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.
Appears in 2 contracts
Samples: Accounts Agreement (Ormat Technologies, Inc.), Accounts Agreement (Ormat Technologies, Inc.)
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 the 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 Lawapplicable law. The Depositary is not party to, 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 DIP Administrative Agent to comply with entitlement orders or instructions originated by such Person relating to any of the Collateral Accounts and or the other Account Collateral security entitlements that are the subject of this Depositary Agreement. The Depositary shall not grant any lien, pledge or security interest in any Financial Asset that is the subject of any security entitlement that is the subject of this Depositary Agreement.
Appears in 1 contract
Samples: Depositary Agreement (Hayes Lemmerz International Inc)
Degree of Care; Liens. The Depositary shall exercise the same degree of care in administering the funds held in the Collateral Depositary Accounts and the investments purchased with such funds in accordance with the terms of this Agreement as the 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 Lawapplicable law. The Depositary is not party to, to and shall not execute and deliver, or otherwise knowingly become bound by, any agreement under which the Depositary agrees with any Person other than Ormat or the Company Collateral Agent to comply with entitlement orders or instructions originated by such Person relating to any of the Collateral Depositary Accounts and or the other Account Collateral security entitlements that are the subject of this Agreement. Without limiting the last sentence of Section 2.7, the Depositary shall not grant any Lien on any Financial Asset, other than any Lien granted to the Collateral Agent under the Collateral Documents.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Enviva Partners, LP)