Common use of Powers of Receivers Clause in Contracts

Powers of Receivers. Any Receiver appointed pursuant to clause 6.1 (Appointment of Receivers) shall have the following rights, powers and discretions (in addition to those conferred by the Law of Property A▇▇ ▇▇▇▇ on any Receiver appointed under the Law of Property Act 1925): (a) to take immediate possession of, get in and collect any Collateral and to require payment to it or to the Security Agent of any credit balance on any Custody Account or Bank Account; (b) to carry on any business of the Chargor in any manner he thinks fit; (c) to enter into any contract or arrangement and to perform, repudiate, succeed or vary any contract or arrangement to which the Chargor is party; (d) to appoint and discharge managers, officers, agents, accountants, servants, workmen and others for the purposes of this Deed upon such terms as to remuneration or otherwise as he thinks fit and to discharge any person appointed by the Chargor; (e) to raise and borrow money either unsecured or on the security of any Collateral either in priority to this Security or otherwise and generally on any terms and for whatever purpose which he thinks fit; (f) to sell, exchange, convert into money and realise any Collateral by public auction or private contract and generally in any manner, and on any terms which he thinks fit and for a consideration of any kind (which may be payable in a lump sum or by instalments spread over any period); (g) to settle, adjust, refer to arbitration, compromise and arrange any claim, account, dispute, question or demand with or by any person who is or claims to be a creditor of the Chargor or relating in any way to any Collateral; (h) to bring, prosecute, enforce, defend and abandon any action, suit or proceedings in relation to any Collateral which he thinks fit; (i) to give a valid receipt for any moneys and execute any assurance or thing which may be proper or desirable for realising any Collateral; (j) to form a subsidiary of the Chargor and transfer to that subsidiary any Collateral; (k) to delegate his powers in accordance with this Deed; (l) to lend money or advance credit to any customer of the Chargor; (m) to effect any insurance and do any other act which the Chargor might do in the ordinary conduct of its business to protect or improve any Collateral in each case as he thinks fit; (n) to do all other acts and things which he may consider desirable or necessary for realising any Collateral or incidental or conducive to any of the rights, powers or discretions conferred on a Receiver under or by virtue of this Deed or law; (o) to exercise all the powers described in schedule 1 to the Insolvency A▇▇ ▇▇▇▇ whether or not the Receiver is an administrative receiver as defined in the Insolvency A▇▇ ▇▇▇▇; (p) to purchase or acquire by leasing, hiring, licensing or otherwise (for such consideration and on such terms as he may think fit) any assets which he considers necessary or desirable for the carrying on, improvement, realisation or other benefit of any of the Collateral or the business of the Chargor; (q) to exercise in relation to any Collateral all the powers, authorities and things which he would be capable of exercising if he were the absolute beneficial owner of that Collateral; and (r) to use the name of the Chargor for any of the above purposes.

Powers of Receivers. Any Every Receiver appointed pursuant shall (subject to clause 6.1 (Appointment any restrictions in the instrument appointing him but notwithstanding any winding-up or dissolution of Receiversthe Funding 2 Collateralised GIC Account Bank) shall have and be entitled to exercise, in relation to the following rightsSecurity Assets in respect of which he was appointed, powers and discretions as varied and extended by the provisions of this Agreement (in addition to those the name of or on behalf of the Funding 2 Collateralised GIC Account Bank or in his own name and, in each case, at the cost of the Funding 2 Collateralised GIC Account Bank): (a) all the powers conferred by the Law of Property A▇▇▇ ▇▇▇▇ on any Receiver mortgagors and on mortgagees in possession and on receivers appointed under the Law of Property Act 1925): (a) to take immediate possession of, get in and collect any Collateral and to require payment to it or to the Security Agent of any credit balance on any Custody Account or Bank Accountthat Act; (b) to carry on any business of the Chargor in any manner he thinks fit; (c) to enter into any contract or arrangement and to perform, repudiate, succeed or vary any contract or arrangement to which the Chargor is party; (d) to appoint and discharge managers, officers, agents, accountants, servants, workmen and others for the purposes of this Deed upon such terms as to remuneration or otherwise as he thinks fit and to discharge any person appointed by the Chargor; (e) to raise and borrow money either unsecured or on the security of any Collateral either in priority to this Security or otherwise and generally on any terms and for whatever purpose which he thinks fit; (f) to sell, exchange, convert into money and realise any Collateral by public auction or private contract and generally in any manner, and on any terms which he thinks fit and for a consideration of any kind (which may be payable in a lump sum or by instalments spread over any period); (g) to settle, adjust, refer to arbitration, compromise and arrange any claim, account, dispute, question or demand with or by any person who is or claims to be a creditor of the Chargor or relating in any way to any Collateral; (h) to bring, prosecute, enforce, defend and abandon any action, suit or proceedings in relation to any Collateral which he thinks fit; (i) to give a valid receipt for any moneys and execute any assurance or thing which may be proper or desirable for realising any Collateral; (j) to form a subsidiary of the Chargor and transfer to that subsidiary any Collateral; (k) to delegate his powers in accordance with this Deed; (l) to lend money or advance credit to any customer of the Chargor; (m) to effect any insurance and do any other act which the Chargor might do in the ordinary conduct of its business to protect or improve any Collateral in each case as he thinks fit; (n) to do all other acts and things which he may consider desirable or necessary for realising any Collateral or incidental or conducive to any of the rights, powers or discretions conferred on a Receiver under or by virtue of this Deed or law; (o) to exercise all the powers described of an administrative receiver set out in schedule Schedule 1 to the Insolvency A▇▇▇ ▇▇▇▇ (whether or not the Receiver is an administrative receiver as defined in the Insolvency A▇▇ ▇▇▇▇receiver); (pc) all the powers and rights of an absolute owner and power to purchase do or acquire by leasing, hiring, licensing omit to do anything which the Funding 2 Collateralised GIC Account Bank itself could do or otherwise (for such consideration and on such terms as he may think fit) any assets which he considers necessary or desirable for the carrying on, improvement, realisation or other benefit of any of the Collateral or the business of the Chargoromit to do; (qd) the power to exercise in relation to any Collateral all delegate (either generally or specifically) the powers, authorities and things discretions conferred on it by this Agreement (including the power of attorney) on such terms and conditions as it shall see fit which he would be capable delegation shall not preclude either the subsequent exercise any subsequent delegation or any revocation of exercising if he were such power, authority or discretion by the absolute beneficial owner of that CollateralReceiver itself; and (re) the power to use do all things (including bringing or defending proceedings in the name or on behalf of the Chargor for Funding 2 Collateralised GIC Account Bank) which seem to the Receiver to be incidental or conducive to: (i) any of the above purposesfunctions, powers, authorities or discretions conferred on or vested in him; (ii) the exercise of any rights, powers and remedies of Funding 2 provided by or pursuant to this Agreement or by law (including realisation of all or any part of the Security Assets); or (iii) bringing to his hands any assets of the Funding 2 Collateralised GIC Account Bank forming part of, or which when got in would be, Security Assets.

Powers of Receivers. Any Notwithstanding any Dissolution applicable to any Chargor, any Receiver appointed pursuant to clause 6.1 Clause 18.1 (Appointment of Receivers) shall have the following rights, powers and discretions: (a) all the rights, powers and discretions (in addition to those conferred by the Law of Property A▇▇ ▇▇▇▇ LPA 1925 on mortgagors and on mortgagees in possession and on any Receiver receiver appointed under the Law of Property Act LPA 1925):; (ab) all the rights, powers and discretions of an administrative receiver set out in Schedule 1 to the IA 1986 as in force on the date of this Deed (whether or not in force on the date of exercise) and all rights, powers and discretions of an administrative receiver that may be added to Schedule 1 to the IA 1986 after the date of this Deed, in each case, whether or not the Receiver is an administrative receiver (as defined in the IA 1986); (c) all the rights, powers and discretions expressed to be conferred upon the Common Security Agent in this Deed and any Debt Document, including all the rights, powers and discretions conferred upon the Common Security Agent in the Debt Documents to release any Security Asset from the Transaction Security; (d) to take immediate possession of, get in and collect any Collateral Security Asset and to require payment to it him or to the Common Security Agent of any Monetary Claims or credit balance on any Custody Account or Bank Account; (be) to carry on any business of the any Chargor in any manner he thinks considers fit; (cf) to enter into any contract or arrangement and to perform, repudiate, succeed or vary any contract or arrangement to which the any Chargor is a party; (dg) to appoint and discharge any managers, officers, agents, accountants, servants, workmen and others for the purposes of this Deed upon such terms as to remuneration or otherwise as he thinks considers fit and to discharge any person appointed by the any Chargor; (eh) to raise and borrow money either unsecured or on the security of any Collateral Security Asset either in priority to the Transaction Security created pursuant to this Security Deed or otherwise and generally on any terms and for whatever purpose which he thinks considers fit; (fi) to sell, exchange, convert into money and realise any Collateral Security Asset by public auction or private contract and generally in any manner, and on any terms terms, which he thinks fit considers fit, and for a consideration of any kind (which may be payable in a lump sum or by instalments spread over any period); (gj) to settle, adjust, refer to arbitration, compromise and arrange any claim, account, dispute, question or demand with or by any person who is or claims to be a creditor of the any Chargor or relating in any way to any CollateralSecurity Asset; (hk) to bring, prosecute, enforce, defend and abandon any action, suit or proceedings in relation to any Collateral Security Asset which he thinks considers fit; (il) to give a valid receipt for any moneys monies and execute any assurance or thing which may be proper or desirable for realising any CollateralSecurity Asset; (jm) to form a subsidiary Subsidiary of the any Chargor and transfer to that subsidiary Subsidiary any CollateralSecurity Asset; (kn) to delegate his powers in accordance with this Deed; (lo) to lend money or advance credit to any customer of the any Chargor; (mp) to effect any insurance and do any other act which the a Chargor might do in the ordinary conduct of its business to protect or improve any Collateral Security Asset, in each case case, as he thinks considers fit; (nq) to purchase or acquire by leasing, hiring, licensing or otherwise (for such consideration and on such terms as he may consider fit) any assets which he considers necessary or desirable for the carrying on, improvement, realisation or other benefit of any of the Security Assets or the business of any Chargor; (r) to exercise in relation to any Security Asset all the powers, authorities and things which he would be capable of exercising if he were the absolute beneficial owner of that Security Asset; (s) to make any payment and incur any expenditure, which the Common Security Agent is, pursuant to this Deed, expressly or impliedly authorised to make or incur; (t) to do all other acts and things which he may consider desirable or necessary for realising any Collateral Security Asset or incidental or conducive to any of the rights, powers or discretions conferred on a Receiver under or by virtue of this Deed or law; (o) to exercise all the powers described in schedule 1 to the Insolvency A▇▇ ▇▇▇▇ whether or not the Receiver is an administrative receiver as defined in the Insolvency A▇▇ ▇▇▇▇; (p) to purchase or acquire by leasing, hiring, licensing or otherwise (for such consideration and on such terms as he may think fit) any assets which he considers necessary or desirable for the carrying on, improvement, realisation or other benefit of any of the Collateral or the business of the Chargor; (q) to exercise in relation to any Collateral all the powers, authorities and things which he would be capable of exercising if he were the absolute beneficial owner of that Collateral; and (ru) to use the name of the any Chargor for any of the above purposespurposes set out in paragraphs (a) to (t) (inclusive) above.

Powers of Receivers. Any Notwithstanding any Dissolution applicable to any Chargor, any Receiver appointed pursuant to clause 6.1 Clause 18.1 (Appointment of Receivers) shall have the following rights, powers and discretions: (a) all the rights, powers and discretions (in addition to those conferred by the Law of Property A▇▇ ▇▇▇▇ LPA 1925 on mortgagors and on mortgagees in possession and on any Receiver receiver appointed under the Law of Property Act LPA 1925):; (ab) all the rights, powers and discretions of an administrative receiver set out in Schedule 1 to the IA 1986 as in force on the date of this Deed (whether or not in force on the date of exercise) and all rights, powers and discretions of an administrative receiver that may be added to Schedule 1 to the IA 1986 after the date of this Deed, in each case, whether or not the Receiver is an administrative receiver (as defined in the IA 1986); (c) all the rights, powers and discretions expressed to be conferred upon the Collateral Agent in this Deed and any Debt Document, including all the rights, powers and discretions conferred upon the Collateral Agent in the Debt Documents to release any Security Asset from the Transaction Security; (d) to take immediate possession of, get in and collect any Collateral Security Asset and to require payment to it him or to the Security Collateral Agent of any Monetary Claims or credit balance on any Custody Account or Bank Account; (be) to carry on any business of the any Chargor in any manner he thinks considers fit; (cf) to enter into any contract or arrangement and to perform, repudiate, succeed or vary any contract or arrangement to which the any Chargor is a party; (dg) to appoint and discharge any managers, officers, agents, accountants, servants, workmen and others for the purposes of this Deed upon such terms as to remuneration or otherwise as he thinks considers fit and to discharge any person appointed by the any Chargor; (eh) to raise and borrow money either unsecured or on the security of any Collateral Security Asset either in priority to the Transaction Security created pursuant to this Security Deed or otherwise and generally on any terms and for whatever purpose which he thinks considers fit; (fi) to sell, exchange, convert into money and realise any Collateral Security Asset by public auction or private contract and generally in any manner, and on any terms terms, which he thinks fit considers fit, and for a consideration of any kind (which may be payable in a lump sum or by instalments spread over any period); (gj) to settle, adjust, refer to arbitration, compromise and arrange any claim, account, dispute, question or demand with or by any person who is or claims to be a creditor of the any Chargor or relating in any way to any CollateralSecurity Asset; (hk) to bring, prosecute, enforce, defend and abandon any action, suit or proceedings in relation to any Collateral Security Asset which he thinks considers fit; (il) to give a valid receipt for any moneys monies and execute any assurance or thing which may be proper or desirable for realising any CollateralSecurity Asset; (jm) to form a subsidiary Subsidiary of the any Chargor and transfer to that subsidiary Subsidiary any CollateralSecurity Asset; (kn) to delegate his powers in accordance with this Deed; (lo) to lend money or advance credit to any customer of the any Chargor; (mp) to effect any insurance and do any other act which the a Chargor might do in the ordinary conduct of its business to protect or improve any Collateral Security Asset, in each case case, as he thinks considers fit; (nq) to purchase or acquire by leasing, hiring, licensing or otherwise (for such consideration and on such terms as he may consider fit) any assets which he considers necessary or desirable for the carrying on, improvement, realisation or other benefit of any of the Security Assets or the business of any Chargor; (r) to exercise in relation to any Security Asset all the powers, authorities and things which he would be capable of exercising if he were the absolute beneficial owner of that Security Asset; (s) to make any payment and incur any expenditure, which the Collateral Agent is, pursuant to this Deed, expressly or impliedly authorised to make or incur; (t) to do all other acts and things which he may consider desirable or necessary for realising any Collateral Security Asset or incidental or conducive to any of the rights, powers or discretions conferred on a Receiver under or by virtue of this Deed or law; (o) to exercise all the powers described in schedule 1 to the Insolvency A▇▇ ▇▇▇▇ whether or not the Receiver is an administrative receiver as defined in the Insolvency A▇▇ ▇▇▇▇; (p) to purchase or acquire by leasing, hiring, licensing or otherwise (for such consideration and on such terms as he may think fit) any assets which he considers necessary or desirable for the carrying on, improvement, realisation or other benefit of any of the Collateral or the business of the Chargor; (q) to exercise in relation to any Collateral all the powers, authorities and things which he would be capable of exercising if he were the absolute beneficial owner of that Collateral; and (ru) to use the name of the any Chargor for any of the above purposespurposes set out in paragraphs (a) to (t) (inclusive) above.