The Secured Party. The Secured Party is not a Defaulting Party; and (2) The Custodian: The Custodian is either: (a) an affiliate of the Secured Party or (b) a bank or trust company having total assets of at least US $10,000,000,000. (ii) "Use of Posted Collateral" The provisions of Paragraph 6(c) will apply.
The Secured Party by written notice to the Custodian, may exercise all powers, and exercise any and all rights and remedies permitted under the Schedule as though the Secured Party was taking such action directly, and the Custodian will comply with, and be entitled to rely on, all such instructions (including, without limitation, entitlement orders) as if such instructions were provided by the parties jointly.
The Secured Party. The Secured Party shall have the right ----------------- hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking action (including, without limitation, the release or substitution of Pledged Collateral), in accordance with this Agreement and the LLC Mirror Note. The Secured Party may resign and a successor Secured Party may be appointed. Upon the acceptance of any appointment as the Secured Party by a successor Secured Party, that successor Secured Party shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Secured Party under this Agreement, and the retiring Secured Party shall thereupon be discharged from its duties and obligations under this Agreement. After any retiring Secured Party's resignation, the provisions of this Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it under this Agreement while it was the Secured Party.
The Secured Party. The Secured Party will hold in accordance with this Agreement all items of the Collateral at any time received under this Agreement. It is expressly understood and agreed that the obligations of the Secured Party as holder of the Collateral and interests therein and with respect to the disposition thereof, and otherwise under this Agreement, are only those expressly set forth in this Agreement. Secured Party shall act hereunder on the terms and conditions set forth herein.
The Secured Party. 5.1 The Secured Party Appointed Attorney-in-Fact. Pledgor hereby irrevocably appoints the Secured Party to be Pledgor’s attorney-in-fact, with full authority in the place and stead of Pledgor and in the name of Pledgor or otherwise, from time to time in the Secured Party’s discretion after the occurrence and during the continuance of an Event of Default, to take any action and to execute any instrument which the Secured Party may reasonably deem necessary or advisable to accomplish the purposes of this Agreement, including:
The Secured Party. The Secured Party will hold in accordance with this Agreement all items of the Collateral at any time received under this Agreement. The powers conferred on the Secured Party hereunder are solely to protect its interests in the Collateral and shall not impose any duty upon them to exercise any such powers. It is expressly understood and agreed that any obligations of the Secured Party with respect to the Collateral, are limited to those expressly set forth in this Agreement.
The Secured Party