The Receiver Sample Clauses

The Receiver. If the Trustee appoints a Receiver in relation to the Charged Property, the following provisions shall have effect in relation thereto:
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The Receiver through her attorney is xxxxxx authorized and directed to participate in the Ancillary Adversary Proceedings to insure that there is a full presentation and exposition of the facts and legal issues. . . . “7. . . . [O]ther persons . . . may be allowed to intervene as an interested person or to appear as amicus curiae. . . .” (Emphasis added) L.F. 120-121. In his July 20, 2001, Order, Judge Xxxxx noted the pendancy of the quo warranto action in the Osage County Circuit Court. He then recused himself from a determination of the Ancillary Adversary Proceedings Questions for which a separate trial and proceedings had been ordered, requested that the Supreme Court assign a Special Judge to hear and determine the Ancillary Adversary Proceedings Questions and “retain[ed] jurisdiction with respect to all other issues and matters in this case, including .
The Receiver. Xxxxxx Xxxxxx (the “Receiver”), as the Receiver of Capital Consultants, LLC, an Oregon limited liability company, and every entity that it controls, appointed by the Xxxxxxxxx Xxxx X. Xxxx 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.
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.

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 In addition to all other remedies herein provided for, Grantor agrees that upon the occurrence of a default, the Beneficiary shall, as a matter of right, be entitled to an ex parte appointment of a receiver or receivers for all or any part of the Property and the Associated Materials without regard to the value of the Property or the Associated Materials or to the solvency of any person or persons liable for the payment of the indebtedness secured hereby, and Grantor does hereby consent to the appointment of such receiver or receivers, waives any and all defenses to such appointment and agrees not to oppose any application therefor by the Beneficiary, but nothing herein is to be construed to deprive Beneficiary of any other right, remedy or privilege it may now have under the law to have a receiver appointed; provided, however, that the appointment of such receiver, trustee or other appointee by virtue of any court order, statute or regulation shall not impair or in any manner prejudice the rights of the Beneficiary to receive payment of the rents and income. The receiver or his/her/its agents shall be entitled to enter upon and take possession of any and all of the Property and the Associated Materials. The receiver, personally or through its agents or attorneys, may exclude Grantor and its agents, servants and employees wholly from the Property and the Associated Materials and have, hold, use, operate, manage and control the same and each and every part thereof, and keep insured, the Property and the Associated Materials. Such receivership shall, at the option of the Beneficiary, continue until full payment of all sums, hereby secured, then due and payable or until title to the Property and the Associated Materials shall have passed by foreclosure sale under this Deed of Trust and the period of redemption, if any, shall have expired.

  • Puts of Assets to the Receiver (a) Puts Within 30 Days After the Bank Closing Date. During the thirty (30)-day period following the Bank Closing Date and only during such period (which thirty (30)-day period may be extended in writing in the sole and absolute discretion of the Receiver for any Loan), in accordance with this Section 3.4, the Assuming Institution shall be entitled to require the Receiver to purchase any New Loans and any Deposit Secured Loan transferred to the Assuming Institution pursuant to Section 3.1 which is not fully secured by Assumed Deposits or deposits at other insured depository institutions due to either insufficient Assumed Deposit or deposit collateral or deficient documentation regarding such collateral; provided that with regard to any Deposit Secured Loan secured by an Assumed Deposit:

  • Appoint Receiver Lender shall have the right to have a receiver appointed to take possession of all or any part of the Collateral, with the power to protect and preserve the Collateral, to operate the Collateral preceding foreclosure or sale, and to collect the rents from the Collateral and apply the proceeds, over and above the cost of the receivership, against the Obligations. The receiver may serve without bond if permitted by law. Xxxxxx’s right to the appointment of a receiver shall exist whether or not the apparent value of the Collateral exceeds the Obligations by a substantial amount. Employment by Xxxxxx shall not disqualify a person from serving as a receiver.

  • 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.

  • Appointment of a Receiver To the extent permitted by applicable law, if an Event of Default shall have occurred and be continuing, and the Equipment Notes either shall have been accelerated pursuant to Section 4.02 or have become due at maturity, the Loan Trustee shall, as a matter of right, be entitled to the appointment of a receiver (who may be the Loan Trustee or any successor or nominee thereof) for all or any part of the Collateral, whether such receivership be incidental to a proposed sale of the Collateral or the taking of possession thereof or otherwise, and, to the extent permitted by applicable law, the Company hereby consents to the appointment of such a receiver and will not oppose any such appointment. Any receiver appointed for all or any part of the Collateral shall be entitled to exercise all the rights and powers of the Loan Trustee with respect to the Collateral.

  • Appointment of receivers and managers any administrative or other receiver is appointed anywhere of any Security Party or any part of its assets and/or undertaking or any other steps are taken to enforce any Encumbrance over all or any part of the assets of any Security Party; or

  • Powers of Receiver Subject to any restriction imposed by the Lender, every Receiver shall (in addition to any powers vested in them at law) have all the rights conferred on the Lender under clause 11.3.

  • Office Space for Receiver and Corporation For the period commencing on the day following Bank Closing and ending on the one hundred eightieth (180th) day thereafter, the Assuming Bank agrees to provide to the Receiver and the Corporation, without charge, adequate and suitable office space (including parking facilities and vault space), furniture, equipment (including photocopying and telecopying machines), email accounts, network access and technology resources (such as shared drive) and utilities (including local telephone service and fax machines) at the Bank Premises occupied by the Assuming Bank for their use in the discharge of their respective functions with respect to the Failed Bank. In the event the Receiver and the Corporation determine that the space provided is inadequate or unsuitable, the Receiver and the Corporation may relocate to other quarters having adequate and suitable space and the costs of relocation and any rental and utility costs for the balance of the period of occupancy by the Receiver and the Corporation shall be borne by the Assuming Bank. Additionally, the Assuming Bank agrees to pay such bills and invoices on behalf of the Receiver and Corporation as the Receiver or Corporation may direct for the period beginning on the date of Bank Closing and ending on Settlement Date. Assuming Bank shall submit it requests for reimbursement of such expenditures pursuant to Article VIII of this Agreement.

  • Warrant Agent Not to be Appointed Receiver The Warrant Agent and any person related to the Warrant Agent shall not be appointed a receiver, a receiver and manager or liquidator of all or any part of the assets or undertaking of the Corporation.

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