateral whether such rights shall arise under this Agreement or otherwise; (m) if a sale is on credit, the Receiver shall not be accountable for any monies until actually receivedmanner which they may think fit.

Appears in 1 contract

Samples: Debenture

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