Common use of Receiver’s Powers Clause in Contracts

Receiver’s Powers. In addition to any powers granted by law, and except to the extent specifically excluded by the terms of appointment, every Receiver has power to do anything in respect of the Mortgaged Property that the Mortgagor could do. That includes power to do any of the following. (a) (Take possession and manage) Take possession of, get in and manage the Mortgaged Property. (b) (Sell) (i) Sell any of the Mortgaged Property (whether or not the Receiver has taken possession). (ii) Without limitation any sale may be made: (A) by public auction, private treaty or tender; (B) for cash or on credit; (C) in one lot or in parcels; (D) either with or without special conditions or stipulations as to title or time or mode of payment of purchase money or otherwise; (E) with power to allow the whole or any part of the purchase money to be deferred (whether with or without any security); and (F) whether or not in conjunction with the sale of any property by any person. (c) (Options) Grant or take put or call options. (d) (Lease) Lease any of the Mortgaged Property for any term (whether or not the Receiver has taken possession). (e) (Carry on business) Carry on or concur in carrying on any business. (f) (Acquire any asset) Acquire in any manner any asset (including to take it on Lease). After that acquisition it will be included in the Mortgaged Property. (g) (Maintain and improve the Mortgaged Property) Anything to maintain, protect or improve any of the Mortgaged Property or to obtain income or returns from any of the Mortgaged Property (including by development, sub-division, construction, alteration, or repair, of any property or by pulling down, dismantling or scrapping, any property). (h) (Raise money) (i) Borrow or raise any money from any Mortgagee or any other person approved by the Collateral Agent; (ii) give Guarantees; and (iii) grant any Security Interest over any of the Mortgaged Property to secure that money or Guarantee. That Security Interest may rank in priority to or equally with or after, the security created by this Deed. It may be given in the name of the Mortgagor or otherwise. (i) (Lend) Lend money or provide financial accommodation. (j) (Sever fixtures) Sever fixtures. (k) (Employ) Employ or discharge any person as employee, contractor, agent, professional adviser, consultant or auctioneer for any purpose. (l) (Compromise) Make or accept any arrangement or compromise. (m) (Give receipts) Give receipts for money and other assets. (n) (Authorisation) Apply for, take up, transfer or surrender any Authorisation or any variation of any Authorisation. (o) (Perform and enforce agreements) (i) Perform or enforce; (ii) exercise or refrain from exercising the Mortgagor's rights and powers under; or (iii) obtain the benefit in other ways of, any documents or agreements or rights which form part of the Mortgaged Property and any documents or agreements entered into in exercise of any Power. (p) (Vary and terminate agreements) Vary, rescind or terminate any document or agreement (including surrendering or accepting the surrender of Leases). (q) (Take insolvency proceedings) Make debtors bankrupt, wind up companies and do any thing in relation to any actual or contemplated Liquidation (including attending and voting at meetings of creditors and appoint proxies). (r) (Take proceedings) Commence, defend, conduct, settle, discontinue or compromise proceedings in the name of the Mortgagor or otherwise. (s) (Execute documents) Enter into and execute documents or agreements on behalf of the Receiver or the Mortgagor. This includes using the Mortgagor's seal and signing, accepting and endorsing cheques, promissory notes and bills of exchange. (t) (Operate bank accounts) Operate any bank account comprising part of the Mortgaged Property and open and operate any further bank account. (u) (Surrender Mortgaged Property) Surrender, release or transfer any of the Mortgaged Property or exchange it for other property. (v) (Promote companies) Promote the formation of companies with a view to purchasing any of the Mortgaged Property or assuming the obligations of the Mortgagor or otherwise. (w) (Delegate) Delegate to any person approved by the Collateral Agent any Powers (including delegation). (x) (Have access) Have access to and make use of the premises, plant, equipment, and records and accounting and other services of the Mortgagor and the services of its staff. (y) (Vote) Exercise any voting or other rights or powers in respect of any of the Mortgaged Property and do anything in relation to Marketable Securities. (z) (Other outgoings) Pay any outgoing or indebtedness of the Mortgagor or any other person. (aa) (Security Interests) Redeem any Security Interest or acquire it and any debt secured by it. (bb) (Make calls) Make calls on the members of the Mortgagor in respect of any Unpaid Capital. (cc) (Insure) Take out insurance and make, enforce, compromise and settle all claims in respect of insurance. (dd) (Incidental power) Do anything incidental to the exercise of any other Power. All of the above paragraphs are to be construed independently. None limits the generality of any other.

Receiver’s Powers. In addition to any powers granted by law, and except to the extent specifically excluded by the terms of his appointment, every Receiver has power to do anything in respect of the Mortgaged Property that the Mortgagor could do. That includes power to do any of His powers include the followingfollowing (without limitation). (a) (Take possession and manage) Take He may take possession of, get in and manage the Mortgaged Property. (b) (lease) He may lease any of the Mortgaged Property for any term (whether or not the Receiver has taken possession). (c) (Carry on business) He may carry on or concur in carrying on any business. (d) (Acquire any asset) He may acquire in any manner any asset (including, without limitation, to take it on lease). After that acquisition it will be included in the Mortgaged Property. (e) (Maintain and improve the Mortgaged Property) He may do anything to maintain, protect or improve any of the Mortgaged Property or to obtain income or returns from any of the Mortgaged Property (including, without limitation, by development, sub-division, construction, alteration, or repair, of any property or by pulling down, dismantling or scrapping, any property). (f) (Raise money) He may: (i) borrow or raise any money from any Mortgages or any other person approved by the Mortgagee; (ii) give Guarantee, indemnity or other similar sureties; and (iii) grant any Security Interest over any of the Mortgaged Property to secure that money or Guarantee, indemnity or other similar surety. That Security Interest may rank in priority to or equally with or after, the security created by this Deed. It may be given in the name of the Mortgagor or otherwise. (g) (Lend) He may lend money or provide financial accommodation. (h) (Sell) (i) Sell He may sell any of the Mortgaged Property (whether or not the Receiver has taken possession). (ii) Without limitation any sale may be made: (A) by public auction, private treaty or tender; (B) for cash or on credit; (C) in one lot or in parcels; (D) either with or without special conditions or stipulations as to title or time or mode of payment of purchase money or otherwise; (E) with power to allow the whole or any part of the purchase money to be deferred (whether with or without any security); and; (F) whether or not in conjunction with the sale of any property by any person. (ci) (Options) Grant He may grant or take put or call options. (d) (Lease) Lease any of the Mortgaged Property for any term (whether or not the Receiver has taken possession). (e) (Carry on business) Carry on or concur in carrying on any business. (f) (Acquire any asset) Acquire in any manner any asset (including to take it on Lease). After that acquisition it will be included in the Mortgaged Property. (g) (Maintain and improve the Mortgaged Property) Anything to maintain, protect or improve any of the Mortgaged Property or to obtain income or returns from any of the Mortgaged Property (including by development, sub-division, construction, alteration, or repair, of any property or by pulling down, dismantling or scrapping, any property). (h) (Raise money) (i) Borrow or raise any money from any Mortgagee or any other person approved by the Collateral Agent; (ii) give Guarantees; and (iii) grant any Security Interest over any of the Mortgaged Property to secure that money or Guarantee. That Security Interest may rank in priority to or equally with or after, the security created by this Deed. It may be given in the name of the Mortgagor or otherwise. (i) (Lend) Lend money or provide financial accommodation. (j) (Sever fixtures) Sever He may sever fixtures. (k) (Employ) Employ He may employ or discharge any person as employee, contractor, agentMortgagee, professional adviser, consultant or auctioneer for any purpose. (l) (Compromise) Make He may make or accept any arrangement or compromise. (m) (Give receipts) Give He may give receipts for money and other assets. (n) (Authorisation) Apply for, take up, transfer or surrender any Authorisation or any variation of any Authorisation. (o) (Perform and enforce agreements)) He may: (i) Perform perform or enforce; (ii) exercise or refrain from exercising the Mortgagor's rights and powers under; or (iii) obtain the benefit in other ways of, any documents or agreements or rights which form part of the Mortgaged Property property and any documents or agreements entered into in exercise of any Power. (po) (Vary and terminate agreements) VaryHe may vary, rescind or terminate any document or agreement (including surrendering without limitation surrender or accepting accept the surrender of Leasesleases). (p) (Authorisations) He may apply for, take up, transfer or surrender any Authorisation or any variation of any Authorisation. (q) (Take insolvency proceedings) Make He may make debtors bankrupt, wind up companies and do any thing in relation to any actual or contemplated Liquidation (including attending including, without limitation, attend and voting vote at meetings of creditors and appoint proxies). (r) (Take proceedings) CommenceHe may commence, defend, conduct, settle, discontinue or compromise proceedings in the name of the Mortgagor or otherwise. (s) (Execute documents) Enter He may enter into and execute documents or agreements on behalf of the Receiver himself or the Mortgagor. This includes includes, without limitation, using the Mortgagor's seal and on signing, accepting and endorsing cheques, promissory notes and bills of exchange. (t) (Operate bank accounts) Operate He may operate any bank account comprising part of the Mortgaged Property and open and operate any further bank account. (u) (Surrender Mortgaged Property) SurrenderHe may surrender, release or transfer any of the Mortgaged Property. (v) (Exchange Mortgaged Property) He may exchange with any person any of the Mortgaged Property or exchange it for other property. (vw) (Promote companies) Promote He may promote the formation of companies with a view to purchasing any of the Mortgaged Property or assuming the obligations of the Mortgagor or otherwise. (wx) (Delegate) Delegate He may delegate to any person approved by the Collateral Agent Mortgagee any of his Powers (including delegation). (xy) (Have access) Have He may have access to and make use of the premises, plant, equipment, and records and accounting and other services of the Mortgagor and the services of its staff. (yz) (Vote) Exercise He may exercise any voting or other rights or powers in respect of any of the Mortgaged Property and do anything in relation to Marketable Securities. (zaa) (Other outgoings) Pay He may pay any outgoing or indebtedness of the Mortgagor or any other person. (aa) (Security Interests) Redeem any Security Interest or acquire it and any debt secured by it. (bb) (Make calls) Make calls on the members of the Mortgagor in respect of any Unpaid Capital. (cc) (Insure) Take out insurance and make, enforce, compromise and settle all claims in respect of insurance. (dd) (Incidental power) Do anything incidental to the exercise of any other Power. All of the above paragraphs are to be construed independently. None limits the generality of any other.

Receiver’s Powers. In addition to any powers granted by law, and except to the extent specifically excluded by the terms of appointment, every Receiver has power to do anything in respect of the Mortgaged Property that an absolute beneficial legal owner of the Mortgagor property could do. That includes power to do any of the following, in each case on such terms as the Receiver thinks fit. (a) (Take possession and manageTAKE POSSESSION AND MANAGE) Take possession of, get in and manage the Mortgaged Property. (b) (SellSELL) (i) Sell any of the Mortgaged Property (whether or not the Receiver has taken possession). (ii) Without limitation any sale may be made: (A) by public auction, private treaty or tender; (B) for cash or on credit; (C) in one lot or in parcels; (D) either with or without special conditions or stipulations as to title or time or mode of payment of purchase money or otherwise; (E) with power to allow the whole or any part of the purchase money to be deferred (whether with or without any security); and (F) whether or not in conjunction with the sale of any property by any person. (c) (OptionsOPTIONS) Grant or take put or call options.. Deed of Charge Xxxxxx Xxxxxx Xxxxxxxx [LOGO] (d) (LeaseLEASE) Lease any of the Mortgaged Property for any term (whether or not the Receiver has taken possession). (e) (Carry on businessCARRY ON BUSINESS) Carry on or concur in carrying on any business. (f) (Acquire any assetACQUIRE ANY ASSET) Acquire in any manner any asset (including to take it on Lease). After that acquisition it will be included in the Mortgaged Property. (g) (Maintain and improve the Mortgaged PropertyMAINTAIN AND IMPROVE THE MORTGAGED PROPERTY) Anything to maintain, protect or improve any of the Mortgaged Property or to obtain income or returns from any of the Mortgaged Property (including by development, sub-division, construction, alteration, or repair, of any property or by pulling down, dismantling or scrapping, any property). (h) (Raise moneyRAISE MONEY) (i) Borrow or raise any money from any the Mortgagee or any other person approved by the Collateral AgentMortgagee; (ii) give Guarantees; and (iii) grant any Security Interest over any of the Mortgaged Property to secure that money or Guarantee. That Security Interest may rank in priority to or equally with or after, the security created by this Deed. It may be given in the name of the Mortgagor or otherwise. (i) (LendLEND) Lend money or provide financial accommodation. (j) (Sever fixturesSEVER FIXTURES) Sever fixtures. (k) (EmployEMPLOY) Employ or discharge any person as employee, contractor, agent, professional adviser, consultant or auctioneer for any purposepurpose and at any remuneration and on any other terms as the Receiver thinks fit. (l1) (CompromiseCOMPROMISE) Make or accept any arrangement or compromise. (m) (Give receipts) Give receipts for money and other assets. (n) (Authorisation) Apply for, take up, transfer or surrender any Authorisation or any variation of any Authorisation. (o) (Perform and enforce agreements) (i) Perform or enforce; (ii) exercise or refrain from exercising the Mortgagor's rights and powers under; or (iii) obtain the benefit in other ways of, any documents or agreements or rights which form part of the Mortgaged Property and any documents or agreements entered into in exercise of any Power. (p) (Vary and terminate agreements) Vary, rescind or terminate any document or agreement (including surrendering or accepting the surrender of Leases). (q) (Take insolvency proceedings) Make debtors bankrupt, wind up companies and do any thing in relation to any actual or contemplated Liquidation (including attending and voting at meetings of creditors and appoint proxies). (r) (Take proceedings) Commence, defend, conduct, settle, discontinue or compromise proceedings in the name of the Mortgagor or otherwise. (s) (Execute documents) Enter into and execute documents or agreements on behalf of the Receiver or the Mortgagor. This includes using the Mortgagor's seal and signing, accepting and endorsing cheques, promissory notes and bills of exchange. (t) (Operate bank accounts) Operate any bank account comprising part of the Mortgaged Property and open and operate any further bank account. (u) (Surrender Mortgaged Property) Surrender, release or transfer any of the Mortgaged Property or exchange it for other property. (v) (Promote companies) Promote the formation of companies with a view to purchasing any of the Mortgaged Property or assuming the obligations of the Mortgagor or otherwise. (w) (Delegate) Delegate to any person approved by the Collateral Agent any Powers (including delegation). (x) (Have access) Have access to and make use of the premises, plant, equipment, and records and accounting and other services of the Mortgagor and the services of its staff. (y) (Vote) Exercise any voting or other rights or powers in respect of any of the Mortgaged Property and do anything in relation to Marketable Securities. (z) (Other outgoings) Pay any outgoing or indebtedness of the Mortgagor or any other person. (aa) (Security Interests) Redeem any Security Interest or acquire it and any debt secured by it. (bb) (Make calls) Make calls on the members of the Mortgagor in respect of any Unpaid Capital. (cc) (Insure) Take out insurance and make, enforce, compromise and settle all claims in respect of insurance. (dd) (Incidental power) Do anything incidental to the exercise of any other Power. All of the above paragraphs are to be construed independently. None limits the generality of any other.

Receiver’s Powers. In addition to any powers granted by law, and except to the extent specifically excluded by the terms of appointmenthis appointment and in accordance with the interests of the Mortgagees in accordance with this deed, every Receiver has power to do anything in respect of the Mortgaged Property that the Mortgagor Chargor could dodo (including, without limitation, having regard to its powers under the Master Trust Deed). That includes power However, every Receiver acknowledges that the Chargor's liability in relation to do any the Receiver's exercise of those powers is limited to the assets of the Trust. His powers include the following. (a) (Take possession and manageTAKE POSSESSION AND MANAGE) Take He may take possession of, get in and manage the Mortgaged Property. (b) (SellLEASE) He may lease any of the Mortgaged Property for any term (whether or not the Receiver has taken possession). (c) (CARRY ON BUSINESS) He may carry on or concur in carrying on any business. (d) (ACQUIRE ANY ASSET) He may acquire in any manner any asset (including to take it on lease). After that acquisition it will be included in the Mortgaged Property. (e) (MAINTAIN AND IMPROVE THE MORTGAGED PROPERTY) He may do anything to maintain, protect or improve any of the Mortgaged Property or to obtain income or returns from any of the Mortgaged Property (including by development, sub-division, construction, alteration, or repair, of any property or by pulling down, dismantling or scrapping, any property). (f) (LEND) He may lend money or provide financial accommodation. (g) (SELL) (i) Sell He may sell any of the Mortgaged Property (whether or not the Receiver has taken possession). (ii) Without limitation limitation, any sale may be made: (A) by public auction, private treaty or tender; (B) for cash or on credit; (C) in one lot or in parcels; (D) either with or without special conditions or stipulations as to title or time or mode of payment of purchase money or otherwise; (E) with power to allow the whole or any part of the purchase money to be deferred (whether with or without any security); and (F) whether or not in conjunction with the sale of any property by any person. (ch) (OptionsOPTIONS) Grant He may grant or take put or call options. (d) (Lease) Lease any of the Mortgaged Property for any term (whether or not the Receiver has taken possession). (e) (Carry on business) Carry on or concur in carrying on any business. (f) (Acquire any asset) Acquire in any manner any asset (including to take it on Lease). After that acquisition it will be included in the Mortgaged Property. (g) (Maintain and improve the Mortgaged Property) Anything to maintain, protect or improve any of the Mortgaged Property or to obtain income or returns from any of the Mortgaged Property (including by development, sub-division, construction, alteration, or repair, of any property or by pulling down, dismantling or scrapping, any property). (h) (Raise money) (i) Borrow or raise any money from any Mortgagee or any other person approved by the Collateral Agent; (ii) give Guarantees; and (iii) grant any Security Interest over any of the Mortgaged Property to secure that money or Guarantee. That Security Interest may rank in priority to or equally with or after, the security created by this Deed. It may be given in the name of the Mortgagor or otherwise. (i) (LendSEVER FIXTURES) Lend money or provide financial accommodation.He may sever fixtures. -------------------------------------------------------------------------------- Page 22 SECURITY TRUST DEED XXXXX XXXXX & XXXXXXX -------------------------------------------------------------------------------- (j) (Sever fixturesEMPLOY) Sever fixtures. (k) (Employ) Employ He may employ or discharge any person as employee, contractor, agent, professional adviser, consultant or auctioneer for any purpose. (lk) (CompromiseCOMPROMISE) Make He may make or accept any arrangement or compromise. (ml) (Give receiptsGIVE RECEIPTS) Give He may give receipts for money and other assets. (nm) (AuthorisationPERFORM AND ENFORCE AGREEMENTS) Apply for, take up, transfer or surrender any Authorisation or any variation of any Authorisation. (o) (Perform and enforce agreements)He may: (i) Perform perform or enforce; (ii) exercise or refrain from exercising the MortgagorChargor's rights and powers under; or (iii) obtain the benefit in other ways of, any documents or agreements or rights which form part of the Mortgaged Property and any documents or agreements entered into in exercise of any Power. (pn) (Vary and terminate agreementsVARY AND TERMINATE AGREEMENTS) VaryHe may vary, rescind or terminate any document or agreement (including surrendering surrender or accepting accept the surrender of Leasesleases). (qo) (Take AUTHORISATIONS) He may apply for, take up, transfer or surrender any Authorisation or any variation of any Authorisation. (p) (TAKE INSOLVENCY PROCEEDINGS) He may make, commence and pursue insolvency proceedings) Make debtors bankrupt, wind up companies proceedings against any person and do any thing in relation to any actual or contemplated Liquidation (including attending attend and voting vote at meetings of creditors and appoint proxies). (rq) (Take proceedingsTAKE PROCEEDINGS) CommenceHe may commence, defend, conduct, settle, discontinue or compromise proceedings in the name of the Mortgagor Chargor or otherwise. (sr) (Execute documentsEXECUTE DOCUMENTS) Enter He may enter into and execute documents or agreements on behalf of the Receiver himself or the Mortgagor. This includes using the Mortgagor's seal and signing, accepting and endorsing cheques, promissory notes and bills of exchangeChargor. (ts) (Operate bank accountsOPERATE BANK ACCOUNTS) Operate He may operate any bank account comprising part of the Mortgaged Property and open and operate any further bank account. (ut) (Surrender Mortgaged PropertySURRENDER MORTGAGED PROPERTY) SurrenderHe may surrender, release or transfer any of the Mortgaged Property. (u) (EXCHANGE MORTGAGED PROPERTY) He may exchange with any person any of the Mortgaged Property or exchange it for other property. (v) (Promote companiesPROMOTE COMPANIES) Promote He may promote the formation of companies with a view to purchasing any of the Mortgaged Property or assuming the obligations of the Mortgagor Chargor or otherwise. (w) (DelegateDELEGATE) Delegate He may delegate to any person approved by the Collateral Agent Security Trustee any of his Powers (including delegation). (x) (Have accessHAVE ACCESS) Have access to and make use He may exercise all the rights of the premises, plant, equipment, and records and accounting and other services of Chargor under the Mortgagor and the services of its staff. (y) (Vote) Exercise any voting or other rights or powers in Trust Documents with respect of any of the Mortgaged Property and do anything in relation to Marketable Securities. (z) (Other outgoings) Pay any outgoing or indebtedness of the Mortgagor or any other person. (aa) (Security Interests) Redeem any Security Interest or acquire it and any debt secured by it. (bb) (Make calls) Make calls on the members of the Mortgagor in respect of any Unpaid Capital. (cc) (Insure) Take out insurance and make, enforce, compromise and settle all claims in respect of insurance. (dd) (Incidental power) Do anything incidental to the exercise of any other PowerTrust Assets. All of the above paragraphs are to be construed independently. None limits the generality of any other.-------------------------------------------------------------------------------- Page 23 SECURITY TRUST DEED XXXXX XXXXX & XXXXXXX --------------------------------------------------------------------------------