Common use of Right to a Receiver Clause in Contracts

Right to a Receiver. If an Event of Default shall occur and be continuing, Mortgagee, shall be entitled to make application to a court of competent jurisdiction for, and (to the extent permitted by law) obtain from such a court, as a matter of right to the appointment of a receiver to take possession of and to operate the Mortgaged Property and to collect and apply the Rents. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Mortgaged Property is located. Mortgagor shall pay to Mortgagee upon demand all reasonable expenses, including receiver’s fees, reasonable attorney’s fees and disbursements, costs and agent’s compensation incurred pursuant to the provisions of this Section 2.05; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by Mortgagor to Mortgagee with interest thereon at the Interest Rate.

Appears in 6 contracts

Samples: Form of First Priority (Neiman Marcus, Inc.), Second Priority (Neiman Marcus, Inc.), Form of First Priority (Neiman Marcus Group Inc)

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Right to a Receiver. If an Event of Default shall occur and be continuing, Mortgagee, shall be entitled to make upon application to a court of competent jurisdiction forjurisdiction, and (shall be entitled to the extent permitted by law) obtain from such a court, as a matter of right to seek the appointment of a receiver to take possession of and to operate the Mortgaged Property and to collect and apply the Rents. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Mortgaged Property is locatedlocated consistent with the terms and provisions of this Mortgage. Mortgagor shall pay to Mortgagee upon demand all reasonable expenses, including reasonable receiver’s fees, reasonable attorney’s fees and disbursements, costs and agent’s compensation incurred pursuant to the provisions of this Section 2.05; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by Mortgagor be payable upon demand to Mortgagee with interest thereon at the Interest RateRate upon submission of an invoice therefor.

Appears in 3 contracts

Samples: Credit Agreement (SunCoke Energy Partners, L.P.), Term Loan Credit Agreement (SunCoke Energy Partners, L.P.), Credit Agreement (SunCoke Energy, Inc.)

Right to a Receiver. If an Event of Default shall occur and be continuing, Mortgagee, shall be entitled to make upon application to a court of competent jurisdiction forjurisdiction, and (shall be entitled as a matter of right, to the extent permitted by applicable law) obtain from such a court, as a matter of right to the appointment of a receiver to take possession of and to operate the Mortgaged Property and to collect and apply the Rents. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Mortgaged Property is located. Mortgagor shall pay to Mortgagee upon demand all reasonable documented and out of pocket expenses, including receiver’s fees, reasonable attorney’s fees and disbursements, costs and agent’s compensation incurred pursuant to the provisions of this Section 2.05; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by Mortgagor to Mortgagee with interest thereon at the Interest Rate.

Appears in 2 contracts

Samples: Credit Agreement (AssetMark Financial Holdings, Inc.), Credit Agreement (AssetMark Financial Holdings, Inc.)

Right to a Receiver. If an Event of Default shall occur and be continuing, Mortgagee, shall be entitled to make upon application to a court of competent jurisdiction forjurisdiction, and (to the extent permitted by law) obtain from such a court, shall be entitled as a matter of right right, but subject to any limitations of applicable law, including healthcare laws, to the appointment of a receiver to take possession of and to operate the Mortgaged Property and to collect and apply the Rents. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Mortgaged Property is located. Mortgagor shall pay to Mortgagee upon demand all reasonable expenses, including receiver’s fees, reasonable attorney’s fees and disbursements, costs and agent’s compensation incurred pursuant to the provisions of this Section 2.05; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by Mortgagor to Mortgagee with interest thereon at the Interest Rate.

Appears in 1 contract

Samples: Credit Agreement (Sun Healthcare Group Inc)

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Right to a Receiver. If an Event of Default shall occur and be continuing, Mortgagee, shall be entitled to make upon application to a court of competent jurisdiction forjurisdiction, and (to the extent permitted by law) obtain from such a court, shall be entitled as a matter of right to the appointment of a receiver (which may be Mortgagee or an employee of Mortgagee) to take possession of and to operate the Mortgaged Property and to collect and apply the Rents. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Mortgaged Property is located. Mortgagor shall pay to Mortgagee upon demand all reasonable expenses, including receiver’s 's fees, reasonable attorney’s 's fees and disbursements, costs and agent’s 's compensation incurred pursuant to the provisions of this Section 2.05; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by Mortgagor to Mortgagee with interest thereon at the Default Interest Rate.

Appears in 1 contract

Samples: Senior Credit Agreement (Rite Aid Corp)

Right to a Receiver. If an a First Lien Event of Default shall occur and be continuing, Mortgagee, shall be entitled to make upon application to a court of competent jurisdiction forjurisdiction, and (to the extent permitted by law) obtain from such a court, shall be entitled as a matter of right to the appointment of a receiver to take possession of and to operate the Mortgaged Property and to collect and apply the Rents. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Mortgaged Property is located. Subject to Section 9.05 of the Credit Agreement, Mortgagor shall pay to Mortgagee upon promptly following demand all reasonable expenses, including receiver’s fees, reasonable attorney’s fees and disbursements, costs and agent’s compensation incurred pursuant to the provisions of this Section 2.05; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by Mortgagor to Mortgagee with interest thereon at the Interest Rate.

Appears in 1 contract

Samples: Credit Agreement (Itc Deltacom Inc)

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