Trustee or Receiver. Upon, or at any time after, commencement of foreclosure of the Lien provided for herein or any legal proceedings hereunder, make application to a court of competent jurisdiction as a matter of strict right and without notice to Grantor or regard to the adequacy of the Property for the repayment of the Obligations, for appointment of a receiver of the Property and Grantor do hereby irrevocably consent to such appointment. Any such receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Property upon such terms as may be approved by the court, and shall apply such Rents in accordance with the provisions of Paragraph 5.8 herein below.
Appears in 4 contracts
Samples: Deed of Trust and Security Agreement (Sterling Construction Co Inc), Deed of Trust and Security Agreement (Sterling Construction Co Inc), Deed of Trust and Security Agreement (Sterling Construction Co Inc)
Trustee or Receiver. Upon, or at any time after, commencement of foreclosure of the Lien provided for herein or any legal proceedings hereunder, make application to a court of competent jurisdiction as a matter of strict right and without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the Obligations, for appointment of a receiver of the Mortgaged Property and Grantor do does hereby irrevocably consent to such appointment. Any such receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall apply such Rents in accordance with the provisions of Paragraph 5.8 herein below.6.8
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (Spansion Inc.), Revolving Credit Agreement (Spansion Inc.), Deed of Trust, Security Agreement, Assignment of Rents and Financing Statement (Spansion Inc.)
Trustee or Receiver. Upon, or at any time after, commencement of foreclosure of the Lien provided for herein or any legal proceedings hereunder, make application to a court of competent jurisdiction as a matter of strict right and without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the Obligations, for appointment of a receiver of the Mortgaged Property and Grantor do does hereby irrevocably consent to such appointment. Any such receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall apply such Rents in accordance with the provisions of Paragraph 5.8 herein below6.8 hereinbelow.
Appears in 2 contracts
Samples: Deed of Trust (Advanced Micro Devices Inc), Deed of Trust (Spansion Inc.)
Trustee or Receiver. Upon, or at any time after, commencement of foreclosure of the Lien lien and security interest provided for herein or any legal proceedings hereunder, make application to a court of competent jurisdiction as a matter of strict right and without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the ObligationsIndebtedness, for appointment of a receiver of the Mortgaged Property and Grantor do does hereby irrevocably consent to such appointment. Any such receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall apply such Rents in accordance with the provisions of Paragraph 5.8 herein below7.7.
Appears in 1 contract
Samples: Security Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Trustee or Receiver. Upon, or at any time after, commencement of foreclosure of the Lien provided for herein or any legal proceedings hereunder, make application to a court of competent jurisdiction as a matter of strict right and without notice to Grantor or regard to the adequacy of the Property Collateral for the repayment of the Obligations, for appointment of a receiver of the Property Collateral, and Grantor do does hereby irrevocably consent to such appointment. Any such receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Property Collateral upon such terms as may be approved by the court, and shall apply such Rents in accordance with the provisions of Paragraph 5.8 herein belowSection 2.04(d) of the Loan Agreement.
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Trustee or Receiver. UponPrior to, upon or at any time after, ------------------- commencement of foreclosure of the Lien and security interest provided for herein or any legal proceedings hereunder, make application to a court of competent jurisdiction as a matter of strict right and without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the Obligations, Obligations for appointment of a receiver of the Property Mortgaged Property, and Grantor do does hereby irrevocably consent to such appointment. appointment Any such receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall apply such the Rents in accordance with the provisions of Paragraph 5.8 herein below.Section ------- 6.09 hereof. ----
Appears in 1 contract
Trustee or Receiver. Upon, or at any time after, commencement of foreclosure of the Lien lien and security interest provided for herein or any legal proceedings hereunder, make application to a court of competent jurisdiction jurisdiction, as a matter of strict right and without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the ObligationsIndebtedness, for appointment of a receiver of the Property Mortgaged Property, and Grantor do does hereby irrevocably consent to such appointment. Any such receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall apply such Rents in accordance with the provisions of Paragraph 5.8 herein belowparagraph 7.4 herein.
Appears in 1 contract
Samples: Future Advance Deed of Trust (Kv Pharmaceutical Co /De/)
Trustee or Receiver. Upon, or at any time after, commencement of foreclosure of the Lien provided for herein or any legal proceedings hereunder, make application to a court of competent jurisdiction as a matter of strict right and without notice to Grantor Trustor or regard to the adequacy of the Mortgaged Property for the repayment of the Obligations, for appointment of a receiver of the Mortgaged Property and Grantor do Trustor does hereby irrevocably consent to such appointment. Any such receiver shall have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged Property upon such terms as may be approved by the court, and shall apply such Rents in accordance with the provisions of Paragraph 5.8 herein below.6.8
Appears in 1 contract
Samples: Deed of Trust (Spansion Inc.)