Common use of Powers of Receivers Clause in Contracts

Powers of Receivers. In addition to the powers conferred by Clause 9.1, each Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of the Chargor) have and be entitled to exercise, in relation to the Charged Portfolio in respect of which he was appointed, and as varied and extended by the provisions of this Charge (in the name of or on behalf of the Chargor or in his own name and, in each case, at the cost of the Chargor): (a) all the powers conferred on a receiver by any applicable law; (b) all the powers and rights of an absolute owner and power to do or omit to do anything which the Chargor itself could do or omit to do; (c) the power to delegate (either generally or specifically) the powers, authorities and discretions conferred on it by this Charge (including the power of attorney) on such terms and conditions as it shall see fit which delegation shall not preclude either the subsequent exercise, any subsequent delegation or any revocation of such power, authority or discretion by the Receiver itself; and (d) the power to do all things (including bringing or defending proceedings in the name or on behalf of the Chargor) which seem to the Receiver to be incidental or conducive to: (i) any of the functions, powers, authorities or discretions conferred on or vested in him; (ii) the exercise of any rights, powers and remedies of the Secured Party provided by or pursuant to this Charge or by law (including realisation of all or any part of the Charged Portfolio); or (iii) bringing to his hands any assets of the Chargor forming part of, or which when got in would be, Charged Portfolio.

Appears in 3 contracts

Samples: Shares Purchase Agreement (MIE Holdings Corp), First Amendment and Restatement Agreement (MIE Holdings Corp), Series a Preferred Shares Subscription and Put Option Agreement (MIE Holdings Corp)

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Powers of Receivers. In addition to the powers conferred by Clause 9.1, each Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of the ChargorCompany) have and be entitled to exercise, in relation to the Charged Portfolio Deposits in respect of which he was appointed, and as varied and extended by the provisions of this Charge Agreement (in the name of or on behalf of the Chargor Company or in his own name and, in each case, at the cost of the ChargorCompany): (a) all the powers conferred by the Law of Property Xxx 0000 on a receiver by any applicable lawmortgagors and on mortgagees in possession and on receivers appointed under that Act; (b) all the powers of an administrative receiver set out in Schedule 1 to the Insolvency Xxx 0000 (whether or not the Receiver is an administrative receiver); (c) all the powers and rights of an absolute owner and power to do or omit to do anything which the Chargor Company itself could do or omit to do; (cd) the power to delegate (either generally or specifically) the powers, authorities and discretions conferred on it by this Charge Agreement or any of the Principal Finance Documents (including the power of attorney) on such terms and conditions as it shall see fit which delegation shall not preclude either the subsequent exercise, exercise any subsequent delegation or any revocation of such power, authority or discretion by the Receiver itself; and (de) the power to do all things (including bringing or defending proceedings in the name or on behalf of the ChargorCompany) which seem to the Receiver to be incidental or conducive to: (i) any of the functions, powers, authorities or discretions conferred on or vested in him; (ii) the exercise of any rights, powers and remedies of the Secured Party provided by or pursuant to this Charge or by law Collateral Rights (including realisation of all or any part of the Charged PortfolioDeposits); or (iii) bringing to his hands any assets of the Chargor Company forming part of, or which when got in would be, Charged Portfolioa Deposit.

Appears in 2 contracts

Samples: Security Over Cash Agreement (Reynolds Group Holdings LTD), Security Over Cash Agreement (Reynolds Group Holdings LTD)

Powers of Receivers. In addition to the powers conferred by Clause 9.1, each Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of the Chargor) have and be entitled to exercise, in relation to the Charged Portfolio and/or Assigned Property in respect of which he was appointed, and as varied and extended by the provisions of this Charge Agreement (in the name of or on behalf of the Chargor or in his own name and, in each case, at the cost of the Chargor): (a) all the powers conferred by the Act on a receiver by any applicable lawmortgagors and on mortgagees in possession and on receivers appointed under that Act; (b) all the powers of a receiver appointed under the Companies Act, Chapter 50 of Singapore; (c) all the powers and rights of an absolute owner and power to do or omit to do anything which the Chargor itself could do or omit to do; (cd) the power to delegate (either generally or specifically) the powers, authorities and discretions conferred on it by this Charge Agreement or the Letter Agreement (including the power of attorney) on such terms and conditions as it shall see fit which delegation shall not preclude either the subsequent exercise, exercise any subsequent delegation or any revocation of such power, authority or discretion by the Receiver itself; and (de) the power to do all things (including bringing or defending proceedings in the name or on behalf of the Chargor) which seem to the Receiver to be incidental or conducive to: (i) any of the functions, powers, authorities or discretions conferred on or vested in him; (ii) the exercise of any rights, powers and remedies of the Secured Party provided by or pursuant to this Charge Agreement or by law (including realisation of all or any part of the Charged PortfolioPortfolio and/or Assigned Property); or (iii) bringing to his hands any assets of the Chargor forming part of, or which when got in would be, Charged PortfolioPortfolio and/or Assigned Property.

Appears in 1 contract

Samples: Security Over Shares and Security Assignment Agreement (S&t International Distribution Ltd.)

Powers of Receivers. In addition to the powers conferred by Clause 9.1, each Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up up, bankruptcy, insolvency or dissolution of the Chargor) have and be entitled to exercise, in relation to the Charged Portfolio in respect of which he was appointed, and as varied and extended by the provisions of this Charge Agreement and subject to applicable laws (in the name of or on behalf of the Chargor or in his own name and, in each case, at the cost of the Chargor): (a) all the powers conferred on a receiver by any applicable law; (b) all the powers and rights of an absolute owner and power to do or omit to do anything which the Chargor itself could do or omit to dodo (including without limitation the right, in relation to the Company, to concur or participate in any of the matters specified in Clause 4.2(d), in each case in such manner and on such terms as such Receiver may think fit, and the proceeds of any such action shall form part of such Charged Portfolio); (cb) the power to delegate (either generally or specifically) the powers, authorities and discretions conferred on it by this Charge Agreement or any of the Principal Finance Documents (including the power of attorney) on such terms and conditions as it shall see fit which delegation shall not preclude either the subsequent exercise, exercise any subsequent delegation or any revocation of such power, authority or discretion by the Receiver itself; and (dc) the power to do all things (including bringing or defending proceedings in the name or on behalf of the Chargor) which seem to the Receiver to be incidental or conducive to: (i) any of the functions, powers, authorities or discretions conferred on or vested in him; (ii) the exercise of any rights, powers and remedies of the Secured Party Collateral Agent provided by or pursuant to this Charge Agreement or by law (including realisation of all or any part of the Charged Portfolio); or (iii) bringing to his hands any assets of the Chargor forming part of, or which when got in would be, Charged Portfolio.

Appears in 1 contract

Samples: Security Over Shares Agreement (RenPac Holdings Inc.)

Powers of Receivers. In addition to the powers conferred by Clause 9.1, each Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of the Chargor) have and be entitled to exercise, in relation to the Charged Portfolio in respect of which he was appointed, and as varied and extended by the provisions of this Charge (in the name of or on behalf of the Chargor or in his own name and, in each case, at the cost of the Chargor): (a) all the powers conferred on a receiver by any applicable law; (b) all the powers and rights of an absolute owner and power to do or omit to do anything which the Chargor itself could do or omit to do; (c) the power to delegate (either generally or specifically) the powers, authorities and discretions conferred on it by this Charge (including the power of attorney) on such terms and conditions as it shall see fit which delegation shall not preclude either the subsequent exercise, any subsequent delegation or any revocation of such power, authority or discretion by the Receiver itself; and (d) the power to do all things (including bringing or defending proceedings in the name or on behalf of the Chargor) which seem to the Receiver to be incidental or conducive to: (i) any of the functions, powers, authorities or discretions conferred on or vested in him; (ii) the exercise of any rights, powers and remedies of the Secured Party provided by or pursuant to this Charge or by law (including realisation of all or any part of the Charged Portfolio); or (iii) bringing to his hands any assets of the Chargor forming part of, or which when got in would be, Charged Portfolio.

Appears in 1 contract

Samples: Shares Purchase Agreement (MIE Holdings Corp)

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Powers of Receivers. In addition to the powers conferred by Clause 9.1, each Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of the Chargor) have and be entitled to exercise, in relation to the Charged Portfolio in respect of which he was appointed, and as varied and extended by the provisions of this Charge Agreement (in the name of or on behalf of the Chargor or in his own name and, in each case, at the cost of the Chargor): (a) all the powers conferred by the Act on a receiver by any applicable lawmortgagors and on mortgagees in possession and on receivers appointed under that Act; (b) all the powers of a receiver appointed under the Companies Act, Chapter 50 of Singapore; (c) all the powers and rights of an absolute owner and power to do or omit to do anything which the Chargor itself could do or omit to do; (cd) the power to delegate (either generally or specifically) the powers, authorities and discretions conferred on it by this Charge Agreement (including the power of attorney) on such terms and conditions as it shall see fit which delegation shall not preclude either the subsequent exercise, exercise any subsequent delegation or any revocation of such power, authority or discretion by the Receiver itself; and (de) the power to do all things (including bringing or defending proceedings in the name or on behalf of the Chargor) which seem to the Receiver to be incidental or conducive to: (i) any of the functions, powers, authorities or discretions conferred on or vested in him; (ii) the exercise of any rights, powers and remedies of the Secured Party Chargee provided by or pursuant to this Charge Agreement or by law (including realisation of all or any part of the Charged Portfolio); or (iii) bringing to his hands any assets of the Chargor forming part of, or which when got in would be, Charged Portfolio.

Appears in 1 contract

Samples: Security Over Shares Agreement (Gigamedia LTD)

Powers of Receivers. In addition to the powers conferred by Clause 9.1, each Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of the Chargor) have and be entitled to exercise, in relation to the Charged Portfolio in respect of which he was appointed, and as varied and extended by the provisions of this Charge Agreement (in the name of or on behalf of the Chargor or in his own name and, in each case, at the cost of the Chargor): (a) all the powers conferred by the Law of Property Xxx 0000 on a receiver by any applicable lawmortgagors and on mortgagees in possession and on receivers appointed under that Act; (b) all the powers of an administrative receiver set out in Schedule 1 to the Insolvency Xxx 0000 (whether or not the Receiver is an administrative receiver); (c) all the powers and rights of an absolute owner and power to do or omit to do anything which the Chargor itself could do or omit to do; (cd) the power to delegate (either generally or specifically) the powers, authorities and discretions conferred on it by this Charge Agreement or any of the Loan Documents (including the power of attorney) on such terms and conditions as it shall see fit which delegation shall not preclude either the subsequent exercise, exercise any subsequent delegation or any revocation of such power, authority or discretion by the Receiver itself; and (de) the power to do all things (including bringing or defending proceedings in the name or on behalf of the Chargor) which seem to the Receiver to be incidental or conducive to: (i) any of the functions, powers, authorities or discretions conferred on or vested in him; (ii) the exercise of any rights, powers and remedies of the Secured Party Security Trustee provided by or pursuant to this Charge Agreement or by law (including realisation of all or any part of the Charged Portfolio); or (iii) bringing to his hands any assets of the Chargor forming part of, or which when got in would be, Charged Portfolio.

Appears in 1 contract

Samples: Credit Agreement (Fleetcor Technologies Inc)

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