Common use of Care of the Pledged Collateral Clause in Contracts

Care of the Pledged Collateral. The Pledgee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if such Pledged Collateral is accorded treatment substantially equal to the care that the Pledgee accords its own property, it being understood that the Pledgee shall not have responsibility for: (i) Ascertaining or taking action with respect to any matter relative to any Pledged Collateral, whether or not the Pledgee has or is deemed to have knowledge of such matters; or (ii) Taking any step to preserve rights against any Person with respect to any of the Pledged Collateral. The Pledgor shall have the sole responsibility for taking any and all steps to preserve rights against any and all Persons to any of the Pledged Collateral, whether or not in the Pledgee's possession. The Pledgee shall not be responsible for loss or damage resulting from the Pledgee's failure to enforce or collect any of the Pledged Collateral or to collect any moneys due or to become due thereunder. The Pledgor shall be responsible for filing or re-filing any financing or continuation statement in order to maintain the Security Interest as a fully perfected and first security interest in the Pledged Collateral.

Appears in 2 contracts

Samples: Pledge Agreement (Airgate PCS Inc /De/), Indenture (Airgate PCS Inc /De/)

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Care of the Pledged Collateral. The Pledgee shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if such Pledged Collateral is accorded treatment substantially equal to the care that the Pledgee accords its own property, it being understood that the Pledgee shall not have responsibility for: (i) Ascertaining or taking action with respect to any matter relative to any Pledged Collateral, whether or not the Pledgee has or is deemed to have knowledge of such matters; or (ii) Taking any step to preserve rights against any Person with respect to any of the Pledged Collateral. The Pledgor shall have the sole responsibility for taking any and all steps to preserve rights against any and all Persons to any of the Pledged Collateral, whether or not in the Pledgee's ’s possession. The Pledgee shall not be responsible for loss or damage resulting from the Pledgee's ’s failure to enforce or collect any of the Pledged Collateral or to collect any moneys due or to become due thereunder. The Pledgor shall be responsible for filing or re-filing any financing or continuation statement in order to maintain the Security Interest as a fully perfected and first security interest in the Pledged Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Airgate PCS Inc /De/)

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Care of the Pledged Collateral. The Pledgee shall be deemed to ------------------------------ have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if such Pledged Collateral is accorded treatment substantially equal to the care that the Pledgee accords its own property, it being understood that the Pledgee shall not have responsibility for: (i) Ascertaining or taking action with respect to any matter relative to any Pledged Collateral, whether or not the Pledgee has or is deemed to have knowledge of such matters; or (ii) Taking any step to preserve rights against any Person with respect to any of the Pledged Collateral. The Pledgor shall have the sole responsibility for taking any and all steps to preserve rights against any and all Persons to any of the Pledged Collateral, whether or not in the Pledgee's possession. The Pledgee shall not be responsible for loss or damage resulting from the Pledgee's failure to enforce or collect any of the Pledged Collateral or to collect any moneys due or to become due thereunder. The Pledgor shall be responsible for filing or re-filing any financing or continuation statement in order to maintain the Security Interest as a fully perfected and first security interest in the Pledged Collateral.

Appears in 1 contract

Samples: Credit Agreement (Agw Leasing Co Inc)

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