Degree of Care; Liens. The Depositary Agent shall exercise the same degree of care in administering the funds held in the Account and the investments purchased with such funds in accordance with the terms of this Agreement as the Depositary Agent exercises in the ordinary course of its day-to-day business in administering other funds and investments for its own account and as required by any Requirement of Law. The Depositary Agent is not party to and shall not execute and deliver, or otherwise become bound by, any agreement under which the Depositary Agent agrees with any Person other than the Collateral Agent to comply with entitlement orders or instructions originated by such Person relating to the Account or the security entitlements that are the subject of this Agreement. The Depositary Agent shall not grant any Lien on any Financial Asset, other than any Lien granted to the Collateral Agent hereunder.
Degree of Care; Liens. The Depositary shall exercise the same degree of care in administering the funds held in the Collateral Accounts and the investments purchased with such funds in accordance with the terms of this Agreement as Depositary exercises in the ordinary course of its day-to-day business in administering other funds and investments for its own account and as required by Applicable Law. The Depositary is not party to, and shall not execute and deliver, or otherwise become bound by, any agreement under which the Depositary agrees with any Person other than Ormat or the Company to comply with entitlement orders or instructions originated by such Person relating to any of the Collateral Accounts and the other Account Collateral that are the subject of this Agreement.
Degree of Care; Liens. The Depositary shall exercise the same degree of care in administering the funds held in the Accounts as the Depositary exercises in the ordinary course of its day-to-day business in administering other funds for its own account and as required by applicable law. Other than this Agreement, the Depositary is not party to and shall not execute and deliver, or otherwise become bound by, any agreement under which the Depositary agrees with any Person other than the Collateral Agent to comply with entitlement orders or instructions originated by such Person relating to any of the Accounts. The Depositary shall not grant any lien, pledge or security interest in any Financial Asset or any Account or funds therein that is the subject of any security entitlement that is the subject of this Agreement other than any Liens granted to the Collateral Agent hereunder.
Degree of Care; Liens. The Collateral Agent shall exercise the same degree of care in administering the funds held in the Collateral Accounts and the investments purchased from such funds in accordance with the terms of this Agreement as the Collateral Agent exercises in the ordinary course of its day-to-day business in administering other funds and investments for its own account and as required by applicable law. The Collateral Agent shall perform its obligations hereunder in accordance with generally accepted banking industry standards. The Collateral Agent is not party to and shall not execute and deliver, or otherwise become bound by, any agreement under which the Collateral Agent agrees with any Person to comply with entitlement orders or instructions originated by such Person relating to any of the Collateral Accounts or the security entitlements that are the subject of this Agreement. The Collateral Agent shall not grant or suffer to exist any lien, pledge or security interest in any financial asset that is the subject of any security entitlement that is the subject of this Agreement and shall, if any such lien, pledge or security interest shall nevertheless be created, cause the prompt release or discharge of the same.
Degree of Care; Liens. Subject to Section 9.03, the Securities Trustee shall exercise the same degree of care in administering the funds held in the Project Accounts and the investments purchased with such funds in accordance with the terms of this Agreement as the Security Trustee exercises in the ordinary course of its day-to-day business in administering other funds and investments for its own account and as required by applicable law. The Security Trustee is not party to and shall not execute and deliver, or otherwise become bound by, any agreement under which the Security Trustee agrees with any Person other than the Concessionaire and the Secured Parties to comply with entitlement orders or instructions originated by such Person relating to any of the Project Accounts or the security entitlements that are the subject of this Agreement. The Security Trustee shall not grant any Lien on any financial asset credited to the Project Accounts.
Degree of Care; Liens. Each of the Depositary and the Trustee shall exercise the same degree of care with respect to the funds held in the Project Accounts and the investments purchased with such funds in accordance with the terms of this Agreement and the Trust Agreement as the Depositary and the Trustee exercise in the ordinary course of its day-to-day business with respect to other funds and investments for its own account and as required by applicable Government Rule. The Depositary, the Trustee and the Offshore Collateral Agent shall have no duties or obligations with respect to such funds and investments except as expressly set forth in this Agreement and the Trust Agreement. Except for this Agreement and the Trust Agreement, neither the Depositary or the Trustee is party to nor shall it execute and deliver, or otherwise become bound by, any agreement under which the Depositary or the Trustee agrees with any Person other than the Offshore Collateral Agent to comply with instructions originated by such Person relating to any of the Project Accounts or the security entitlements that are the subject of this Agreement or the Trust Agreement. Neither the Depositary or the Trustee shall grant any Lien on any Financial Asset, other than any Lien granted to the Offshore Collateral Agent (for the benefit of the Secured Parties) under this Agreement and the Trust Agreement.
Degree of Care; Liens. The Depositary Agent shall exercise the same degree of care in administering the funds held in the Accounts and the investments purchased with such funds in accordance with the terms of this Agreement as the Depositary Agent exercises in the ordinary course of its day-to-day business in administering other funds and investments for similar transactions and as required by applicable law. Except for this Agreement, the Depositary Agent is not party to and shall not execute and deliver, or otherwise become bound by, any agreement under which the Depositary Agent agrees with any Person other than the Collateral Agent or the Administrative Agent to comply with entitlement orders or instructions originated by such Person relating to any of the Accounts or the Account Collateral relating to the Accounts that are the subject of this Agreement. Without limiting the last sentence of Section 2.7, the Depositary Agent shall not grant any Lien on any Financial Asset credited to any Account, other than any Lien granted to the Collateral Agent (for the benefit of the Secured Parties) under the Security Documents.
Degree of Care; Liens. Depositary Agent shall exercise the same degree of care in administering the funds held in the Depositary Accounts and, subject to Section 3.15, the investments purchased with such funds in accordance with the terms of this Agreement as Depositary Agent exercises in the ordinary course of its day-to-day business in administering other funds and investments for its own accounts and as required by applicable Legal Requirements. Depositary Agent is not party to and shall not execute and deliver, or otherwise become bound by, any agreement (other than this Agreement) under which Depositary Agent agrees with any Person other than Collateral Agent to comply with entitlement orders or instructions originated by such Person relating to any of the Depositary Accounts or the security entitlements that are the subject of this Agreement. Subject to the proviso in the last sentence of Section 2.7, Depositary Agent shall not accept any Lien on any Financial Asset, other than any Liens granted to Collateral Agent under the Security Documents, and shall, if such a Lien is nevertheless created as a result of the action or inaction of Depositary Agent, cause the prompt release or discharge of the same following receipt of written direction from Collateral Agent (acting at the written direction of the Administrative Agent).
Degree of Care; Liens. The P1 Accounts Bank shall exercise the same degree of care in administering the funds held in the P1 Accounts and the investments purchased with such funds in accordance with the terms of this Agreement as the P1 Accounts Bank exercises in the ordinary course of its day-to-day business in administering other funds and investments for its own account and as required by applicable law. Other than this Agreement, the P1 Accounts Bank is not party to and shall not execute and deliver, or otherwise become bound by, any agreement under which the P1 Accounts Bank agrees with any Person other than the P1 Collateral Agent to comply with entitlement orders or instructions originated by such Person relating to any of the P1 Accounts or the security entitlements that are the subject of this Agreement. The P1 Accounts Bank shall not grant any Lien, pledge or security interest in any P1 Account or any P1 Account Collateral, except for the benefit of the Senior Secured Parties in accordance with Section 2.9.
Degree of Care; Liens. The Depositary Bank shall exercise the same degree of care in administering the funds held in the Accounts and the investments purchased with such funds in accordance with the terms of this Agreement as the Depositary Bank exercises in the ordinary course of its day-to-day business in administering other funds and investments for its own account and as required by Applicable Law. The Depositary Bank is not party to and shall not execute and deliver, or otherwise become bound by, any agreement (other than this Agreement) under which the Depositary Bank agrees with any Person other than the Collateral Agent to comply with entitlement orders or instructions originated by such Person relating to any of the Accounts or the security entitlements that are the subject of this Agreement. The Depositary Bank shall not grant any Lien on any Financial Asset (other than any Lien granted under the Security Documents) and shall, if any such Lien shall nevertheless be created as a result of the Depositary Bank’s acts or omissions, use commercially reasonable efforts to cause the prompt release or discharge of the same.
