Template:ISDA English Law Credit Support Deed 2018 8(a)(x)

From The Jolly Contrarian
Revision as of 10:16, 22 April 2021 by Amwelladmin (talk | contribs) (Created page with ":(x) '''{{imcsdprov|Powers of Receiver}}'''. <br> ::(A) '''General''' :::(1) A {{imcsdprov|Receiver}} has all the rights, powers and discretions set out below in this sub-para...")
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigation Jump to search
(x) Powers of Receiver.
(A) General
(1) A Receiver has all the rights, powers and discretions set out below in this sub-paragraph in addition to those conferred on it by any law. This includes all the rights, powers and discretions conferred on a receiver (or a receiver and manager) under the Act and the Insolvency Act 1986.
(2) If there is more than one Receiver holding office at the same time, each Receiver may (unless the document appointing him states otherwise) exercise all the powers conferred on a Receiver under this Deed individually and to the exclusion of any other Receiver.
(B) Possession: A Receiver may take immediate possession of, get in and collect any Security Asset and may subsequently relinquish such possession.
(C) Sale of assets
(1) A Receiver may sell, exchange, convert into money and realise any Security Asset by public auction or private contract and generally in any manner and on any terms which he thinks fit.
(2) The consideration for any such transaction may consist of cash, debentures or other obligations, shares, stock or other valuable consideration and any such consideration may be payable in a lump sum or by instalments spread over any period which he thinks fit.
(D) Receipts: A Receiver may give a valid receipt for any moneys and execute any assurance or thing which may be necessary or desirable for realising any Security Asset.
(E) Delegation: A Receiver may delegate his powers in accordance with this Deed.
(F) Other powers: A Receiver may:
(1) do all other acts and things which he may consider desirable or necessary for realising any 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;
(2) 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; and
(3) use the name of the Chargor for any of the above purposes.