Common use of Receiver’s Powers Clause in Contracts

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent is vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligors or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral Agent. (2) Any receiver appointed by the Collateral Agent will act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Obligors. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligors agree to ratify and confirm all actions of the receiver acting as agent for the Obligors, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral Agent, in appointing or refraining from appointing any receiver, does not incur liability to the receiver, the Obligors or otherwise and is not responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent is shall be vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligors Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are shall be within the sole and unfettered discretion of the Collateral Agent. (2) Any receiver appointed by the Collateral Agent will shall act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsObligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Obligor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligors agree Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsObligor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral Agent, in appointing or refraining from appointing any receiver, does shall not incur liability to the receiver, the Obligors Obligor or otherwise and is shall not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1a) Any receiver appointed by the Collateral Agent is vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligors any Assignor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral Agent. (2b) Any receiver appointed by the Collateral Agent will act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsAssignors. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Assignors or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligors agree Each Assignor agrees to ratify and confirm all actions of the receiver acting as agent for the Obligorssuch Assignor, and to release and indemnify the receiver in respect of all such actions. (3c) The Collateral Agent, in appointing or refraining from appointing any receiver, does not incur liability to the receiver, the Obligors Assignors or otherwise and is not responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent is shall be vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligors Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are shall be within the sole and unfettered discretion of the Collateral Agent. (2) Any receiver appointed by the Collateral Agent will shall act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsObligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Obligor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretiona commercially reasonable manner. The Obligors agree Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the Obligors, and to release and indemnify the receiver in respect of all such actionsactions (except for actions constituting gross negligence and/or wilful misconduct as determined in a final and unappealable decision by a court of competent jurisdiction). (3) The Collateral Agent, in appointing or refraining from appointing any receiver, does shall not incur liability to the receiver, the Obligors Obligor or otherwise and is not shall not, except as required by applicable law, be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Security Agent is vested with the rights and remedies which could have been exercised by the Collateral Security Agent in respect of the Obligors Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral Security Agent. (2) Any receiver appointed by the Collateral Security Agent will act as agent for the Collateral Security Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsObligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Obligor or as agent for the Collateral Security Agent as the Collateral Security Agent may determine in its discretion. The Obligors agree Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsObligor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral Security Agent, in appointing or refraining from appointing any receiver, does not incur liability to the receiver, the Obligors Obligor or otherwise and is not responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent is vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligors Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral Agent. (2) Any receiver appointed by the Collateral Agent will act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsObligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Obligor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligors agree Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsObligor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral Agent, in appointing or refraining from appointing any receiver, does not incur liability to the receiver, the Obligors Obligor or otherwise and is not responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent Lender is vested with the rights and remedies which could have been exercised by the Collateral Agent Lender in respect of the Obligors Pledgor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral AgentLender. (2) Any receiver appointed by the Collateral Agent Lender will act as agent for the Collateral Agent Lender for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsPledgor. The receiver may sell, leasetransfer, deliver or otherwise dispose of Collateral as agent for the Obligors Pledgor or as agent for the Collateral Agent Lender as the Collateral Agent Lender may determine in its discretion. The Obligors agree Pledgor agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsPledgor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral AgentLender, in appointing or refraining from appointing any receiver, does not incur liability to the receiver, the Obligors Pledgor or otherwise and is not responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent is vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligors each Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral Agent. (2) Any receiver appointed by the Collateral Agent will act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Obligorseach Obligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors each Obligor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligors agree Each Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the Obligorssuch Obligor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral Agent, in appointing or refraining from appointing any receiver, does not incur liability to the receiver, the Obligors any Obligor or otherwise and is not responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1a) Any receiver appointed by the Collateral Agent is shall be vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligors Corporation or the Collateral Collateral. The identity of the receiver, its replacement and such other its remuneration shall be within the sole and unfettered discretion of the Agent. Any receiver appointed by a court shall have all powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral Agent. (2b) Any receiver appointed by the Collateral Agent will shall act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsCorporation. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Corporation or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligors agree Corporation agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsCorporation, and to release and indemnify the receiver in respect of all such actions. (3c) The Collateral Agent, in appointing or refraining from appointing any receiver, does shall not incur liability to the receiver, the Obligors Corporation or otherwise and is shall not be responsible for any misconduct or negligence of such the receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent is Pledgee shall be vested with the rights and remedies which could have been exercised by the Collateral Agent Pledgee in respect of the Obligors Pledgor, or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are shall be within the sole and unfettered discretion of the Collateral AgentPledgee. (2) Any receiver appointed by the Collateral Agent will Pledgee shall act as agent for the Collateral Agent Pledgee for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsPledgor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Pledgor or as agent for the Collateral Agent Pledgee as the Collateral Agent Pledgee may determine in its discretion. The Obligors agree Pledgor agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsPledgor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral AgentPledgee, in appointing or refraining from appointing any receiver, does shall not incur liability to the receiver, the Obligors Pledgor or otherwise and is shall not be responsible for any misconduct or negligence of such the receiver.

Receiver’s Powers. (1a) Any receiver appointed by the Collateral Agent Creditor is vested with the rights and remedies which could have been exercised by the Collateral Agent Creditor in respect of the Obligors Pledgor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral AgentCreditor. (2b) Any receiver appointed by the Collateral Agent Creditor will act as agent for the Collateral Agent Creditor for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsPledgor. The receiver may sell, leasetransfer, deliver or otherwise dispose of Collateral as agent for the Obligors Pledgor or as agent for the Collateral Agent Creditor as the Collateral Agent Creditor may determine in its discretion. The Obligors agree Pledgor agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsPledgor, and to release and indemnify the receiver in respect of all such actions. (3c) The Collateral AgentCreditor, in appointing or refraining from appointing any receiver, does not incur liability to the receiver, the Obligors Pledgor or otherwise and is not responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent is Lender shall be vested with the rights and remedies which could have been exercised by the Collateral Agent Lender in respect of the Obligors Borrower or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are shall be within the sole and unfettered discretion of the Collateral AgentLender, acting reasonably. (2) Any receiver appointed by the Collateral Agent will Lender shall act as agent for the Collateral Agent Lender for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsBorrower. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Borrower or as agent for the Collateral Agent Lender as the Collateral Agent Lender may determine in its discretion. The Obligors agree Borrower agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsBorrower, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral AgentLender, in appointing or refraining from appointing any receiver, does shall not incur liability to the receiver, the Obligors Borrower or otherwise and is shall not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent Secured Creditor is vested with the rights and remedies which could have been exercised by the Collateral Agent Secured Creditor in respect of the Obligors Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral AgentSecured Creditor. (2) Any receiver appointed by the Collateral Agent Secured Creditor will act as agent for the Collateral Agent Secured Creditor for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsObligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Obligor or as agent for the Collateral Agent Secured Creditor as the Collateral Agent Secured Creditor may determine in its discretion. The Obligors agree Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsObligor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral AgentSecured Creditor, in appointing or refraining from appointing any receiver, does not incur liability to the receiver, the Obligors Obligor or otherwise and is not responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1a) Any receiver appointed by the Collateral Agent is Finance Parties will be vested with the rights and remedies which could have been exercised by the Collateral Agent Finance Parties in respect of the Obligors APG or the Collateral and such those other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are will be within the sole and unfettered discretion of the Collateral AgentFinance Parties. (2b) Any receiver appointed by the Collateral Agent Finance Parties will act as agent for the Collateral Agent Finance Parties for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsAPG. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors APG or as agent for the Collateral Agent Finance Parties as the Collateral Agent Finance Parties may determine in its their discretion. The Obligors agree APG agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsAPG, and to release and indemnify the receiver in respect of all such those actions. (3c) The Collateral AgentFinance Parties, in appointing or refraining from appointing any receiver, does will not incur liability to the receiver, the Obligors APG or otherwise and is will not be responsible for any misconduct or negligence of such the receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent is Lender shall be vested with the rights and remedies which could have been exercised by the Collateral Agent Lender in respect of the Obligors Company or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are shall be within the sole and unfettered discretion of the Collateral AgentLender. (2) Any receiver appointed by the Collateral Agent will Lender shall act as agent for the Collateral Agent Lender for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsCompany. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Company or as agent for the Collateral Agent Lender as the Collateral Agent Lender may determine in its discretion. The Obligors agree Company agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsCompany, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral AgentLender, in appointing or refraining from appointing any receiver, does shall not incur liability to the receiver, the Obligors Company or otherwise and is shall not be responsible for any misconduct or negligence of such the receiver (other than liability arising from the wilful misconduct or gross negligence of the receiver).

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent Lender is vested with the rights and remedies which could have been exercised by the Collateral Agent Lender in respect of the Obligors Borrower or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral AgentLender. (2) Any receiver appointed by the Collateral Agent Lender will act as agent for the Collateral Agent Lender for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsBorrower. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Borrower or as agent for the Collateral Agent Lender as the Collateral Agent Lender may determine in its discretion. The Obligors agree Borrower agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsBorrower, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral AgentLender, in appointing or refraining from appointing any receiver, does not incur liability to the receiver, the Obligors Borrower or otherwise and is not responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1a) Any receiver appointed by the Collateral Agent is vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligors a Grantor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral Agent. (2b) Any receiver appointed by the Collateral Agent will act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Obligorsrelevant Grantor. The Such receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligors Grantor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligors agree Each Grantor agrees to ratify and confirm all actions of the such receiver acting as agent for the Obligorssuch Grantor, and to release and indemnify the receiver in respect of all such actions. (3c) The Collateral Agent, in appointing or refraining from appointing any receiver, does not incur liability to the receiver, the Obligors any Grantor or otherwise and is not responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent is vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligors Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration are within the sole and unfettered discretion of the Collateral Agent. (2) Any receiver appointed by the Collateral Agent will act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorsObligor. The receiver may sell, leasetransfer, deliver or otherwise dispose of Collateral as agent for the Obligors Obligor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligors agree Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorsObligor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral Agent, in appointing or refraining from appointing any receiver, does not incur liability to the receiver, the Obligors Obligor or otherwise and is not responsible for any misconduct or negligence of such receiver.