Common use of Custody and Preservation of the Collateral Clause in Contracts

Custody and Preservation of the Collateral. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which comparable secured parties accord comparable collateral, it being understood and agreed, however, that neither the Collateral Agent nor any Secured Party shall have responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, or (ii) taking any necessary steps to preserve rights against Persons or entities with respect to any Collateral.

Appears in 4 contracts

Samples: Stock Pledge Agreement (Panda Interfunding Corp), Stock Pledge Agreement (Panda Interfunding Corp), Security Agreement (Panda Interfunding Corp)

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Custody and Preservation of the Collateral. The If the Collateral Agent takes possession of any Collateral, the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which comparable secured parties accord comparable collateral, it being understood and agreed, however, that neither the Collateral Agent nor any Secured Party shall have no responsibility for for: (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders tenders, or other matters relative to any Collateral, whether or not the Collateral Agent has or is deemed to have knowledge of such matters, or (ii) taking any necessary steps to preserve rights against Persons or entities with respect to any Collateral.

Appears in 1 contract

Samples: Account Agreement (Tri Union Development Corp)

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Custody and Preservation of the Collateral. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which comparable secured parties accord comparable collateral, it being understood and agreed, however, that neither the Collateral Agent nor any Secured Party shall not have responsibility for (ia) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any CollateralPledged Interest, whether or not the Collateral Agent has or is Secured Parties have or are deemed to have knowledge of such matters, or (iib) taking any necessary steps to preserve rights against Persons or entities with respect to any Collateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (Black Elk Energy Finance Corp.)

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