Powers of the Bank. The Bank may without restriction grant or accept surrenders of leases of the Property and the Charged Assets.
Powers of the Bank. For the attainment of its purposes the Bank may—
(a) borrow money and mortgage or charge its undertaking, property or unpaid capital or any part thereof and issue bonds, debentures, debenture stock and other securities, mortgage participation certificates or other pass through securities or any derivatives thereof, whether as security for any debt, liability or obligation of the Bank or of any third party or otherwise;
(b) buy and sell mortgage loans on residential properties;
(c) appoint other institutions as its trustees on such terms and conditions as it may deem fit;
(d) secure the fulfillment of any contracts or engagements entered into by it, by mortgage or charge of all or any of its property or its unpaid capital for the time being in such a manner as it may deem fit;
(e) approve on the part of any shareholder on such terms and conditions as are agreed a transfer of all or any part of its shares but always subject to the provisions of this Agreement;
(f) institute, conduct, defend, compound or abandon any legal proceedings by or against it or its officers or otherwise concerning its affairs and also compound or allow time for payment or satisfaction of any debts due and of any claims or demands by or against it;
(g) make and give receipts, releases and other discharges for moneys payable to it and for claims made against it;
(h) invest any part of its moneys in securities (other than shares of the Bank), negotiate contracts and do such acts in the name and on behalf of the Bank as it may consider expedient for or in relation to any of its purposes;
(i) appoint persons to be its attorneys or agents with such powers, including power to delegate and to appear before all proper authorities and make all necessary declarations, to enable its operations and business to be validly carried on;
(j) do all such other things as are incidental to the attainment of its purposes.
Powers of the Bank. Upon payment from the joint account to any one of the joint account holders, the Bank will be deemed to have been released from its liabilities towards other joint account holders as well up to the amount of payment made as such, and upon execution of any transaction or disposition in the account upon demand of any one of the joint account holders, the Bank will be deemed to have discharged the same responsibilities and liabilities towards other joint account holders as well. In the case of disputes that may arise between the joint account holders, if and when such dispute is referred to a competent court or a competent execution and bankruptcy office and is duly and officially notified to the Bank, the Bank will block the last balance of the account and refuse to make payment to anybody out of this account until receipt of a final official decision in connection therewith.
Powers of the Bank. At any time after the Bank shall have demanded payment or discharge of any money, obligation or liability hereby secured, in addition to all other powers or rights vested in it by law or otherwise, the Bank may, without any notice except as hereinafter provided and whether or not it shall have appointed a Receiver, enter into possession and sell all or any of the goodwill, undertaking, assets, rights and property hereby charged (provided that, in the case of the charge over the Charged Assets described in clause 4(a)(v), such charge shall, prior to the exercise of such power, operate as a fixed charge) or any part thereof at public or private sale or in any other manner and for such consideration and generally on such terms and conditions as the Bank may think fit. Upon any such sale, the Bank shall have the right to deliver, assign and transfer to each purchaser thereof such goodwill, undertaking, assets, rights or property in the name and on behalf of the Borrower. Each purchaser at any such sale shall hold the property so sold absolutely free from any equity or right of redemption of the Borrower who hereby specifically waives all rights of redemption, stay or appraisal which the Borrower has or may have under any rule or law or statute now existing or hereinafter adopted. The Bank shall give to the Borrower ten days written notice of its intention to make any such public or private sale. Such notice in case of public sale shall state the time and place fixed for such sale and in case of private sale the day on which such goodwill, undertaking, assets, rights and property or that portion thereof so being sold will first be offered for sale. Any such public sale shall be held at such time or times within ordinary business hours and at such place as the Bank may fix in the notice of such sale. At such sale, such goodwill, undertaking, assets, rights and property may be sold in one lot as an entirety or in separate parcels as the Bank may determine. The Bank shall not be obliged to make any public or private sale and may cause the same to be adjourned from time to time by announcement at the time and place fixed for the sale and such sale may be made at any time or place to which the same may be so adjourned. In case of any sale on credit or for future delivery the undertaking, assets, rights and property so sold may be retained by the Bank until the selling price is paid by each purchaser thereof but the Bank shall incur no liability in the case of the fa...
Powers of the Bank. At any time, without notice and at the expense of the Company, the Bank (in its name or in the name of the Company) may, but shall not be obligated to:
(a) collect by legal proceedings or otherwise, endorse, receive and receipt for all interest, principal payments, and other sums now or hereafter payable upon or on account of the Collateral;
(b) make any compromise or settlement it deems desirable or proper with reference to the Collateral;
(c) insure, process, and preserve the Collateral;
(d) accept money or other property in exchange for the Collateral, and take such action as it deems proper in connection therewith, and any money or property received on account of or in exchange for the Collateral shall be applied to the Obligations or held by the Bank thereafter as Collateral pursuant to the provisions of this Agreement and the other Loan Documents;
(e) hold Collateral in its own name or in the name of its nominee or cause Collateral to be transferred to its name or to the name of a depositary or its nominee;
(f) obtain from any custodian or bailee holding the Collateral any and all information with respect to the Collateral, without any further consent of or notice to Company; and
(g) exercise as to the Collateral all the rights, powers and remedies of an owner necessary to exercise its rights under this Section, but prior to an Event of Default, the Bank shall not vote any securities constituting Collateral except as instructed by the Company. The Bank agrees that, if an Event of Default has not occurred and is continuing, it shall (unless requested to do so by the Company or in connection with delivery or payment of all or part of the Collateral to the Company) notify the Company of its decision to transfer all or part of the Collateral out of any of the accounts in which Collateral is held.
Powers of the Bank. 5.01 If any of the Secured Obligations is not paid or discharged when due or if requested by the Borrower, the Bank may without notice and without any statutory restriction (in particular the restrictions in Section 25 of the CLPA) and whether or not a Receiver shall have been appointed, exercise all the powers conferred upon mortgagees by the CLPA or otherwise in law or in equity as hereby varied or extended and all the powers and discretions hereby conferred either expressly or by inference on a Receiver including but without prejudice to the generality of the foregoing) full power to break, call in and withdraw the Account or otherwise to sell or dispose of the assets hereby assigned at such times in such manner and generally on such terms and conditions and for such consideration as the Bank may think fit with power to execute assurances and give effectual receipts and do all other acts and things necessary or desirable for completion of the withdrawal sale or other disposition and the application of all moneys received by the Bank under or in connection with the MTV Contract in or towards the payment or discharge of the Secured Obligations.
5.02 No restriction on consolidation of mortgages (in particular Section 21 of the CLPA) shall apply to this security or to any security given to the Bank pursuant to this Assignment.
Powers of the Bank. 6.1. The Bank will without prejudice to its other rights, powers and remedies under this Deed and the other Security Documents be entitled (but not bound) at any time and as often as may be necessary to take any such action (including the right to serve a Notice of Assignment provided for in Clause 4.3.) as it may in its sole discretion think fit for the purpose of protecting or maintaining the security created by this Deed and each and every expense, liability and loss (including, without limitation, legal fees) so incurred by the Bank in or about the protection or maintenance of the said security together with interest payable thereon under Clause 5.1.(c) will be repayable to it by the Assignor on demand.
6.2. Without prejudice to the provisions of Clause 6.1., the generality of the powers and remedies vested in the Bank by virtue of the assignment herein contained, or the provisions of the other Security Documents, the Bank at any time after the occurrence of an Event of Default and irrespective of whether or not the Bank will have taken steps to enforce any of the powers referred to in the Security Documents, will become forthwith entitled, as and when the Bank may see fit to exercise and enforce all or any of the powers possessed as assignee of the Assigned Property and in particular:
(a) to require that all records as well as any other documentation then in possession of the Assignor or of any other person acting in the name or behalf of the Assignor relating to the Assigned Property (including details of and correspondence covering outstanding claims) be forthwith delivered to or to the order of the Bank;
(b) to collect, recover, discharge, compound, release or compromise claims that are then outstanding or arise thereafter in respect of the Assigned Property or any part thereof and to take or institute (if necessary using the name of the Assignor, who hereby authorizes the Bank to do so) all such proceedings in connection therewith as the Bank in its sole discretion thinks fit, in the case of the Insurances, to permit any brokers through whom collection or recovery is effected to charge the usual brokerage therefore;
(c) generally, to recover from the Assignor on demand each and every Expense incurred by the Bank in or about or incidental to the exercise by it of any of the aforesaid powers.
6.3. The Bank will not be obliged to make any inquiry as to the nature or sufficiency of any payment received by it under this Deed or to make any claim or to ...
Powers of the Bank. 51 10.02 No Contract of Employment......................................................................51 10.03
Powers of the Bank. The Company shall have the power to amend or terminate the Plan and Trust as provided in Article VII, to appoint and remove members of the Committee as provided in Article VIII, to appoint and remove the Trustee as provided in Article IX, and to do such other acts and things as are provided elsewhere herein.
Powers of the Bank
