Common use of The Collateral Agent’s Duties Clause in Contracts

The Collateral Agent’s Duties. The powers conferred on the Collateral Agent hereunder are solely to protect its interest in the Collateral and shall not impose any duty upon it to exercise any such powers. Except for the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral, as to 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 or any of the other Secured Parties has or is deemed to have knowledge of such matters, or as to the taking of any steps necessary to preserve rights against any parties or any other rights pertaining to any Collateral, whether or not the Collateral Agent has or is deemed to have such rights. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which MS Group accords its own property of like tenor.

Appears in 4 contracts

Samples: Note Purchase Agreement (Econophone Inc), Shareholder Pledge Agreement (Econophone Inc), Shareholder Pledge Agreement (Econophone Inc)

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The Collateral Agent’s Duties. The powers conferred on the Collateral Agent hereunder are solely to protect its interest and the interests of the Secured Parties in the Collateral and shall not impose any duty upon it the Collateral Agent or any other Secured Party to exercise any such powers. Except for the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any CollateralPledged Shares, whether or not the Collateral Agent or any of the other Secured Parties Party has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps necessary to preserve rights against any parties or any other rights pertaining to any Collateral, whether or not the Collateral Agent has or is deemed to have such rights. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which MS Group the Collateral Agent accords its own property of like tenorproperty.

Appears in 2 contracts

Samples: Term Loan Pledge Agreement (McJunkin Red Man Holding Corp), Term Loan Pledge Agreement (McJunkin Red Man Holding Corp)

The Collateral Agent’s Duties. The powers conferred on the Collateral Agent hereunder are solely to protect its interest and the interests of the First Lien Secured Parties in the Collateral and shall not impose any duty upon it to exercise any such powers. Except for the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any CollateralPledged Shares, whether or not the Collateral Agent or any of the other First Lien Secured Parties Party has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps necessary to preserve rights against any parties or any other rights pertaining to any Collateral, whether or not the Collateral Agent has or is deemed to have such rights. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which MS Group the Collateral Agent accords its own property of like tenorproperty.

Appears in 2 contracts

Samples: First Lien Pledge Agreement, First Lien Pledge Agreement (Grocery Outlet Holding Corp.)

The Collateral Agent’s Duties. The To the extent permitted by law, the powers conferred on the Collateral Agent hereunder are solely to protect its interest and the interests of the Secured Parties in the Collateral and shall not impose any duty upon it to exercise any such powers. Except for the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any CollateralPledged Shares, whether or not the Collateral Agent or any of the other Secured Parties Party has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps necessary to preserve rights against any parties or any other rights pertaining to any Collateral, whether or not the Collateral Agent has or is deemed to have such rights. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which MS Group the Collateral Agent accords its own property of like tenorproperty.

Appears in 2 contracts

Samples: Assignment and Assumption (Tribune Media Co), Pledge Agreement (Tribune Media Co)

The Collateral Agent’s Duties. The powers conferred on the Collateral Agent hereunder are solely to protect its interest and the interests of the Second Lien Secured Parties in the Collateral and shall not impose any duty upon it to exercise any such powers. Except for the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any CollateralPledged Shares, whether or not the Collateral Agent or any of the other Second Lien Secured Parties Party has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps necessary to preserve rights against any parties or any other rights pertaining to any Collateral, whether or not the Collateral Agent has or is deemed to have such rights. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which MS Group the Collateral Agent accords its own property of like tenorproperty.

Appears in 1 contract

Samples: Second Lien Pledge Agreement (Grocery Outlet Holding Corp.)

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The Collateral Agent’s Duties. (a) The powers conferred on the Collateral Agent hereunder are solely to protect its the Lenders' interest in the Collateral and shall not impose any duty upon it to exercise any such powers. Except for the exercise of reasonable care with respect to the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty or liability as to any Collateral, as to 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 or any of the other Secured Parties Lender has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps necessary to preserve rights against any parties or any other rights pertaining to any Collateral, whether or not the Collateral Agent has or is deemed to have such rights. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which MS Group it accords its own property of like tenorproperty.

Appears in 1 contract

Samples: , and Consolidated Security Agreement (Davel Communications Inc)

The Collateral Agent’s Duties. (a) The powers conferred on the Collateral Agent hereunder are solely to protect its the Lenders', the Issuing Banks's and any Secured Hedge Provider's interest in the Collateral and shall not impose any duty upon it to exercise any such powers. Except for the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Collateral, whether or not any Lender, the Collateral Agent Issuing Banks or any of the other Secured Parties Hedge Provider has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps necessary to preserve rights against any parties or any other rights pertaining to any Collateral, whether or not the Collateral Agent has or is deemed to have such rights. The Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which MS Group it accords its own property of like tenorproperty.

Appears in 1 contract

Samples: Credit Agreement (Pride International Inc)

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