Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any Company) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture (in the name of or on behalf of the Companies or in his own name and, in each case, at the cost of the Companies): (a) all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and on receivers appointed under that Act; (b) all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver); (c) all the powers and rights of an absolute owner and power to do or omit to do anything which each Company itself could do or omit to do; and (d) the power to do all things (including bringing or defending proceedings in the name or on behalf of the Companies) which seem to the Receiver to be reasonably incidental or conducive to (1) any of the functions, powers, authorities or discretions conferred on or vested in him or (2) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3) bringing to his hands any assets of the Companies forming part of, or which when got in would be, Charged Property.
Appears in 3 contracts
Sources: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.)
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any Companya Chargor) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company a Chargor which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture (in the name of or on behalf of the Companies a Chargor or in his own name and, in each case, at the cost of the Companiesthat Chargor):
(a) all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver);
(c) all the powers and rights of an absolute owner and power to do or omit to do anything which each Company a Chargor itself could do or omit to do; and
(d) the power to do all things (including bringing or defending proceedings in the name or on behalf of the Companiesa Chargor) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him or (2b) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3c) bringing to his hands any assets of the Companies a Chargor forming part of, or which when got in would be, Charged Property.
Appears in 3 contracts
Sources: Debenture (Global Crossing LTD), Debenture (Global Crossing Uk Telecommunications LTD), Debenture (Global Crossing (UK) Finance PLC)
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any the Company) have and be entitled to exercise, in relation to the Charged Property (and any assets of any the Company which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture Agreement (in the name of or on behalf of the Companies Company or in his own name and, in each case, at the cost of the CompaniesCompany):
(a) 14.1.1 all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ Act 1925 on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) 14.1.2 all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ Act 1986 (whether or not the Receiver is an administrative receiver);
(c) 14.1.3 all the powers and rights of an absolute owner and power to do or omit to do anything which each the Company itself could do or omit to do; and
(d) 14.1.4 the power to do all things (including bringing or defending proceedings in the name or on behalf of the CompaniesCompany) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him or (2b) the exercise of the Collateral Rights (including the realisation of all or any part of the Charged Property) or (3c) bringing to his hands any assets of the Companies Company forming part of, or which when got in would be, Charged Property.
Appears in 1 contract
Sources: Loan Agreement (Lottery.com Inc.)
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any CompanyChargor) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company Chargor which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture (in the name of or on behalf of the Companies relevant Chargor or in his own name and, in each case, at the cost of the Companiesthat Chargor):
(a) all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver);
(c) all the powers and rights of an absolute owner and power to do or omit to do anything which each Company the relevant Chargor itself could do or omit to do; and
(d) the power to do all things (including bringing or defending proceedings in the name or on behalf of the Companiesrelevant Chargor) which seem to the Receiver to be reasonably incidental or conducive to (1i) any of the functions, powers, authorities or discretions conferred on or vested in him or (2ii) the exercise of all rights, powers and remedies of the Collateral Rights Interim Security Agent under this Debenture (including realisation of all or any part of the Charged Property) or (3iii) bringing to his hands any assets of the Companies relevant Chargor forming part of, or which when got in obtained would be, Charged Property.
Appears in 1 contract
Sources: Debenture
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any Companythe Chargor) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company the Chargor which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture Deed (in the name of or on behalf of the Companies Chargor or in his own name and, in each case, at the cost of the CompaniesChargor):
(a) 12.1.1 all the powers conferred by the Law of Property ▇A▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) 12.1.2 all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇A▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver);
(c) 12.1.3 all the powers and rights of an absolute owner and power to do or omit to do anything which each Company the Chargor itself could do or omit to do; and
(d) 12.1.4 the power to do all things (including bringing or defending proceedings in the name or on behalf of the CompaniesChargor) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him or (2b) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3c) bringing to his hands any assets of the Companies Chargor forming part of, or which when got in would be, Charged Property.
Appears in 1 contract
Sources: Deed of Charge (Hertz Corp)
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any Charging Company) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Charging Company which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture (in the name of or on behalf of the Companies relevant Charging Company or in his own name and, in each case, at the cost of the Companiesthat Charging Company):
(a) 13.1.1 all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) 13.1.2 all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver);
(c) 13.1.3 all the powers and rights of an absolute owner and power to do or omit to do anything which each the relevant Charging Company itself could do or omit to do; and
(d) 13.1.4 the power to do all things (including bringing or defending proceedings in the name or on behalf of the Companiesrelevant Charging Company) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him or (2b) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3c) bringing to his hands any assets of the Companies relevant Charging Company forming part of, or which when got in would be, Charged Property.
Appears in 1 contract
Sources: Debenture
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any Company) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture (in the name of or on behalf of the Companies any Company or in his own name and, in each case, at the cost of the Companies):
(a) 17.1.1 insofar as applicable all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) 17.1.2 all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver);
(c) 17.1.3 all the powers and rights of an absolute owner and power to do or omit to do anything which each any Company itself could do or omit to do; and
(d) 17.1.4 the power to do all things (including bringing or defending proceedings in the name or on behalf of the Companiesany Company) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him or (2b) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3c) bringing to his hands any assets of the Companies forming part of, or which when got in would be, Charged Property.
Appears in 1 contract
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any Companythe Chargor) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company the Chargor which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture Deed (in the name of or on behalf of the Companies Chargor or in his own name and, in each case, at the cost of the CompaniesChargor):
(a) 13.1.1 all the powers conferred by the Law of Property ▇A▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) 13.1.2 all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇A▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver);
(c) 13.1.3 all the powers and rights of an absolute owner and power to do or omit to do anything which each Company the Chargor itself could do or omit to do; and
(d) 13.1.4 the power to do all things (including bringing or defending proceedings in the name or on behalf of the CompaniesChargor) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him or (2b) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3c) bringing to his hands any assets of the Companies Chargor forming part of, or which when got in would be, Charged Property.
Appears in 1 contract
Sources: Deed of Charge (Hertz Corp)
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any Companythe Chargor) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company the Chargor which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture Deed (in the name of or on behalf of the Companies Chargor or in his own name and, in each case, at the cost of the CompaniesChargor):
(a) 11.1.1 insofar as applicable all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and Act 1925 on receivers appointed under that Act;
(b) all the powers 11.1.2 al▇ ▇▇▇ ▇▇wers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ Act 1986 (whether or not the Receiver is an administrative adminis▇▇▇▇▇▇▇ receiver);
(c) 11.1.3 all the powers and rights of an absolute owner and power to do or omit to do anything which each Company the Chargor itself could do or omit to do; and
(d) 11.1.4 the power to do all things (including bringing or defending proceedings in the name or on behalf of the CompaniesChargor) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him or (2b) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3c) bringing to his hands any assets of the Companies Chargor forming part of, or which when got in would be, Charged Property.
Appears in 1 contract
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him the Receiver but notwithstanding any winding-up or dissolution of any Companythe Chargor) have and be entitled to exercise, in relation to the Charged Property Security Assets (and any assets of any Company the Chargor which, when got in, would be Charged PropertySecurity Assets) in respect of which he the Receiver was appointed, and as varied and extended by the provisions of this Debenture Deed (in the name of or on behalf of the Companies Chargor or in his own the name of the Receiver and, in each case, at the cost of the CompaniesChargor):
(a) 10.1.1 all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ Act 1925 on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) 10.1.2 all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ Act 1986 (whether or not the Receiver is an administrative receiver);
(c) 10.1.3 all the powers and rights of an absolute owner and power to do or omit to do anything which each Company the Chargor itself could do or omit to do; and
(d) 10.1.4 the power to do all things (including bringing or defending proceedings in the name or on behalf of the CompaniesChargor) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him the Receiver or (2b) the exercise of the Collateral Rights (including realisation of all or any part of the Charged PropertySecurity Assets) or (3c) bringing making available to his hands the Receiver any assets of the Companies Chargor forming part of, or which when got in would be, Charged PropertySecurity Assets.
Appears in 1 contract
Sources: Interim Security Agreement
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any the Company) have and be entitled to exercise, in relation to the Charged Property (and any assets of any the Company which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture Floating Charge (in the name of or on behalf of the Companies Company or in his own name and, in each case, at the cost of the CompaniesCompany):
(a) 11.1.1 all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) 11.1.2 all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver);
(c) 11.1.3 all the powers and rights of an absolute owner and power to do or omit to do anything which each the Company itself could do or omit to do; and
(d) 11.1.4 the power to do all things (including bringing or defending proceedings in the name or on behalf of the CompaniesCompany) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him or (2b) the exercise of the Collateral Rights (including the realisation of all or any part of the Charged Property) or (3c) bringing to his hands any assets of the Companies Company forming part of, or which when got in would be, Charged Property.
Appears in 1 contract
Sources: Floating Charge (Vernalis PLC)
Powers of Receiver. Every Each Receiver appointed under this Deed shall have (subject to any limitations or restrictions which the Chargee may incorporate in the deed or instrument appointing it) all the powers conferred from time to time on receivers by the Law of Property Act 1925 and the Insolvency Act 1986 (each of which is deemed incorporated in this Deed), so that the powers set out in schedule 1 to the Insolvency Act 1986 shall extend to every Receiver, whether or not an administrative receiver. In addition, notwithstanding any liquidation of the Chargor, each Receiver shall have power to:
(a) redeem any prior Security on or relating to the Charged Property and settle and pass the accounts of the person entitled to that prior Security, so that any accounts so settled and passed shall (subject to any restrictions in manifest error) be conclusive and binding on the instrument appointing him but notwithstanding any winding-up or dissolution of any Company) have Chargor and the money so paid shall be entitled deemed to exercise, in relation to the Charged Property (and any assets of any Company which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended an expense properly incurred by the provisions of this Debenture (in the name of or on behalf of the Companies or in his own name and, in each case, at the cost of the Companies):
(a) all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and on receivers appointed under that ActReceiver;
(b) all settle any claims, accounts, disputes, questions and demands with or by any person relating to any of the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver);Charged Property; and
(c) all the powers and rights of an absolute owner and power to do or omit to do anything which each Company itself could do or omit to do; and
(d) the power to do all other acts and things (including bringing or defending proceedings in the name or on behalf of the Companiessigning and executing all documents and deeds) which seem to as the Receiver considers to be reasonably incidental or conducive to (1) any of the functionsmatters or powers in this Clause 14.3, powersor otherwise incidental or conducive to the preservation, authorities improvement or discretions conferred on or vested in him or (2) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3) bringing to his hands any assets , and use the name of the Companies forming part ofChargor for all such purposes, or and in each case may use the name of the Chargor and exercise the relevant power in any manner which when got in would be, Charged Propertyhe may think fit.
Appears in 1 contract
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any CompanyChargor) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company Chargor which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture (in the name of or on behalf of the Companies relevant Chargor or in his own name and, in each case, at the cost of the Companiesthat Chargor):
(a) all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ Act 1925 on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ Act 1986 (whether or not the Receiver is an administrative receiver);
(c) all the powers and rights of an absolute owner and power to do or omit to do anything which each Company the relevant Chargor itself could do or omit to do; and
(d) the power to do all things (including bringing or defending proceedings in the name or on behalf of the Companiesrelevant Chargor) which seem to the Receiver to be reasonably incidental or conducive to (1i) any of the functions, powers, authorities or discretions conferred on or vested in him or (2ii) the exercise of all rights, powers and remedies of the Collateral Rights Interim Security Agent under this Debenture (including realisation of all or any part of the Charged Property) or (3iii) bringing to his hands any assets of the Companies relevant Chargor forming part of, or which when got in obtained would be, Charged Property.
Appears in 1 contract
Sources: Debenture
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any CompanyChargor) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company Chargor which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture Security Agreement (in the name of or on behalf of the Companies relevant Chargor or in his own name and, in each case, at the cost of the Companiesthat Chargor):
(a) 12.1.1 all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ Act 1925 on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) 12.1.2 all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ Act 1986 (whether or not the Receiver is an administrative receiver);
(c) 12.1.3 all the powers and rights of an absolute owner and power to do or omit to do anything which each Company the relevant Chargor itself could do or omit to do; and
(d) 12.1.4 the power to do all things (including bringing or defending proceedings in the name or on behalf of the Companiesrelevant Chargor) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him or (2b) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3c) bringing to his hands any assets of the Companies relevant Chargor forming part of, or which when got in would be, Charged Property.
Appears in 1 contract
Sources: Interim Security Agreement
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any CompanyChargor) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company Chargor which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture (in the name of or on behalf of the Companies relevant Chargor or in his own name and, in each case, at the cost of the Companiessuch Chargor):
(a) 17.1.1 all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) 17.1.2 all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver);
(c) 17.1.3 all the powers and rights of an absolute owner and power to do or omit to do anything which each Company the relevant Chargor itself could do or omit to do; and
(d) 17.1.4 the power to do all things (including bringing or defending proceedings in the name or on behalf of the Companiesrelevant Chargor) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him or (2b) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3c) bringing to his hands any assets of the Companies relevant Chargor forming part of, or which when got in would be, Charged Property.
Appears in 1 contract
Powers of Receiver. 10.1 Every Receiver shall (shall, in relation to the Charged Property in respect of which he is appointed and subject to any limitations or restrictions expressed in the instrument appointing him but notwithstanding any winding-up or dissolution of any the Company) , have and be entitled to exerciseexercise and in each case, in relation to the Charged Property (and any assets of any Company which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture Deed of Charge (in the name of or otherwise on behalf of the Companies Company or in his own name and, or otherwise on his own behalf and in each case, at the cost of the CompaniesCompany):
(aA) all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ LPA (or any other applicable legislation) on mortgagors and on mortgagees or creditors in possession and on receivers appointed under that Act;
(bB) whether or not the Receiver is in fact an administrative receiver, all the powers of an administrative receiver set out in Schedule schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ (whether as if the same were set out in full in this Deed of Charge and all other powers conferred on or not exercisable by him by virtue of the Receiver is an administrative receiver)provisions of the Insolvency ▇▇▇ ▇▇▇▇;
(cC) all the powers otherwise conferred by statute or common law on mortgagees or creditors in possession or receivers;
(D) all the powers and rights of an absolute owner and power to do or omit to do anything which each the Company itself could do or omit to do; anddo prior to the appointment of the Receiver;
(dE) the power to do all such other things (including bringing or defending proceedings in the name of or on behalf of the CompaniesCompany) which as may seem to the Receiver him to be reasonably necessary or desirable for the maintenance, preservation, protection, perfection and/or realisation of all or any part of the Charged Property and/or of the Security or to be incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him under or by virtue of this Deed of Charge or by law or (2b) the exercise of all rights, powers and remedies of the Collateral Rights Bank provided by or pursuant to this Deed of Charge or by law (including the realisation of all or any part of the Charged Property) or (3c) bringing to into his hands any assets of the Companies Company forming part of, or which when got in would be, Charged Property.
10.2 All the powers of a Receiver under this Deed of Charge may be exercised by the Bank at any time after the Security created by or pursuant to this Deed of Charge has become enforceable whether as attorney of the Company or otherwise and whether or not any Receiver shall have been appointed.
10.3 The provisions of Clause 9 and Clauses 10.1 and 10.2 and, in respect of the Billing Process Assets, Clause 7.2(A) are subject to the following:
(A) neither the Receiver nor the Bank shall have any power of sale in respect of the Billing Process Assets; and
(B) neither the Receiver nor the Bank shall be entitled to exercise rights of possession or access in respect of the Billing Process Assets to the exclusion of another party exercising similar rights under any security granted over those assets or to the exclusion of any other entities in the Group which make use of the Billing Process Assets for normal billing or accounting procedures in order to enable them to carry out such procedures.
Appears in 1 contract
Sources: Master Trade Receivables Financing Facility (British Energy Group PLC)
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any Companythe Chargor) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company the Chargor which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture Deed (in the name of or on behalf of the Companies Chargor or in his own name and, in each case, at the cost of the CompaniesChargor):
(a) 15.1.1 all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) 15.1.2 all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver);
(c) 15.1.3 all the powers and rights of an absolute owner and power to do or omit to do anything which each Company the Chargor itself could do or omit to do; and
(d) 15.1.4 the power to do all things (including bringing or defending proceedings in the name or on behalf of the CompaniesChargor) which seem to the Receiver to be reasonably incidental or conducive to (1a) any of the functions, powers, authorities or discretions conferred on or vested in him or (2b) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3c) bringing to his hands any assets of the Companies Chargor forming part of, or which when got in would be, Charged Property.
Appears in 1 contract
Sources: Deed of Charge (Hertz Corp)
Powers of Receiver. Every Receiver shall (subject to any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of any Companythe Chargor) have and be entitled to exercise, in relation to the Charged Property (and any assets of any Company the Chargor which, when got in, would be Charged Property) in respect of which he was appointed, and as varied and extended by the provisions of this Debenture (in the name of or on behalf of the Companies Chargor or in his own name and, in each case, at the cost of the CompaniesChargor):
(a) all the powers conferred by the Law of Property ▇▇▇ ▇▇▇▇ Act 1925 on mortgagors and on mortgagees in possession and on receivers appointed under that Act;
(b) all the powers of an administrative receiver set out in Schedule 1 to the Insolvency ▇▇▇ ▇▇▇▇ Act 1986 (whether or not the Receiver is an administrative receiver);
(c) all the powers and rights of an absolute owner and power to do or omit to do anything which each Company the Chargor itself could do or omit to do; and
(d) the power to do all things (including bringing or defending proceedings in the name or on behalf of the CompaniesChargor) which seem to the Receiver to be reasonably incidental or conducive to (1i) any of the functions, powers, authorities or discretions conferred on or vested in him or (2ii) the exercise of the Collateral Rights (including realisation of all or any part of the Charged Property) or (3iii) bringing to his hands any assets of the Companies Chargor forming part of, or which when got in would be, Charged Property.
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