Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the Collateral 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 Collateral Agent accords its own property.
Appears in 27 contracts
Samples: Security Agreement (Bumble Inc.), Security Agreement, Security Agreement
Reasonable Care. The Collateral 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 Collateral 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 Collateral Agent accords its own property.
Appears in 19 contracts
Samples: Security Agreement, Security Agreement (Ugi Corp /Pa/), Credit Agreement (OUTFRONT Media Inc.)
Reasonable Care. The Collateral 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 Collateral 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 Collateral 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 17 contracts
Samples: Subsidiary Security Agreement (Foamex Fibers Inc), New Gfi Security Agreement (Foamex Capital Corp), Subsidiary Security Agreement (Foamex International Inc)
Reasonable Care. The Collateral 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 Collateral 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 Collateral 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: Subsidiary Pledge Agreement (Foamex Fibers Inc), Subsidiary Pledge Agreement (Foamex Fibers Inc), Gfi Pledge Agreement (Foamex Fibers Inc)
Reasonable Care. The Collateral 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 Collateral 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 Collateral 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 10 contracts
Samples: Security Agreement (Edgen Louisiana CORP), Pledge and Security Agreement (New World Restaurant Group Inc), Partnership Pledge Agreement (Foamex Capital Corp)
Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the Collateral Agent shall be deemed to have used reasonable care in the custody and preservation of any of the CollateralCollateral or Mortgaged Property, if such Collateral or Mortgaged Property is accorded treatment substantially similar to that which the Collateral Agent accords its own property.
Appears in 10 contracts
Samples: Security Agreement (SeaWorld Entertainment, Inc.), Security Agreement (SeaWorld Entertainment, Inc.), Security Agreement
Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral if it takes such action for that purposes as any owner thereof reasonably requests in its possession; providedwriting at times other than upon the occurrence and during the continuance of any Event of Default, that but failure of the Collateral Agent Agent, to comply with any such request at any time shall not in itself be deemed a failure to have used exercise reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own propertycare.
Appears in 6 contracts
Samples: Security Agreement (Securac Corp), Security Agreement (Force Protection Inc), Security Agreement (Commonwealth Biotechnologies Inc)
Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Pledged Collateral in its possession; provided, that the Collateral 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 Collateral Agent accords its own property.
Appears in 6 contracts
Samples: Security Agreement (SeaWorld Entertainment, Inc.), Pledge Agreement, Security Agreement (Vivint Solar, Inc.)
Reasonable Care. The Collateral 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 Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as any owner thereof reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyAgent, to 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: Security Agreement (NovaRay Medical, Inc.), Security Agreement (Interpharm Holdings Inc), Security Agreement (NovaRay Medical, Inc.)
Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; provided, provided that the Collateral 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 Collateral Agent accords its own property.
Appears in 5 contracts
Samples: Intercreditor Agreement (Option Care Health, Inc.), Security Agreement (Avantor, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the Collateral 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 Collateral Agent accords its own property.
Appears in 5 contracts
Samples: Security Agreement (Ideal Power Inc.), Securities Purchase Agreement (Ideal Power Inc.), Security Agreement (Ideal Power Inc.)
Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Pledged Collateral in its possession; provided, provided that the Collateral 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 Collateral Agent accords its own property.
Appears in 4 contracts
Samples: Security Agreement (Springleaf Finance Inc), Security Agreement (Springleaf Finance Corp), Credit Agreement (American General Finance Corp)
Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the however, Collateral 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 Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of Collateral 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 4 contracts
Samples: Pledge Agreement (Pioneer Natural Resources Co), Pledge Agreement (Pioneer Natural Resources Co), Pledge Agreement (Pioneer Natural Resources Co)
Reasonable Care. The Collateral 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 Collateral 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 Collateral 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 3 contracts
Samples: Pledge and Security Agreement (Ferro Corp), Credit Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp)
Reasonable Care. The Collateral 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 Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as the Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral 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 2 contracts
Samples: Pledge Agreement (National Energy Group Inc), Pledge Agreement (National Energy Group Inc)
Reasonable Care. The Collateral 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 Collateral 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 action for that purpose as Pledgor reasonably requests in writing from time to that which time, but failure of the Collateral 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 2 contracts
Samples: Pledge and Security Agreement (Unwired Telecom Corp), Pledge and Security Agreement (Unwired Telecom Corp)
Reasonable Care. The Collateral 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 Collateral 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 action for that purpose as the relevant Pledgor reasonably requests in writing from time to that which time, but failure of the Collateral 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 1 contract
Samples: Stock Pledge and Security Agreement (Sterling Chemical Inc)
Reasonable Care. The Collateral 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 Collateral 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 Collateral Agent accords its own property.
Appears in 1 contract
Reasonable Care. The Collateral 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 Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as any Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Specified Event, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral 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 1 contract
Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral Pledged Assets in its possession; provided, provided that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralPledged Assets, if such Collateral Pledged Assets is accorded treatment substantially similar to that which the Collateral Agent accords its own property.
Appears in 1 contract
Samples: Pledge Agreement (Axcan Intermediate Holdings Inc.)
Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the Collateral 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 Collateral Agent accords its own property.
Appears in 1 contract
Samples: Credit Agreement (Smart Sand, Inc.)
Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Pledged Collateral in its possessionpossession and to account for all proceeds thereof; provided, that the Collateral 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 Collateral Agent accords its own property, which shall be no less than the treatment employed by a reasonable and prudent agent in the industry.
Appears in 1 contract
Samples: Pledge Agreement (PG&E Corp)
Reasonable Care. The Collateral 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 Collateral 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 Collateral Agent accords its own property.. 29
Appears in 1 contract
Samples: Credit Agreement (Communications Sales & Leasing, Inc.)
Reasonable Care. The Collateral 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 Collateral 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 Collateral Agent accords its own property. SECTION 5.18.
Appears in 1 contract
Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the Collateral 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 Collateral Agent accords its own property.. | NY 6153312.5|| |||||||| | NY 6153312.5||
Appears in 1 contract
Samples: Security Agreement (W R Grace & Co)
