Common use of Reasonable Care Clause in Contracts

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 19 contracts

Samples: Security Agreement (Vivint Smart Home, Inc.), Security Agreement, Security Agreement

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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: Credit Agreement (Berry Petroleum Corp), Security Agreement (Berry Petroleum Corp), Credit Agreement (Berry 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: Credit Agreement (Lone Pine Resources Inc.), 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 (Wilson Greatbatch Technologies Inc), Borrower Security Agreement (Dri I Inc), Assignment and Security Agreement (Nextel Partners 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: Pledge and Security Agreement (CF Industries Holdings, Inc.), Intercreditor Agreement (CF Industries Holdings, Inc.), Pledge and Security Agreement (CF Industries Holdings, 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.), Guaranty and Security Agreement (CorePoint Lodging 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, 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 (Dri I Inc), Partnership Security Agreement (Duane Reade 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), Credit Agreement (Sabre Industries, Inc.), Security Agreement (Asyst Technologies Inc)

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: Pledge Agreement (Sterling Chemicals Inc), Security 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, 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 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 2 contracts

Samples: Pledge and Security Agreement (Verrica Pharmaceuticals Inc.), Pledge and Security Agreement (AVITA Medical, 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: Intercreditor Agreement (CC Media Holdings Inc), 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, however, 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 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 2 contracts

Samples: Borrower Security Agreement (Key Components LLC), Security Agreement (Neoprobe Corp)

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 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 Pledgor 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 2 contracts

Samples: Credit Agreement (Hecla Mining Co/De/), Pledge Agreement (Monster Worldwide 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 the Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Specified Event, 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 1 contract

Samples: Patent Security Agreement (United Surgical Partners International 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

Samples: Security Agreement (APX Group 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 such Collateral is accorded treatment substantially similar to that which the Administrative Agent accords its own property. Section 6.17.

Appears in 1 contract

Samples: Pledge and Security Agreement (Avaya 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, 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

Samples: Security Agreement

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 property.to comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care. REMEDIES

Appears in 1 contract

Samples: Credit Agreement (Amc Entertainment 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, 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

Samples: 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, 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 the 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 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

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 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 1 contract

Samples: Borrower Pledge and Security Agreement (Reddy Ice Holdings Inc)

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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

Samples: Borrower Pledge Agreement (Pasta Group L L C)

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 administrative agent shall be deemed to use have exercised reasonable care in the custody and preservation of any of the Collateral 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 collateral is accorded treatment substantially similar equal to that which the Administrative Agent administrative agent accords its own property.

Appears in 1 contract

Samples: Subordinated Credit Agreement (Cano Petroleum, 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 the Guarantor 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 1 contract

Samples: Parent Guaranty and Pledge Agreement (Reddy Ice 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 the Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Specified Event, 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 1 contract

Samples: Patent Security Agreement (United Surgical Partners International 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 CollateralCollateral if it takes such action for that purpose as the relevant Grantor 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 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 1 contract

Samples: Credit Agreement (CBL & Associates Properties 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 the Pledgor 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 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

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 any Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Specified Event, 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 1 contract

Samples: Patent Security Agreement (United Surgical Partners International 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 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

Samples: Credit Agreement (Wiley John & Sons 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 the Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Default, but failure of the Administrative Agent accords its own property.to comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care. REMEDIES

Appears in 1 contract

Samples: Credit Agreement (Adelphia Communications 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 Borrower 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 1 contract

Samples: Credit Agreement (Amc 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 the Administrative Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, possession if such Collateral is accorded treatment substantially similar equal to that which the Administrative Agent accords its own property.

Appears in 1 contract

Samples: Credit Agreement (Medidata Solutions, 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 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 1 contract

Samples: Pledge and Security Agreement (Reddy Ice Holdings Inc)

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