Common use of Receiver-Manager Clause in Contracts

Receiver-Manager. The Lender may, in addition to any other rights it may have, appoint by instrument in writing a receiver or receiver and manager (both of which are herein called a "Receiver") of all or any part of the Collateral or may institute proceedings in any court of competent jurisdiction for the appointment of such a Receiver. Any such Receiver is hereby given and shall have the same powers and rights and exclusions and limitations of liability as the Lender has under this Security Agreement, at law or in equity. In exercising any such powers, any such Receiver shall, to the extent permitted by law, act as and for all purposes shall be deemed to be the agent of the Grantor and the Lender shall not be responsible for any act or default of any such Receiver. The Lender may appoint one or more Receivers hereunder and may remove any such Receiver or Receivers and appoint another or others in his or their stead from time to time. Any Receiver so appointed may be an officer or employee of the Lender. A court need not appoint, ratify the appointment by the Lender of or otherwise supervise in any manner the actions of any Receiver. Upon the Grantor receiving notice from the Lender of the taking of possession of the Collateral or the appointment of a Receiver, all powers, functions, rights and privileges of each of the directors and officers of the Grantor with respect to the Collateral shall cease, unless specifically continued by the written consent of the Lender.

Appears in 3 contracts

Samples: Credit Agreement (Anthony Clark International Insurance Brokers LTD), General Security Agreement (Anthony Clark International Insurance Brokers LTD), Anthony Clark International Insurance Brokers LTD

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Receiver-Manager. The Lender Agent may, in addition to any other rights it may have, appoint by instrument in writing a receiver or receiver and manager (both of which are herein called a "Receiver") of all or any part of the Collateral or may institute proceedings in any court of competent jurisdiction for the appointment of such a Receiver. Any such Receiver is hereby given and shall have the same powers and rights and exclusions and limitations of liability as the Lender Agent has under this General Security Agreement, at law or in equity. In exercising any such powers, any such Receiver shall, to the extent permitted by law, act as and for all purposes shall be deemed to be the agent of the Grantor Debtor and the Lender Agent shall not be responsible for any act or default of any such Receiver. The Lender Agent may appoint one or more Receivers hereunder and may remove any such Receiver or Receivers and appoint another or others in his or their stead from time to time. Any Receiver so appointed may be an officer or employee of the LenderAgent. A court need not appoint, ratify the appointment by the Lender Agent of or otherwise supervise in any manner the actions of any Receiver. Upon the Grantor Debtor receiving notice from the Lender Agent of the taking of possession of the Collateral or the appointment of a Receiver, all powers, functions, rights and privileges of each of the directors and officers of the Grantor Debtor with respect to the Collateral shall cease, unless specifically continued by the written consent of the LenderAgent.

Appears in 2 contracts

Samples: Guarantee Agreement (Michaels Stores Inc), General Security Agreement (Nexeo Solutions Finance Corp)

Receiver-Manager. The Lender Collateral Agent may, in addition to any other rights it may have, appoint by instrument in writing a receiver or receiver and manager (both of which are herein called a "Receiver") of all or any part of the Collateral or may institute proceedings in any court of competent jurisdiction for the appointment of such a Receiver. Any such Receiver is hereby given and shall have the same powers and rights and exclusions and limitations of liability as the Lender Collateral Agent has under this Security Agreement, at law or in equity. In exercising any such powers, any such Receiver shall, to the extent permitted by law, act as and for all purposes shall be deemed to be the agent of the Grantor Debtor and the Lender Collateral Agent and the Secured Parties shall not be responsible for any act or default of any such Receiver. The Lender Collateral Agent may appoint one or more Receivers hereunder and may remove any such Receiver or Receivers and appoint another or others in his or their stead from time to time. Any Receiver so appointed may be an officer or employee of the LenderCollateral Agent. A court need not appoint, ratify the appointment by the Lender Collateral Agent of or otherwise supervise in any manner the actions of any Receiver. Upon the Grantor Debtor receiving notice from the Lender Collateral Agent of the taking of possession of the Collateral or the appointment of a Receiver, all powers, functions, rights and privileges of each of the directors and officers of the Grantor Debtor with respect to the Collateral shall cease, unless specifically continued by the written consent of the LenderCollateral Agent.

Appears in 2 contracts

Samples: General Security Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)

Receiver-Manager. The Lender Collateral Agent may, in addition to any other rights it may have, appoint by instrument in writing a receiver, an interim receiver or receiver and manager (both each of which are herein called a "Receiver") of all or any part of the Collateral or may institute proceedings in any court of competent jurisdiction for the appointment of such a Receiver. Any such Receiver is hereby given and shall have the same powers and rights and exclusions and limitations of liability as the Lender Collateral Agent has under this Security Agreement, at law or in equity. In exercising any such powers, any such Receiver shall, to the extent permitted by law, act as and for all purposes shall be deemed to be the agent of the applicable Grantor and the Lender Collateral Agent and the other Secured Parties shall not be responsible for any act or default of any such Receiver. The Lender Collateral Agent may appoint one or more Receivers hereunder and may remove any such Receiver or Receivers and appoint another or others in his or their stead from time to time. Any Receiver so appointed may be an officer or employee of the LenderCollateral Agent. A court need not appoint, ratify the appointment by the Lender Collateral Agent of or otherwise supervise in any manner the actions of any Receiver. Upon the a Grantor receiving notice from the Lender Collateral Agent of the taking of possession of the Collateral or the appointment of a Receiver, all powers, functions, rights and privileges of each of the directors and officers of the such Grantor with respect to the Collateral shall cease, unless specifically continued by the written consent of the LenderCollateral Agent.

Appears in 2 contracts

Samples: Security Agreement (Zale Corp), Credit Agreement (Zale Corp)

Receiver-Manager. The Lender Collateral Agent may, in addition to any other rights it may have, appoint by instrument in writing a receiver, an interim receiver or receiver and manager (both each of which are herein called a "Receiver") of all or any part of the Collateral or may institute proceedings in any court of competent jurisdiction for the appointment of such a Receiver. Any such Receiver is hereby given and shall have the same powers and rights and exclusions and limitations of liability as the Lender Collateral Agent has under this Security Agreement, at law or in equity. In exercising any such powers, any such Receiver shall, to the extent permitted by law, act as and for all purposes shall be deemed to be the agent of the Grantor and the Lender Collateral Agent and the other Secured Parties shall not be responsible for any act or default of any such Receiver. The Lender Collateral Agent may appoint one or more Receivers hereunder and may remove any such Receiver or Receivers and appoint another or others in his or their stead from time to time. Any Receiver so appointed may be an officer or employee of the LenderCollateral Agent. A court need not appoint, ratify the appointment by the Lender Collateral Agent of or otherwise supervise in any manner the actions of any Receiver. Upon the Grantor receiving notice from the Lender Collateral Agent of the taking of possession of the Collateral or the appointment of a Receiver, all powers, functions, rights and privileges of each of the directors and officers of the Grantor with respect to the Collateral shall cease, unless specifically continued by the written consent of the LenderCollateral Agent.

Appears in 1 contract

Samples: Security Agreement (Zale Corp)

Receiver-Manager. The Lender may, in addition to any other rights it may have, appoint by instrument in writing a receiver or receiver and manager (both of which are herein called a "Receiver") of all or any part of the Collateral or may institute proceedings in any court of competent jurisdiction for the appointment of such a Receiver. Any such Receiver is hereby given and shall have the same powers and rights and exclusions and limitations of liability as the Lender has under this Security Agreement, at law or in equity. In exercising any such powers, any such Receiver shall, to the extent permitted by law, act as and for all purposes shall be deemed to be the agent of the Grantor Debtor and the Lender shall not be responsible for any act action or default error or omission of any such Receiver. The Lender may appoint one or more Receivers hereunder and may remove any such Receiver or Receivers and appoint another or others in his or their stead from time to time. Any Receiver so appointed may be an officer or employee of the Lender. A court need not appoint, ratify the appointment by the Lender of or otherwise supervise in any manner the actions of any Receiver. Upon the Grantor Debtor receiving notice from the Lender of the taking of possession of the Collateral or the appointment of a Receiver, all powers, functions, rights and privileges of each of the directors and officers of the Grantor Debtor with respect to the Collateral shall cease, unless specifically continued by the written consent of the Lender.

Appears in 1 contract

Samples: General Security Agreement (Tarpon Industries, Inc.)

Receiver-Manager. The the Lender may, in addition to any other rights it may have, appoint by instrument in writing a receiver or receiver and manager (both of which are herein called a "Receiver") of all or any part of the Collateral or may institute proceedings in any court of competent jurisdiction for the appointment of such a Receiver. Any such Receiver is hereby given and shall have the same powers and rights and exclusions and limitations of liability as the Lender has under this Security Agreement, at law or in equity. In exercising any such powers, any such Receiver shall, to the extent permitted by law, act as and for all purposes shall be deemed to be the agent of the Grantor Debtor and the Lender shall not be responsible for any act actions or default errors or omission of any such Receiver. The Lender may appoint one or more Receivers hereunder and may remove any such Receiver or Receivers and appoint another or others in his or their stead from time to time. Any Receiver so appointed may be an officer or employee of the Lender. A court need not appoint, ratify the appointment by the Lender of or otherwise supervise in any manner the actions of any Receiver. Upon the Grantor Debtor receiving notice from the Lender of the taking of possession of the Collateral or the appointment of a Receiver, all powers, functions, rights and privileges of each of the directors and officers of the Grantor Debtor with respect to the Collateral shall cease, unless specifically continued by the written consent of the Lender.

Appears in 1 contract

Samples: General Security Agreement (Tarpon Industries, Inc.)

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Receiver-Manager. The Lender Collateral Agent may, in addition to any other rights it may have, appoint by instrument in writing a receiver or receiver and manager (both of which are herein called a "Receiver") of all or any part of the Collateral or may institute proceedings in any court of competent jurisdiction for the appointment of such a Receiver. Any such Receiver is hereby given and shall have the same powers and rights and exclusions and limitations of liability as the Lender Collateral Agent has under this Security Agreement, at law or in equity. In exercising any such powers, any such Receiver shall, to the extent permitted by law, act as and for all purposes shall be deemed to be the agent of the Grantor Debtor and the Lender Collateral Agent and the Secured Parties shall not be responsible for any act or default of any such Receiver. The Lender Collateral Agent may appoint one or more Receivers hereunder and may remove any such Receiver or Receivers and appoint another or others in his or their stead from time to time. Any Receiver so appointed may be an officer or employee of the LenderCollateral Agent. A court need not appoint, ratify the appointment by the Lender Collateral Agent of or otherwise supervise in any manner the actions of any Receiver. Upon the Grantor Debtor receiving notice from the Lender Collateral Agent of the taking of possession of the Collateral or the appointment of a Receiver, all powers, functions, rights and privileges of each of the directors and officers of the Grantor Debtor with respect to the Collateral shall cease, unless specifically continued by the written consent of the Lender.Collateral Agent. General Security Agreement — 4278941 Canada Inc. (2008)

Appears in 1 contract

Samples: General Security Agreement (Warnaco Group Inc /De/)

Receiver-Manager. The Lender may, in addition to any other rights it may have, appoint by instrument in writing a receiver or receiver and manager (both of which are herein called a "Receiver") of all or any part of the Collateral or may institute proceedings in any court of competent jurisdiction for the appointment of such a Receiver. Any such Receiver is hereby given and shall have the same powers and rights and exclusions and limitations of liability as the Lender has under this Security Agreement, at law or in equity. In exercising any such powers, any such Receiver shall, to the extent permitted by law, act as and for all purposes shall be deemed to be the agent of the Grantor Debtor and the Lender shall not be responsible for any act or default of any such Receiver. The Lender may appoint one or more Receivers hereunder and may remove any such Receiver or Receivers and appoint another or others in his or their stead from time to time. Any Receiver so appointed may be an officer or employee of the Lender. A court need not appoint, ratify the appointment by the Lender of or otherwise supervise in any manner the actions of any Receiver. Upon the Grantor Debtor receiving notice from the Lender of the taking of possession of the Collateral or the appointment of a Receiver, all powers, functions, rights and privileges of each of the directors and officers of the Grantor Debtor with respect to the Collateral shall cease, unless specifically continued by the written consent of the Lender.

Appears in 1 contract

Samples: General Security Agreement (Maxim Mortgage Corp/)

Receiver-Manager. The Lender Trustee may, in addition to any other rights it may have, appoint by instrument in writing a receiver, manager, interim receiver or receiver and manager (both of which are herein called a "Receiver") of all or any part of the Collateral or may institute proceedings in any court of competent jurisdiction for the appointment of such a Receiver. Any such Receiver is hereby given and shall have the same powers and rights and exclusions and limitations of liability as the Lender Trustee has under this Security Agreement, at law or in equity. In exercising any such powers, any such Receiver shall, to the extent permitted by law, act as and for all purposes shall be deemed to be the agent of the Grantor Debtor and the Lender Trustee shall not be responsible for any act or default of any such Receiver. The Lender Trustee may appoint one or more Receivers hereunder and may remove any such Receiver or Receivers and appoint another or others in his or their stead from time to time. Any Receiver so appointed may be an officer or employee of the LenderTrustee. A court need not appoint, ratify the appointment by the Lender Trustee of or otherwise supervise in any manner the actions of any Receiver. Upon the Grantor Debtor receiving notice from the Lender Trustee of the taking of possession of the Collateral or the appointment of a Receiver, all powers, functions, rights and privileges of each of the directors and officers of the Grantor Debtor with respect to the Collateral shall shall, to the extent permitted by Applicable Law, cease, unless specifically continued by the written consent of the LenderTrustee.

Appears in 1 contract

Samples: Security Agreement

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