The Receiver Sample Clauses

The Receiver. The Receiver requests the Court award him fees for the professional services rendered from October 1, 2021 through December 31, 2021, in the amount of $74,545.50. The standard hourly rate the Receiver charges clients in private litigation is $500. However, the Receiver agreed, for purposes of his appointment as the Receiver, that his hourly rate would be reduced to $360, representing nearly a thirty percent discount off the standard hourly rate which he charges clients in comparable matters. This rate was set forth in the Receiver’s submission to the SEC. See Doc. 6, Ex. 1.The Receiver commenced services immediately upon his appointment. The Receiver has billed his time for these activities in accordance with the Billing Instructions, which request that this motion contain a narrative of each “business enterprise or litigation matter” for which outside professionals have been employed. The Billing Instructions identify each such business enterprise or litigation matter as a separate “project.” Further, the Billing Instructions request that time billed for each project be allocated to one of several Activity Categories.6 In addition to the work of the Receivership, the Receiver created two projects related to clawback litigation commenced on February 13, 2021.
The Receiver. The parties hereto acknowledge and agree that the Receiver is executing this agreement solely for the purposes of (i) approving as required by applicable Laws the transactions contemplated hereby; and (ii) performing the Receiver’s obligations set forth in Sections 5.5, 5.11, 5.12, 5.14 and 5.19 herein. By executing this Agreement, but subject to the approval of the Receivership Court, the Receiver hereby consents to the transactions contemplated hereby, pursuant to the terms hereof. The Receiver agrees to file a motion with the Court for the approval of the transactions contemplated hereby pursuant to the terms hereof or such other terms agreed to between the Receiver and Buyer and to execute any document reasonably required by Buyer to effect the transactions contemplated hereunder. To the extent requested by Buyer, the Receiver and such other entities designated by Buyer, shall file a motion with the Court seeking: (x) to recognize Buyer or any entity designated by Buyer as the party in interest with respect to the Misappropriation Claims; and (y) to terminate the Receivership with respect to the Companies and the Acquired Assets. The parties acknowledge and agree that the Receiver makes no representations, warranties or covenants except as provided in Section 5.5, 5.11., 5.12, 5.14, 5.19 and this Section 11.11. The Receiver shall not be liable for any action taken or omitted by her in good faith except for any liability arising from her gross negligence or willful misconduct. Buyer shall indemnify the Receiver for, and hold the Receiver harmless against any loss, liability or expense arising out of or in connection with this Agreement and carrying out the Receiver’s duties hereunder, including the costs and expenses of defending herself against any claim of liability, except in those cases where the Receiver’s acts or omissions constitute gross negligence or willful misconduct, and for any breach by Buyer of its representations, warranties and covenants set forth herein. No representation or warranty of the Sellers or any of them herein shall be made or deemed to be made by the Receiver, nor shall “to the knowledge of the Sellers” be deemed to include the knowledge of the Receiver.
The Receiver in the amount of $54,662.40;
The Receiver. Thomas Lennon (the “Receiver”), as the Receiver of Capital Consultants, LLC, an Oregon limited liability company, and every entity that it controls, appointed by the Honorable Garr M. King in Securities and Exchange Commission v. Capital Consultants, LLC, et al, United States District Court for the District of Oregon, Case No. CV 00-1290-KI, and in Chao v. Capital Consultants, LLC, et al, United States District Court for the District of Oregon, Case No. CV 00-1291-KI.

Related to The Receiver

  • Notices to the Receiver In the event that the Assuming Institution elects to require the Receiver to purchase one or more Assets, the Assuming Institution shall deliver to the Receiver a notice (a "Put Notice") which shall include:

  • Receiver Make application to a court of competent jurisdiction for, and obtain from such court as a matter of strict right and without notice to Mortgagor or regard to the adequacy of the Mortgaged Property for the repayment of the Indebtedness, the appointment of a receiver of the Mortgaged Property, and Mortgagor irrevocably consents 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 Section 5.7.

  • Appointment of Receiver To the extent permitted by Applicable Law, the Administrative Agent and the Lenders shall be entitled to the appointment of a receiver for the assets and properties of the Borrower and its Subsidiaries, without notice of any kind whatsoever and without regard to the adequacy of any security for the Obligations or the solvency of any party bound for its payment, to take possession of all or any portion of the property and/or the business operations of the Borrower and its Subsidiaries and to exercise such power as the court shall confer upon such receiver.