Common use of Receiver’s Powers Clause in Contracts

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent shall be vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be within the sole and unfettered discretion of the Collateral Agent. (2) Any receiver appointed by the Collateral Agent shall act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Obligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the Obligor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral Agent, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Obligor or otherwise and shall not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent shall be is vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligor Obligors or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be are within the sole and unfettered discretion of the Collateral Agent. (2) Any receiver appointed by the Collateral Agent shall will act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorObligors. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor Obligors or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligor agrees Obligors agree to ratify and confirm all actions of the receiver acting as agent for the ObligorObligors, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral Agent, in appointing or refraining from appointing any receiver, shall does not incur liability to the receiver, the Obligor Obligors or otherwise and shall is not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent shall be is vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be are within the sole and unfettered discretion of the Collateral Agent. (2) Any receiver appointed by the Collateral Agent shall will act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Obligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the Obligor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral Agent, in appointing or refraining from appointing any receiver, shall does not incur liability to the receiver, the Obligor or otherwise and shall is not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1a) Any receiver appointed by the Collateral Agent shall be is vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligor any Assignor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be are within the sole and unfettered discretion of the Collateral Agent. (2b) Any receiver appointed by the Collateral Agent shall will act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorAssignors. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor Assignors or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligor Each Assignor agrees to ratify and confirm all actions of the receiver acting as agent for the Obligorsuch Assignor, and to release and indemnify the receiver in respect of all such actions. (3c) The Collateral Agent, in appointing or refraining from appointing any receiver, shall does not incur liability to the receiver, the Obligor Assignors or otherwise and shall is not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent shall be vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be within the sole and unfettered discretion of the Collateral Agent. (2) Any receiver appointed by the Collateral Agent shall act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Obligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretiona commercially reasonable manner. The Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the Obligor, and to release and indemnify the receiver in respect of all such actionsactions (except for actions constituting gross negligence and/or wilful misconduct as determined in a final and unappealable decision by a court of competent jurisdiction). (3) The Collateral Agent, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Obligor or otherwise and shall not not, except as required by applicable law, be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Security Agent shall be is vested with the rights and remedies which could have been exercised by the Collateral Security Agent in respect of the Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be are within the sole and unfettered discretion of the Collateral Security Agent. (2) Any receiver appointed by the Collateral Security Agent shall will act as agent for the Collateral Security Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Obligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor or as agent for the Collateral Security Agent as the Collateral Security Agent may determine in its discretion. The Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the Obligor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral Security Agent, in appointing or refraining from appointing any receiver, shall does not incur liability to the receiver, the Obligor or otherwise and shall is not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1a) Any receiver appointed by the Collateral Agent shall be vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligor Corporation or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instrumentsCollateral. The identity of the receiver, its replacement and its remuneration shall be within the sole and unfettered discretion of the Collateral Agent. Any receiver appointed by a court shall have all powers and discretions as are granted in the instrument of appointment and any supplemental instruments. (2b) Any receiver appointed by the Collateral Agent shall act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorCorporation. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor Corporation or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligor Corporation agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorCorporation, and to release and indemnify the receiver in respect of all such actions. (3c) The Collateral Agent, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Obligor Corporation or otherwise and shall not be responsible for any misconduct or negligence of such the receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent shall be is vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the each Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be are within the sole and unfettered discretion of the Collateral Agent. (2) Any receiver appointed by the Collateral Agent shall will act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the each Obligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the each Obligor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Each Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the such Obligor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral Agent, in appointing or refraining from appointing any receiver, shall does not incur liability to the receiver, the any Obligor or otherwise and shall is not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent shall be Lender is vested with the rights and remedies which could have been exercised by the Collateral Agent Lender in respect of the Obligor Pledgor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be are within the sole and unfettered discretion of the Collateral AgentLender. (2) Any receiver appointed by the Collateral Agent shall Lender will act as agent for the Collateral Agent Lender for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorPledgor. The receiver may sell, leasetransfer, deliver or otherwise dispose of Collateral as agent for the Obligor Pledgor or as agent for the Collateral Agent Lender as the Collateral Agent Lender may determine in its discretion. The Obligor Pledgor agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorPledgor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral AgentLender, in appointing or refraining from appointing any receiver, shall does not incur liability to the receiver, the Obligor Pledgor or otherwise and shall is not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1a) Any receiver appointed by the Collateral Agent shall be vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligor each Grantor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be within the sole and unfettered discretion of the Collateral AgentAgent or any other Secured Parties. (2b) Any receiver appointed by the Collateral Agent shall act as agent for the Collateral Agent or any other Secured Parties for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Obligoreach Grantor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor each Grantor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligor Each Grantor agrees to ratify and confirm all actions of the receiver acting as agent for the Obligoreach Grantor, and to release and indemnify the receiver in respect of all such actions. (3c) The Collateral Agent, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Obligor each Grantor or otherwise and shall not be responsible for any misconduct or negligence of such the receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent shall be Lender is vested with the rights and remedies which could have been exercised by the Collateral Agent Lender in respect of the Obligor Borrower or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be are within the sole and unfettered discretion of the Collateral AgentLender. (2) Any receiver appointed by the Collateral Agent shall Lender will act as agent for the Collateral Agent Lender for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorBorrower. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor Borrower or as agent for the Collateral Agent Lender as the Collateral Agent Lender may determine in its discretion. The Obligor Borrower agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorBorrower, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral AgentLender, in appointing or refraining from appointing any receiver, shall does not incur liability to the receiver, the Obligor Borrower or otherwise and shall is not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent Lender shall be vested with the rights and remedies which could have been exercised by the Collateral Agent Lender in respect of the Obligor Borrower or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be within the sole and unfettered discretion of the Collateral AgentLender, acting reasonably. (2) Any receiver appointed by the Collateral Agent Lender shall act as agent for the Collateral Agent Lender for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorBorrower. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor Borrower or as agent for the Collateral Agent Lender as the Collateral Agent Lender may determine in its discretion. The Obligor Borrower agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorBorrower, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral AgentLender, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Obligor Borrower or otherwise and shall not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent Pledgee shall be vested with the rights and remedies which could have been exercised by the Collateral Agent Pledgee in respect of the Obligor Pledgor, or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be within the sole and unfettered discretion of the Collateral AgentPledgee. (2) Any receiver appointed by the Collateral Agent Pledgee shall act as agent for the Collateral Agent Pledgee for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorPledgor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor Pledgor or as agent for the Collateral Agent Pledgee as the Collateral Agent Pledgee may determine in its discretion. The Obligor Pledgor agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorPledgor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral AgentPledgee, in appointing or refraining from appointing any receiver, shall not incur liability to the receiver, the Obligor Pledgor or otherwise and shall not be responsible for any misconduct or negligence of such the receiver.

Receiver’s Powers. (1a) Any receiver appointed by the Collateral Agent shall be Creditor is vested with the rights and remedies which could have been exercised by the Collateral Agent Creditor in respect of the Obligor Pledgor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be are within the sole and unfettered discretion of the Collateral AgentCreditor. (2b) Any receiver appointed by the Collateral Agent shall Creditor will act as agent for the Collateral Agent Creditor for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the ObligorPledgor. The receiver may sell, leasetransfer, deliver or otherwise dispose of Collateral as agent for the Obligor Pledgor or as agent for the Collateral Agent Creditor as the Collateral Agent Creditor may determine in its discretion. The Obligor Pledgor agrees to ratify and confirm all actions of the receiver acting as agent for the ObligorPledgor, and to release and indemnify the receiver in respect of all such actions. (3c) The Collateral AgentCreditor, in appointing or refraining from appointing any receiver, shall does not incur liability to the receiver, the Obligor Pledgor or otherwise and shall is not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1) Any receiver appointed by the Collateral Agent shall be Secured Creditor is vested with the rights and remedies which could have been exercised by the Collateral Agent Secured Creditor in respect of the Obligor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be are within the sole and unfettered discretion of the Collateral AgentSecured Creditor. (2) Any receiver appointed by the Collateral Agent shall Secured Creditor will act as agent for the Collateral Agent Secured Creditor for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Obligor. The receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor or as agent for the Collateral Agent Secured Creditor as the Collateral Agent Secured Creditor may determine in its discretion. The Obligor agrees to ratify and confirm all actions of the receiver acting as agent for the Obligor, and to release and indemnify the receiver in respect of all such actions. (3) The Collateral AgentSecured Creditor, in appointing or refraining from appointing any receiver, shall does not incur liability to the receiver, the Obligor or otherwise and shall is not be responsible for any misconduct or negligence of such receiver.

Receiver’s Powers. (1a) Any receiver appointed by the Collateral Agent shall be is vested with the rights and remedies which could have been exercised by the Collateral Agent in respect of the Obligor a Grantor or the Collateral and such other powers and discretions as are granted in the instrument of appointment and any supplemental instruments. The identity of the receiver, its replacement and its remuneration shall be are within the sole and unfettered discretion of the Collateral Agent. (2b) Any receiver appointed by the Collateral Agent shall will act as agent for the Collateral Agent for the purposes of taking possession of the Collateral, but otherwise and for all other purposes (except as provided below), as agent for the Obligorrelevant Grantor. The Such receiver may sell, lease, or otherwise dispose of Collateral as agent for the Obligor Grantor or as agent for the Collateral Agent as the Collateral Agent may determine in its discretion. The Obligor Each Grantor agrees to ratify and confirm all actions of the such receiver acting as agent for the Obligorsuch Grantor, and to release and indemnify the receiver in respect of all such actions. (3c) The Collateral Agent, in appointing or refraining from appointing any receiver, shall does not incur liability to the receiver, the Obligor any Grantor or otherwise and shall is not be responsible for any misconduct or negligence of such receiver.