Care of Collateral. Creditor shall exercise reasonable care in the custody and preservation of the Collateral but shall have no obligation to initiate any action with respect to, or otherwise inform Borrower of, any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right or privilege relating to or affecting the Collateral; provided, however, that Creditor will notify Borrower of any such rights of Borrower to protect against adverse claims or to protect the Collateral against the possibility of a decline in market value. Creditor shall not be obligated to take any action with respect to the Collateral requested by the Borrower unless the request is made in writing and Creditor determines that the requested action will not unreasonably jeopardize the value of the Collateral as security for the note and other indebtedness secured hereunder. Creditor may at any time release and deliver all or part of the Collateral to the Borrower, and the receipt thereof by the Borrower shall constitute a complete and full acquittance for the Collateral so released and delivered. Creditor shall accordingly be discharged from any further liability or responsibility for the Collateral, and the released Collateral shall no longer be subject to the provisions of this Agreement. However, any and all releases of the Collateral shall be effected in compliance with the applicable limitations of Section 8(a) and (c). 6.
Appears in 4 contracts
Samples: Operating Agreement (Afg Investment Trust D), Operating Agreement (Afg Investment Trust A), Operating Agreement (Afg Investment Trust B)
Care of Collateral. Creditor The Company shall exercise reasonable care in the custody and preservation of the Collateral but shall have no obligation to initiate any action with respect to, or otherwise inform the Borrower of, any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right or privilege relating to or affecting the Collateral; provided, however, that Creditor the Company will notify the Borrower of any such rights of the Borrower to protect against adverse claims or to protect the Collateral against the possibility of a decline in market value. Creditor The Company shall not be obligated to take any action with respect to the Collateral requested by the Borrower unless the request is made in writing and Creditor the Company determines that the requested action will not unreasonably jeopardize the value of the Collateral as security for the note Note and other indebtedness secured hereunder. Creditor The Company may at any time release and deliver all or part of the Collateral to the Borrower, and the receipt thereof by the Borrower shall constitute a complete and full acquittance for the Collateral so released and delivered. Creditor The Company shall accordingly be discharged from any further liability or responsibility for the Collateral, and the released Collateral shall no longer be subject to the provisions of this Agreement. However, any and all releases of the Collateral shall be effected in compliance with the applicable limitations of Section 8(a7(a) and (c). 6.
Appears in 4 contracts
Samples: Stock Pledge Agreement (Theravance Inc), Stock Pledge Agreement (Theravance Inc), Stock Pledge Agreement (Zilog Inc)
Care of Collateral. Creditor The Company shall exercise reasonable care in the custody and preservation of the Collateral but shall have no obligation to initiate any action with respect to, or otherwise inform the Borrower of, any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right or privilege relating to or affecting the Collateral; provided, however, that Creditor the Company will notify the Borrower of any such rights of the Borrower to protect against adverse claims or to protect the Collateral against the possibility of a decline in market value. Creditor The Company shall not be obligated to take any action with respect to the Collateral requested by the Borrower unless the request is made in writing and Creditor the Company determines that the requested action will not unreasonably jeopardize the value of the Collateral as security for the note Note and other indebtedness secured hereunder. Creditor The Company may at any time release and deliver all or part of the Collateral to the Borrower, and the receipt thereof by the Borrower shall constitute a complete and full acquittance for the Collateral so released and delivered. Creditor The Company shall accordingly be discharged from any further liability or responsibility for the Collateral, and the released Collateral shall no longer be subject to the provisions of this Agreement. However, any and all releases of the Collateral shall be effected in compliance with the applicable limitations of Section 8(a) and (c). 67.
Appears in 4 contracts
Samples: Stock Pledge Agreement (Seven Networks Inc), Employment Agreement (Ion Networks Inc), Employment Agreement (Ion Networks Inc)
Care of Collateral. Creditor The Company shall exercise reasonable care in the custody and preservation of the Collateral but shall have no obligation to initiate any action with respect to, or otherwise inform the Borrower of, any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right or privilege relating to or affecting the Collateral; provided, however, that Creditor the Company will notify the Borrower of any such rights of the Borrower to protect against adverse claims or to protect the Collateral against the possibility of a decline in market value. Creditor The Company shall not be obligated to take any action with respect to the Collateral requested by the Borrower unless the request is made in writing and Creditor the Company determines that the requested action will not unreasonably jeopardize the value of the Collateral as security for the note Note and other indebtedness secured hereunder. Creditor The Company may at any time release and deliver all or part of the Collateral to the Borrower, and the receipt thereof by the Borrower shall constitute a complete and full acquittance for the Collateral so released and delivered. Creditor The Company shall accordingly be discharged from any further liability or responsibility for the Collateral, and the released Collateral shall no longer be subject to the provisions of this Agreement. However, any and all releases of the Collateral shall be effected in compliance with the applicable limitations of Section 8(a9(a) and (c). 6.
Appears in 3 contracts
Samples: Pledge Agreement (Avantgo Inc), Pledge Agreement (Avantgo Inc), Pledge Agreement (Avantgo Inc)
Care of Collateral. Creditor The Company shall exercise reasonable care in the custody and preservation of the Collateral Collateral, but shall have no obligation to initiate any action with respect to, or otherwise inform the Borrower of, any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right or privilege relating to or affecting the Collateral; provided, however, that Creditor the Company will notify the Borrower of any such rights of the Borrower to protect against adverse claims or to protect the Collateral against the possibility of a decline in market value. Creditor The Company shall not be obligated to take any action with respect to the Collateral requested by the Borrower unless the request is made in writing and Creditor the Company determines that the requested action will not unreasonably jeopardize the value of the Collateral as security for the note and other indebtedness secured hereunder. Creditor The Company may at any time release and deliver all or part of the Collateral to the Borrower, and the receipt thereof by the Borrower shall constitute a complete and full acquittance for the Collateral so released and delivered. Creditor The Company shall accordingly be discharged from any further liability or responsibility for the Collateral, and the released Collateral shall no longer be subject to the provisions of this Agreement. However, any and all releases of the Collateral shall be effected in compliance with the applicable limitations of Section 8(aparagraphs 7(a) and (c7(c). 6.
Appears in 2 contracts
Samples: Stock Pledge Agreement (Critical Path Inc), Promissory Note (Kabira Technologies Inc)
Care of Collateral. Creditor The Company and the Escrow Agent shall exercise reasonable care in the custody and preservation of the Collateral but Collateral. However, neither the Company nor the Escrow Agent shall have no any obligation to (i) initiate any action with respect to, or otherwise inform Borrower the Pledgor of, any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right or privilege relating to or affecting the Collateral; provided, however, that Creditor will notify Borrower of any such (ii) preserve the rights of Borrower to protect the Pledgor against adverse claims or to protect the Collateral against the possibility of a decline in market value. Creditor shall not be obligated to value or (iii) take any action with respect to the Collateral requested by the Borrower Pledgor unless the request is made in writing to the Company and Creditor copied to the Escrow Agent and the Company determines that the requested action will not unreasonably jeopardize the value of the Collateral as security for the note Note and any other indebtedness secured hereunder. Creditor Subject to the limitations of Paragraph 9, the Company may at any time release and deliver all or part of the Collateral to the BorrowerPledgor, and the receipt thereof by the Borrower Pledgor shall constitute a complete and full acquittance for the Collateral so released and delivered. Creditor The Company and the Escrow Agent shall accordingly each be discharged from any further liability or responsibility for the Collateral, and the released Collateral shall no longer be subject to the provisions of this Agreement. However, any and all releases of the Collateral shall be effected in compliance with the applicable limitations of Section 8(a) and (c). 6.
Appears in 1 contract
Care of Collateral. Creditor Holder shall exercise reasonable care in the custody and preservation of the Collateral Pledged Collateral, but shall have no obligation to initiate any action with respect to, or otherwise inform Borrower Maker of, any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right or privilege relating to or affecting the Pledged Collateral; provided, however, that Creditor Holder will notify Borrower Maker of any such rights of Borrower Maker to protect against adverse claims or to protect the Pledged Collateral against the possibility of a decline in market value. Creditor Holder shall not be obligated to take any action with respect to the Pledged Collateral requested by the Borrower Maker unless the request is made in writing and Creditor Holder determines that the requested action will not unreasonably jeopardize the value of the Pledged Collateral as security for the note this Note and other indebtedness secured hereunder. Creditor Holder may at any time release and deliver all or part of the Pledged Collateral to the BorrowerMaker, and the receipt thereof by the Borrower Maker shall constitute a complete and full acquittance for the Pledged Collateral so released and delivered. Creditor Holder shall accordingly be discharged from any further liability or responsibility for the CollateralPledged Collateral so released and delivered, and the released Pledged Collateral shall no longer be subject to the provisions of this AgreementNote. However, any and all releases of the Pledged Collateral shall be effected in compliance with the applicable limitations of Section 8(aSections 10(a) and (c10(c). 6.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Campus Crest Communities, Inc.)
Care of Collateral. Creditor The Company shall exercise reasonable care in the custody and preservation of the Collateral but shall have no obligation to initiate any action with respect to, or otherwise inform the Borrower of, any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right or privilege relating to or affecting the Collateral; provided, however, that Creditor the Company will notify the Borrower of any such rights of the Borrower to protect against adverse claims or to protect the Collateral against the possibility of a decline in market value. Creditor The Company shall not be obligated to take any action with respect to the Collateral requested by the Borrower unless the request is made in writing and Creditor the Company determines that the requested action will not unreasonably jeopardize the value of the Collateral as security for the note Note and other indebtedness secured hereunder. Creditor The Company may at any time release and deliver all or part of the Collateral to the Borrower, and the receipt thereof by the Borrower shall constitute a complete and full acquittance for the Collateral so released and delivered. Creditor The Company shall accordingly be discharged from any further liability or responsibility for the Collateral, and the released Collateral shall no longer be subject to the provisions of this Agreement. However, any and all releases of the Collateral shall be effected in compliance with the applicable limitations of Section 8(a) and (c). 6.
Appears in 1 contract
Samples: Pledge Agreement (Avantgo Inc)
Care of Collateral. Creditor The Company shall exercise reasonable care in the custody and preservation of the Collateral but shall have no obligation to initiate any action with respect to, or otherwise inform the Borrower of, any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right or privilege relating to or affecting the Collateral; provided, however, that Creditor will notify Borrower of any such rights of Borrower to protect against adverse claims or to protect the Collateral against the possibility of a decline in market value. Creditor The Company shall not be obligated to take any action with respect to the Collateral requested by the Borrower unless the request is made in writing and Creditor the Company determines that the requested action will not unreasonably jeopardize the value of the Collateral as security for the note and other indebtedness secured hereunder. Creditor The Company may at any time release and deliver all or part of the Collateral to the Borrower, and the receipt thereof by the Borrower shall constitute a complete and full acquittance for the Collateral so released and delivered. Creditor The Company shall accordingly be discharged from any further liability or responsibility for the Collateral, and the released Collateral shall no longer be subject to the provisions of this Agreement. However, any and all releases of the Collateral shall be effected in compliance with the applicable limitations of Section 8(a7(a) and (c). 6.
Appears in 1 contract
Care of Collateral. Creditor (a) Pledgee shall exercise reasonable care in the custody and preservation of the Collateral but Collateral. However, Pledgee shall have no obligation to (a) subject to Pledgor's rights as a stockholder of the Company, initiate any action with respect to, or otherwise inform Borrower Pledgor of, any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right or privilege relating to or affecting the Collateral; provided, however, that Creditor will notify Borrower of any such (b) preserve the rights of Borrower to protect Pledgor against adverse claims or to protect the Collateral against the possibility of a decline in market value. Creditor shall not be obligated to value or (c) take any action with respect to the Collateral requested by the Borrower Pledgor unless the request is made in writing and Creditor Pledgee determines that the requested action will not unreasonably jeopardize the value of the Collateral as security for the note Note and other indebtedness secured hereunder. Creditor .
(b) Subject to the limitations of Section 8, Pledgee may at any time release and deliver all or part of the Collateral to the BorrowerPledgor, and the receipt thereof by the Borrower Pledgor shall constitute a complete and full acquittance for the Collateral so released and delivered. Creditor Pledgee shall accordingly be discharged from any further future liability or responsibility for the Collateral, and the released Collateral shall no longer be subject to the provisions of this Agreement. However, any and all releases of the Collateral shall be effected in compliance with the applicable limitations of Section 8(a) and (c). 6.
Appears in 1 contract
Samples: Stock Pledge Agreement (American Building Control Inc)
Care of Collateral. Creditor The Company shall exercise reasonable care in the ------------------ custody and preservation of the Collateral Collateral, but shall have no obligation to initiate any action with respect to, or otherwise inform the Borrower of, ; any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right Tight or privilege relating to or affecting the Collateral; provided, however, that Creditor the Company will notify the Borrower of any such rights of the Borrower to protect against adverse claims or to protect the Collateral against the possibility of a decline in market value. Creditor The Company shall not be obligated to take any action with respect to the Collateral requested by the Borrower unless the request is made in writing and Creditor the Company determines that the requested action will not unreasonably jeopardize the value of the Collateral as security for the note Note and other indebtedness secured hereunder. Creditor The Company may at any time release and deliver all or part of the Collateral to the Borrower, and the receipt thereof by the Borrower shall constitute a complete and full acquittance for the Collateral so released and delivered. Creditor The Company shall accordingly be discharged from any further liability or responsibility for the Collateral, and the released Collateral shall no longer be subject to the provisions of this Agreement. However, any and all releases of the Collateral shall be effected in compliance with the applicable limitations of Section 8(aparagraphs 7(a) and (c7(c). 6.
Appears in 1 contract
Care of Collateral. Creditor The Company shall exercise reasonable care in the custody and preservation of the Collateral but and shall take no action with respect to a transfer of the Shares prior to an event of default. However, the Company shall have no obligation to (a) initiate any action with respect to, or otherwise inform Borrower Pledgor of, any conversion, call, exchange right, preemptive right, subscription right, purchase offer or other right or privilege relating to or affecting the Collateral; provided, however, that Creditor will notify Borrower of any such (b) preserve the rights of Borrower to protect Pledgor against adverse claims or to protect the Collateral against the possibility of a decline in market value. Creditor shall not be obligated to value or (c) take any action with respect to the Collateral requested by the Borrower Pledgor unless the request is made in writing and Creditor the Company determines that the requested action will not unreasonably jeopardize the value of the Collateral as security for the note Note and other indebtedness secured hereunder. Creditor Subject to the limitations of Paragraph 9, the Company may at any time release and deliver all or part of the Collateral to the BorrowerPledgor, and the receipt thereof by the Borrower Pledgor shall constitute a complete and full acquittance for the Collateral so released and delivered. Creditor The Company shall accordingly be discharged from any further liability or responsibility for the Collateral, and the released Collateral shall no longer be subject to the provisions of this Agreement. However, any and all releases of the Collateral shall be effected in compliance with the applicable limitations of Section 8(a) and (c). 6.
Appears in 1 contract
Samples: Asset Purchase Agreement (La Jolla Pharmaceutical Co)