Common use of Right to a Receiver Clause in Contracts

Right to a Receiver. If an Event of Default shall occur and be continuing, the Mortgagee, upon application to a court of competent jurisdiction, shall be entitled as a matter of right to the appointment of a receiver to take possession of and to operate the Encumbered Property and to collect and apply the Rents. The Mortgagor hereby consents to such appointment and acknowledges and agrees that the Mortgagee shall be entitled to such appointment without notice and without regard for the adequacy of security for the Finance Obligations or the solvency of the Mortgagor or any party liable for the Finance Obligations. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Encumbered Property is located. The Mortgagor will pay to the Mortgagee upon demand all expenses, including receiver’s fees, attorneys’ fees and disbursements that are actually incurred (not as imposed by statute), costs and agent’s compensation incurred pursuant to the provisions of this Section 4.05; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default Rate.

Appears in 4 contracts

Samples: Credit Agreement (ATD Corp), Credit Agreement (ATD Corp), Credit Agreement (American Tire Distributors Holdings, Inc.)

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Right to a Receiver. If an Event of Default shall occur and be continuing, the Mortgagee, upon application to a court of competent jurisdiction, shall be entitled as a matter of right to the appointment of a receiver to take possession of and to operate the Encumbered Property and to collect and apply the Rents. The Mortgagor hereby consents to such appointment and acknowledges and agrees that the Mortgagee shall be entitled to such appointment without notice and without regard for the adequacy of security for the Finance Obligations or the solvency of the Mortgagor or any party liable for the Finance Obligations. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Encumbered Property is located. The Mortgagor will pay to the Mortgagee upon demand all expenses, including receiver’s fees, attorneys’ fees and disbursements that are actually incurred (not as imposed by statute), costs and agent’s compensation incurred pursuant to the provisions of this Section 4.05; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default Interest Rate.

Appears in 2 contracts

Samples: Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc)

Right to a Receiver. If an Event of Default shall occur and be continuing, continuing the Mortgagee, upon application to a court of competent jurisdiction, shall be entitled as a matter of right to the appointment of a receiver to take possession of and to operate the Encumbered Mortgaged Property and to collect and apply the Rents. The Mortgagor hereby consents to such appointment and acknowledges and agrees that the Mortgagee shall be entitled to such appointment without notice and without regard for the adequacy of security for the Finance Obligations or the solvency of the Mortgagor or any party liable for the Finance ObligationsObligations and without regard to the then value of the Mortgaged Property and without regard to whether the Mortgagor has committed waste or allowed deterioration of the Mortgaged Property; and the Mortgagee or an agent of the Mortgagee may be appointed as such receiver. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Encumbered Property is locatedCommonwealth of Pennsylvania. The Mortgagor will pay to the Mortgagee upon demand all expenses, including receiver’s 's fees, reasonable attorneys' fees and disbursements that are actually incurred (not as imposed by statute), costs and agent’s 's compensation incurred pursuant to the provisions of this Section 4.053.05; and and, subject to the limitations set forth in Section 1.02, all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default Rate.

Appears in 2 contracts

Samples: Credit Agreement (Orion Power Holdings Inc), Credit Agreement (Orion Power Holdings Inc)

Right to a Receiver. If During the continuance of an Event of Default shall occur and be continuing, the MortgageeDefault, upon application to a court of competent jurisdictionjurisdiction or as otherwise required by applicable law and without notice, shall be entitled as a matter of right to the appointment of a receiver may be appointed to take possession of of, and to operate operate, maintain and manage, the Encumbered Property whole or any part of the Mortgaged Property, and to collect the Mortgagor shall transfer and apply the Rents. The Mortgagor hereby consents deliver to such appointment receiver all such Mortgaged Property, wheresoever it may be situated; and acknowledges and agrees that in every case, when a receiver of the Mortgagee whole or of any part of such Mortgaged Property shall be entitled to appointed under this Section 2.04, or otherwise, the net income and profits of such appointment without notice Mortgaged Property shall be paid over to, and without regard for shall be received by, the adequacy of security for the Finance Obligations or the solvency of the Mortgagor or any party liable for the Finance ObligationsMortgagee. The Any receiver so appointed shall have all of the rights and powers permitted under the laws of the state wherein the Encumbered Mortgaged Property is located, including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court. The Mortgagor will shall pay to the Mortgagee upon demand all reasonable documented and out of pocket expenses, including receiver’s fees, attorneys’ reasonable attorney’s fees (excluding internal counsel) and disbursements that are actually incurred (not as imposed by statute)disbursements, costs and agent’s compensation incurred pursuant to the provisions of this Section 4.052.04; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default RateMortgagee.

Appears in 1 contract

Samples: Mortgage, Security Agreement, Fixture Filing and Financing Statement (Midamerican Energy Co)

Right to a Receiver. If an Event of Default shall occur and be continuing, the Mortgagee, upon application to a court of competent jurisdiction, shall be entitled as a matter of right to the appointment of a receiver to take possession of and to operate the Encumbered Property and to collect and apply the Rents. The Mortgagor hereby consents to such appointment and acknowledges and agrees that the Mortgagee shall be entitled to such appointment without notice and without regard for the adequacy of security for the Finance Obligations or the solvency of the Mortgagor or any party liable for the Finance Obligations. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Encumbered Property is located. The Mortgagor will pay to the Mortgagee upon demand all expenses, including receiver’s fees, attorneys’ fees and disbursements that are actually incurred (not as imposed by statute), costs and agent’s compensation incurred pursuant to the provisions of this Section 4.05; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default Rate.. 35 Section 4.06 Foreclosure and Sale. 36

Appears in 1 contract

Samples: Senior Secured Notes Indenture (American Tire Distributors Holdings, Inc.)

Right to a Receiver. If an Event of Default shall occur and be continuing, the Mortgagee, upon application to a court of competent jurisdiction, shall be entitled as a matter of right to the appointment of a receiver to take possession of and to operate the Encumbered Mortgaged Property and to collect and apply the Rents. The Mortgagor hereby consents to such appointment and acknowledges and agrees that the Mortgagee shall be entitled to such appointment without notice and without regard for the adequacy of security for the Finance Obligations or the solvency of the Mortgagor or any party liable for the Finance Obligations. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Encumbered Mortgaged Property is located. The Mortgagor will shall pay to the Mortgagee upon demand all reasonable expenses, including receiver’s 's fees, reasonable attorneys' fees and disbursements that are actually incurred (not as imposed by statute)disbursements, costs and agent’s 's compensation incurred pursuant to the provisions of this Section 4.05; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default RateInterest rate. Any court-appointed receiver of all or any part of the Mortgaged Property, to the extent permitted by applicable law, shall be an agent of the court appointing such receiver and not an agent of the Mortgagee, and no acts of such receiver shall be deemed to be acts of the Mortgagee.

Appears in 1 contract

Samples: Credit Agreement (Graham Packaging Holdings Co)

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Right to a Receiver. If an Event of Default shall occur and be continuing, continuing the Mortgagee, upon application to a court of competent jurisdiction, shall be entitled as a matter of right to the appointment of a receiver to take possession of and to operate the Encumbered Mortgaged Property and to collect and apply the Rents. The Mortgagor hereby consents to such appointment and acknowledges and agrees that the Mortgagee shall be entitled to such appointment without notice and without regard for the adequacy of security for the Finance Obligations or the solvency of the Mortgagor or any party liable for the Finance Obligations. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Encumbered Mortgaged Property is located. The Mortgagor will pay to the Mortgagee upon demand all expenses, including receiver’s 's fees, reasonable attorneys' fees and disbursements that are actually incurred (not as imposed by statute), costs and agent’s 's compensation incurred pursuant to the provisions of this Section 4.052.05; and and, subject to the limitations set forth in Section 1.03, all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default Interest Rate.

Appears in 1 contract

Samples: Credit Agreement (Orion Power Holdings Inc)

Right to a Receiver. If an Event of Default shall occur and be continuing, continuing the Mortgagee, upon application to a court of competent jurisdiction, shall be entitled as a matter of right to the appointment of a receiver to take possession of and to operate the Encumbered Mortgaged Property and to collect and apply the Rents. The Mortgagor hereby consents to such appointment and acknowledges and agrees that the Mortgagee shall be entitled to such appointment without notice and without regard for the adequacy of security for the Finance Obligations or the solvency of the Mortgagor or any party liable for the Finance ObligationsObligations and without regard to the then value of the Mortgaged Property and without regard to whether the Mortgagor has committed waste or allowed deterioration of the Mortgaged Property; and the Mortgagee or an agent of the Mortgagee may be appointed as such receiver. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Encumbered Mortgaged Property is located. The Mortgagor will pay to the Mortgagee upon demand all expenses, including receiver’s 's fees, reasonable attorneys' fees and disbursements that are actually incurred (not as imposed by statute), costs and agent’s 's compensation incurred pursuant to the provisions of this Section 4.052.05; and and, subject to the limitations set forth in Section 1.03, all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by the Mortgagor to the Mortgagee with interest thereon at the Default Rate.

Appears in 1 contract

Samples: Credit Agreement (Orion Power Holdings Inc)

Right to a Receiver. If an Event of Default shall occur and be ------------------- continuing, the MortgageeBeneficiary, upon application to a court of competent jurisdiction, shall be entitled as a matter of right to the appointment of a receiver to take possession of and to operate the Encumbered Trust Property and to collect and apply the Rents. The Mortgagor Grantor hereby consents to such appointment and acknowledges and agrees that the Mortgagee Beneficiary shall be entitled to such appointment without notice and without regard for the adequacy of security for the Finance Obligations or the solvency of the Mortgagor Grantor or any party liable for the Finance Obligations. The receiver shall have all of the rights and powers permitted under the laws of the state wherein the Encumbered Trust Property is located. The Mortgagor Grantor will pay to the Mortgagee Beneficiary upon demand all expenses, including receiver’s 's fees, attorneys' fees and disbursements that are actually incurred (not as imposed by statute), costs and agent’s 's compensation incurred pursuant to the provisions of this Section 4.052.5; and all such expenses shall be secured by this Mortgage and shall be, without demand, immediately repaid by the Mortgagor Grantor to the Mortgagee Beneficiary with interest thereon at the Default Interest Rate.

Appears in 1 contract

Samples: Credit Agreement (Us Oncology Inc)

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