Reasonable Care. The Administrative Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the Administrative Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Administrative Agent accords its own property.
Appears in 17 contracts
Samples: Credit Agreement (Quintiles Transnational Holdings Inc.), Security Agreement (Vivint Smart Home, Inc.), First Lien Security Agreement (Global Eagle Entertainment Inc.)
Reasonable Care. The Administrative Agent is required shall be deemed to use have exercised reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that possession if the Administrative Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar equal to that which the Administrative Agent accords its own propertyProperty.
Appears in 15 contracts
Samples: Security Agreement (Cano Petroleum, Inc), First Amended and Restated Security Agreement (Total Gas & Electricity (PA) Inc), Security Agreement (Triangle Petroleum Corp)
Reasonable Care. The Administrative Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Administrative Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as the Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Administrative Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.
Appears in 11 contracts
Samples: Pledge Agreement (OCM HoldCo, LLC), Credit Agreement (Lone Pine Resources Inc.), Credit Agreement (Forest Oil Corp)
Reasonable Care. The Administrative Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Administrative Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as the Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Administrative Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.
Appears in 9 contracts
Samples: Security Agreement (Pasta Group L L C), Security Agreement (Dri I Inc), Assignment and Security Agreement (Nextel Partners Inc)
Reasonable Care. The Administrative Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; provided, provided that the Administrative Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Administrative Agent accords its own property.
Appears in 6 contracts
Samples: Intercreditor Agreement (Option Care Health, Inc.), Security Agreement (Rimini Street, Inc.), Abl Credit Agreement (Option Care Health, Inc.)
Reasonable Care. The Administrative Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, provided that the Administrative Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Administrative Agent accords its own property.
Appears in 6 contracts
Samples: Intercreditor Agreement (CF Industries Holdings, Inc.), Security Agreement (VPNet Technologies, Inc.), Pledge and Security Agreement (CF Industries Holdings, Inc.)
Reasonable Care. The Administrative Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, provided that the Administrative Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as each Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Specified Default, but failure of the Administrative Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.
Appears in 5 contracts
Samples: Assignment and Assumption (Kofax LTD), Security Agreement (Asyst Technologies Inc), Credit Agreement (Sabre Industries, Inc.)
Reasonable Care. The Administrative Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Administrative Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as any Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Administrative Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.
Appears in 5 contracts
Samples: Partnership Security Agreement (Dri I Inc), Partnership Security Agreement (Duane Reade Inc), Security Agreement (Titan Corp)
Reasonable Care. The Administrative Agent is required agrees to use reasonable care in the custody and preservation of any of the Collateral in its possessionpossession in accordance with Section 9-207 of the U.C.C.; provided, that (a) the Administrative Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, Collateral in its possession if such Collateral is accorded treatment substantially similar to that which the Administrative Agent accords its own property, and (b) it is understood that the Administrative Agent shall have no responsibility for taking any necessary steps to preserve rights against prior parties with respect to the Collateral.
Appears in 4 contracts
Samples: Security Agreement (Sterling Chemicals Inc), Pledge Agreement (Sterling Chemicals Inc), Security Agreement (Sterling Chemical Inc)
Reasonable Care. The Administrative Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the Administrative Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Administrative Agent accords its own property.
Appears in 2 contracts
Samples: Security Agreement (Clear Channel Communications Inc), Intercreditor Agreement (CC Media Holdings Inc)
Reasonable Care. The Administrative Agent is required to use reasonable care in the custody and preservation of any of the Pledged Collateral in its possession; provided, that the Administrative Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Pledged Collateral, if such Pledged Collateral is accorded treatment substantially similar to that which the Administrative Agent accords its own property.
Appears in 2 contracts
Samples: Credit Agreement (Quintiles Transnational Holdings Inc.), Credit Agreement (Campbell Alliance Group Inc)
Reasonable Care. The Administrative Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; providedprovid- ed, that the Administrative Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Administrative Agent accords its own property.. SECTION 6.16
Appears in 1 contract
Reasonable Care. The Administrative Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that and the Administrative Agent shall be deemed to have used exercised such reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar equivalent to that which the Administrative Agent accords its own propertyproperty of the type of which the relevant Collateral consists.
Appears in 1 contract
Reasonable Care. The Administrative Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, however, that the Administrative Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Administrative Agent accords its own property.exercised reasonable
Appears in 1 contract
Reasonable Care. The Administrative Agent is required to use exercise reasonable care in the custody and preservation of any of the Pledged Collateral in its possession; provided, that the Administrative Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Pledged Collateral, if such Pledged Collateral is accorded treatment substantially similar to that which the Administrative Agent accords its own property.
Appears in 1 contract
Samples: Security Agreement (Clear Channel Communications Inc)
Reasonable Care. The Administrative Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, provided that the Administrative Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Administrative Agent accords its own property. Section 6.17.
Appears in 1 contract
Reasonable Care. The Administrative Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Administrative Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as the Administrative Agent accords its own property.Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of
Appears in 1 contract
