Common use of Powers of Receiver Clause in Contracts

Powers of Receiver. Any Receiver appointed by the Lender may be any person or persons, and the Lender may remove any Receiver so appointed and appoint another or others instead. Any Receiver appointed shall act as agent for the Lender for the purposes of taking possession of the Collateral and (except as provided below) as agent for the Borrower for all other purposes, including, without limitation, the occupation of any premises of the Borrower and in carrying on the Borrower’s business. For the purposes of realizing upon the Security Interest, the Receiver may sell, lease or otherwise dispose of Collateral as agent for the Borrower or as agent for the Lender as it may determine at its absolute and sole discretion. The Borrower agrees to ratify and confirm all actions of the Receiver acting as agent for the Borrower, and to release and indemnify the Receiver in respect of all such actions. Any Receiver so appointed shall have the following powers: (a) to enter upon, use and occupy all premises owned or occupied by the Borrower; (b) to take possession of the Collateral; (c) to carry on the business of the Borrower; (d) to borrow money required for the maintenance, preservation or protection of the Collateral or for the carrying on of the business of the Borrower, and in the discretion of such Receiver, to charge and grant further security interests in the Collateral in priority to the Security Interest, as security for the money so borrowed; (e) to sell, lease or otherwise dispose of the Collateral or any part thereof on such terms and conditions and in such manner as the Receiver shall determine in its discretion; (f) to demand, commence, continue or defend any judicial or administrative proceedings for the purpose of protecting, seizing, collecting, realizing or obtaining possession or payment of the Collateral, and to give valid and effectual receipts and discharges therefor and to compromise or give time for the payment or performance of all or any part of the Accounts or any other obligation of any third party to the Borrower; and (g) to exercise any rights or remedies which could have been exercised by the Lender against the Borrower or the Collateral.

Powers of Receiver. Any Each Receiver appointed under this Deed shall have all the powers conferred from time to time on administrative receivers or other receivers by the Lender may be Law of Property Xxx 0000 and the Insolvency Xxx 0000 so that the powers set out in Schedule 1 to the Insolvency Xxx 0000 shall extend to every Receiver, whether or not an administrative receiver, appointed under this Deed. In addition, notwithstanding any person liquidation of the Chargor, each Receiver-shall have power to: (a) manage and carry on the business of the Chargor; (b) develop, reconstruct, amalgamate or personsdiversify any part of the business of the Chargor; (c) enter into, perform, vary, rescind or cancel any contracts on any terms or conditions; (d) incur any liability or borrow or raise money on any terms, whether secured or unsecured, and the Lender may remove whether to rank for payment in priority to this Security or not; (e) grant options over or otherwise deal with, all or any Receiver so appointed and appoint another or others instead. Any Receiver appointed shall act as agent for the Lender for the purposes of taking possession of the Collateral and Charged Property; (except as provided belowf) as agent for the Borrower for all other purposes, including, without limitation, the occupation of establish subsidiaries to acquire interests in any premises of the Borrower Charged Property and/or arrange for those subsidiaries to trade or cease to trade and in carrying acquire any of the Charged Property on any terms and conditions; (g) exercise all voting and other rights attaching to the Shares; (h) redeem any prior Security Interests on or relating to the Charged Property and settle and pass the accounts of the person entitled to those prior Security Interests, so that any accounts so settled and passed shall (subject to any manifest error) be conclusive and binding on the Borrower’s business. For relevant Chargor and the purposes of realizing upon money so paid shall be deemed to be an expense properly incurred by the Security InterestReceiver; (i) take possession of, and to collect and get in the Receiver may Charged Property; (j) sell, lease or otherwise dispose of Collateral as agent any Charged Property in whatever manner and for the Borrower or as agent for the Lender as it may determine at its absolute and sole discretion. The Borrower agrees to ratify and confirm all actions of the Receiver acting as agent for the Borrower, and to release and indemnify the Receiver in respect of all such actions. Any Receiver so appointed shall have the following powers: (a) to enter upon, use and occupy all premises owned or occupied by the Borrowerwhatever consideration he sees fit; (bk) to take possession appoint, employ, replace, and discharge officers, employees, contractors, agents and others for any of the Collateral; (c) to carry on purposes of this Deed or the business of the BorrowerChargor and/or to guard or protect the Charged Property upon terms as to remuneration or otherwise as he may think fit; (dl) settle or compromise any claims, accounts, disputes, questions and demands with or by any person who is or claims to borrow money required for the maintenance, preservation or protection be a creditor of the Collateral Chargor or relating to any of the Charged Property; (m) bring, prosecute, enforce, defend, abandon or settle any litigation, legal, arbitration or administrative proceedings or claim in connection with the Charged Property or any business of the Chargor; and (n) do all other acts and things (including signing and executing all documents and deeds) as the Receiver considers to be incidental or conducive to any of the matters or powers in this Subclause, or otherwise incidental or conducive to the preservation, improvement or realization of the Charged Property, or necessary or desirable for realizing any of the carrying on of Charged Property or the business of the BorrowerChargor, and in each case may use the discretion of such Receiver, to charge and grant further security interests in the Collateral in priority to the Security Interest, as security for the money so borrowed; (e) to sell, lease or otherwise dispose of the Collateral or any part thereof on such terms and conditions and in such manner as the Receiver shall determine in its discretion; (f) to demand, commence, continue or defend any judicial or administrative proceedings for the purpose of protecting, seizing, collecting, realizing or obtaining possession or payment of the Collateral, and to give valid and effectual receipts and discharges therefor and to compromise or give time for the payment or performance of all or any part of the Accounts or any other obligation name of any third party to Chargor and exercise the Borrower; and (g) to exercise relevant power in any rights or remedies manner which could have been exercised by the Lender against the Borrower or the Collateralhe may think fit.

Powers of Receiver. Any Each Receiver appointed under this Deed shall have all the powers conferred from time to time on administrative receivers or other receivers by the Lender may be Law of Property Xxx 0000 and the Insolvency Xxx 0000 so that the powers set out in Schedule 1 to the Insolvency Xxx 0000 shall extend to every Receiver, whether or not an administrative receiver, appointed under this Deed. In addition, notwithstanding any person liquidation of the relevant Chargor, each Receiver shall have power to: (a) manage and carry on the business of any Chargor; (b) develop, reconstruct, amalgamate or personsdiversify any part of the business of the relevant Chargor; (c) enter into, perform, vary, rescind or cancel any contracts on any terms or conditions; (d) incur any liability or borrow or raise money on any terms, whether secured or unsecured, and whether to rank for payment in priority to this Security or not; (e) let or lease or concur in letting or leasing, and vary the Lender may remove terms of, determine or surrender leases or tenancies of, or grant options and licences over, or otherwise deal with, all or any Receiver so appointed and appoint another or others instead. Any Receiver appointed shall act as agent for the Lender for the purposes of taking possession of the Collateral and Charged Property; (except as provided belowf) as agent for the Borrower for all other purposes, including, without limitation, the occupation of establish subsidiaries to acquire interests in any premises of the Borrower Charged 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; (g) make and effect all repairs, renewals and improvements to any of the Charged Property and maintain, renew, take out or increase insurances; (h) exercise all voting and other rights attaching to the Shares and Investments and stocks, shares and other securities owned by the relevant Chargor and comprised in carrying the Charged Property; (i) redeem any prior Security Interests on or relating to the Charged Property and settle and pass the accounts of the person entitled to those prior Security Interests, so that any accounts so settled and passed shall (subject to any manifest error) be conclusive and binding on the Borrower’s business. For relevant Chargor and the purposes of realizing upon money so paid shall be deemed to be an expense properly incurred by the Security InterestReceiver; (j) take possession of, and to collect and get in the Receiver may Charged Property; (k) sell, lease or otherwise dispose of Collateral as agent any Charged Property in whatever manner and for the Borrower or as agent whatever consideration he sees fit; (l) appoint, employ, replace, and discharge officers, employees, contractors, agents and others for the Lender as it may determine at its absolute and sole discretion. The Borrower agrees to ratify and confirm all actions any of the Receiver acting purposes of this Deed or the business of any Chargor and/or to guard or protect the Charged Property upon terms as agent for to remuneration or otherwise as he may think fit; (m) settle or compromise any claims, accounts, disputes, questions and demands with or by any person who is or claims to be a creditor of the Borrower, relevant Chargor or relating to any of the Charged Property; (n) implement or continue the development of (and obtain all consents required in connection therewith) and/or commence or complete any buildings or structures on any real property comprised in the Charged Property; (o) purchase or acquire any land or any interest in or right over land or any other property; (p) exercise on behalf of the relevant Chargor all the powers conferred on a landlord or a tenant by any legislation from time to release and indemnify the Receiver time in force in any relevant jurisdiction relating to rents or agriculture in respect of all such actions. Any Receiver so appointed shall have the following powers: (a) to enter upon, use and occupy all premises owned or occupied by the Borrower; (b) to take possession of the Collateral; (c) to carry on the business of the Borrower; (d) to borrow money required for the maintenance, preservation or protection of the Collateral or for the carrying on of the business of the Borrower, and in the discretion of such Receiver, to charge and grant further security interests in the Collateral in priority to the Security Interest, as security for the money so borrowed; (e) to sell, lease or otherwise dispose of the Collateral or any part thereof on such terms and conditions and in such manner as the Receiver shall determine in its discretion; (f) to demand, commence, continue or defend any judicial or administrative proceedings for the purpose of protecting, seizing, collecting, realizing or obtaining possession or payment of the Collateral, and to give valid and effectual receipts and discharges therefor and to compromise or give time for the payment or performance of all or any part of the Accounts Charged Property; (q) bring, prosecute, enforce, defend, abandon or settle any litigation, legal, arbitration or administrative proceedings or claim in connection with the Charged Property or any other obligation business of any third party to the Borrowera Chargor; and (gr) do all other acts and things (including signing and executing all documents and deeds) as the Receiver considers to exercise be incidental or conducive to any rights of the matters or remedies which could have been exercised by powers in this Subclause, or otherwise incidental or conducive to the Lender against preservation, improvement or realisation of the Borrower Charged Property, or necessary or desirable for realising any of the Charged Property or the Collateralbusiness of any Chargor, (s) and in each case may use the name of any Chargor and exercise the relevant power in any manner which he may think fit.

Powers of Receiver. Any Receiver receiver appointed by the Lender Ingram Micro may be any person or persons, and the Lender Ingram Micro may remove any removx xxx Receiver so appointed and appoint another or others xx xxhers instead. Any Receiver appointed shall act as agent for the Lender Ingram Micro for the purposes of taking possession of the Collateral and Collateral, xxx (except as provided below) as agent for the Borrower Customer for all other purposes, including, including without limitation, limitation the occupation of any premises of the Borrower Customer and in carrying on the Borrower’s Customer's business. For the purposes of realizing upon the Security Interest, the Receiver may sell, lease lease, or otherwise dispose of Collateral as agent for the Borrower Customer or as agent for the Lender Ingram Micro as it may determine at in its absolute and sole discretion. The Borrower agrees to Customer agrexx xx ratify and confirm all actions of the Receiver acting as agent for the BorrowerCustomer, and to release and indemnify the Receiver in respect of all such actions. Any Receiver so appointed shall have the following powers: (a) to enter upon, use use, and occupy all premises owned or occupied by the BorrowerCustomer; (b) to take possession of the Collateral; (c) to carry on the business of the BorrowerCustomer; (d) to borrow money required for the maintenance, preservation or protection of the Collateral or for the carrying on of the business of the BorrowerCustomer, and in the discretion of such Receiver, to charge and grant further security interests in the Collateral in priority to the Security Interest, as security for the money so borrowed; (e) to sell, lease lease, or otherwise dispose of the Collateral or any part thereof on such terms and conditions and in such manner as the Receiver shall determine in its discretion;. (f) to demand, commence, continue or defend any judicial or administrative proceedings for the purpose of protecting, seizing, collecting, realizing or obtaining possession or payment of the Collateral, and to give valid and effectual receipts and discharges therefor and to compromise or give time for the payment or performance of all or any part of the Accounts or any other obligation of any third party to the BorrowerCustomer; and (g) to exercise any rights or remedies which could have been exercised by the Lender Ingram Micro against the Borrower Customer or the CollateralCoxxxxxxal.

Powers of Receiver. Any Receiver appointed by the Lender Majority Lenders may be any person or persons, and the Lender Majority Lenders may remove any Receiver so appointed and appoint another or others instead. Any Receiver appointed shall act as agent for the Lender Lenders for the purposes of taking possession of the Collateral and (except as provided below) as agent for the Borrower for all other purposes, including, including without limitation, limitation the occupation of any premises of the Borrower and in carrying on the Borrower’s 's business. For the purposes of realizing upon the Security Interest, the Receiver may sell, lease or otherwise dispose of Collateral as agent for the Borrower or as agent for the Lender Lenders as it may determine at in its absolute and sole discretion. The Borrower agrees to ratify and confirm all actions of the Receiver acting as agent for the Borrower, and to release and indemnify the Receiver in respect of all such actions. Any Receiver so appointed shall have the following powers: (a) to enter upon, use and occupy all premises owned or occupied by the Borrower; (b) to take possession of the Collateral; (c) to carry on the business of the Borrower; (d) to borrow money required for the maintenance, preservation or protection of the Collateral or for the carrying on of the business of the Borrower, and in the discretion of such Receiver, to charge and grant further security interests in the Collateral in priority to the Security Interest, as security for the money so borrowed; (e) to sell, lease or otherwise dispose of the Collateral or any part thereof on such terms and conditions and in such manner as the Receiver shall determine in its discretion; (f) to demand, commence, continue or defend any judicial or administrative proceedings for the purpose of protecting, seizing, collecting, realizing or obtaining possession or payment of the Collateral, and to give valid and effectual receipts and discharges therefor and to compromise or give time for the payment or performance of all or any part of the Accounts or any other obligation of any third party to the Borrower; and (g) to exercise any rights or remedies which could have been exercised by the Lender against the Borrower or the Collateral.

Powers of Receiver. 20.1 Any Receiver appointed by the Lender Lenders may be any person or personslicensed as a trustee under the Bankruptcy and Insolvency Act (Canada), and the Lender Lenders may remove any Receiver so appointed and appoint another or others instead. Any Receiver appointed shall act as agent Lenders for the Lender for the purposes of taking possession of the Collateral and (except as provided below) as agent for the Borrower Debtor for all other purposes, including, without limitation, including the occupation of any premises of the Borrower Debtor and in carrying on the Borrower’s business. For Debtor's business and the purposes Lenders shall not be liable for any act or omission of realizing upon the Security Interest, the Receiver may sell, lease or otherwise dispose of Collateral as agent for the Borrower or as agent for the Lender as it may determine at its absolute and sole discretionany Receiver. The Borrower Debtor agrees to ratify and confirm all actions of the Receiver acting as agent for the Borrower, and to release and indemnify the Receiver and the Lenders in respect of all such actions. Any Receiver so appointed shall have the following powerspower: (a) to enter upon, use use, and occupy all premises owned or occupied by the BorrowerDebtor; (b) to take possession of the Collateral; (c) to carry on the business of the BorrowerDebtor; (d) to borrow money required for the maintenance, preservation or protection of the Collateral or for the carrying on of the business of the BorrowerDebtor, and in the discretion of such Receiver, to charge and grant further security interests in the Collateral in priority to the Security InterestInterests, as security for the money so borrowed; (e) to sell, lease lease, or otherwise dispose of the Collateral in whole or any in part thereof and for cash or credit, or part cash and part credit on such terms and conditions and in such manner as the Receiver shall determine in its discretion; (f) to demand, commence, continue or defend any judicial or administrative proceedings for the purpose of protecting, seizing, collecting, realizing or obtaining possession or payment of the Collateral, and to give valid and effectual receipts and discharges therefor and to compromise or give time for the payment or performance of all or any part of the Accounts or any other obligation of any third party to the BorrowerDebtor; and (g) to exercise any rights or remedies which could have been exercised by the Lender Lenders against the Borrower Debtor or the Collateral.

Powers of Receiver. Any Receiver appointed by the Lender may be any person or persons, and the Lender may remove any Receiver so appointed and appoint another or others instead. Any Receiver appointed shall act as agent for the Lender for the purposes of taking possession of the Collateral and (except as provided below) as agent for the Borrower for all other purposes, including, without limitation, the occupation of any premises of the Borrower and in carrying on the Borrower’s business. For the purposes of realizing upon the Security Interest, the Receiver may sell, lease or otherwise dispose of Collateral as agent for the Borrower or as agent for the Lender as it may determine at in its absolute and sole discretion. The Borrower agrees to ratify and confirm all actions of the Receiver acting as agent for the Borrower, and to release and indemnify the Receiver in respect of all such actions. Any Receiver so appointed shall have the following powers: (a) to enter upon, use and occupy all premises owned or occupied by the Borrower; (b) to take possession of the Collateral; (c) to carry on the business of the Borrower; (d) to borrow money required for the maintenance, preservation or protection of the Collateral or for the carrying on of the business of the Borrower, and in the discretion of such Receiver, to charge and grant further security interests in the Collateral in priority to the Security Interest, as security for the money so borrowed; (e) to sell, lease or otherwise dispose of the Collateral or any part thereof on such terms and conditions and in such manner as the Receiver shall determine in its discretion; (f) to demand, commence, continue or defend any judicial or administrative proceedings for the purpose of protecting, seizing, collecting, realizing or obtaining possession or payment of the Collateral, and to give valid and effectual receipts and discharges therefor and to compromise or give time for the payment or performance of all or any part of the Accounts or any other obligation of any third party to the Borrower; and (g) to exercise any rights or remedies which could have been exercised by the Lender against the Borrower or the Collateral.