Common use of Limitation on Duty of Trustee in Respect of Collateral Clause in Contracts

Limitation on Duty of Trustee in Respect of Collateral. The Trustee shall not have or be in possession of any of the Collateral. Notwithstanding the foregoing, to the extent that the Trustee (or any agent or bailee thereof) shall have in its possession or control any Collateral, the Trustee shall have the same duties as to such Collateral as the Security Agents pursuant to Section 11.1 (Collateral and Security Documents).

Appears in 8 contracts

Samples: Indenture (Central European Distribution Corp), Indenture (Latchey LTD), Restricted Payments (CEDC Finance Corp LLC)

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Limitation on Duty of Trustee in Respect of Collateral. The (a) Beyond the exercise of reasonable care in the custody thereof, the Trustee shall not have or be in possession of no duty as to any of the Collateral. Notwithstanding the foregoing, to the extent that the Trustee (or any agent or bailee thereof) shall have Collateral in its possession or control or in the possession or control of any Collateral, agent or bailee or any income thereon or as to preservation of rights against prior parties or any other rights pertaining thereto and the Trustee shall have not be responsible for filing any financing or continuation statements or recording any documents or instruments in any public office at any time or times or otherwise perfecting or maintaining the same duties as to such Collateral as perfection of the Security Agents pursuant to Section 11.1 (Collateral and Security Documents)security interest in the Collateral.

Appears in 3 contracts

Samples: Indenture (Consolidated Container Co LLC), Webcraft LLC, Exide Technologies

Limitation on Duty of Trustee in Respect of Collateral. The (a) Beyond the exercise of reasonable care in the custody thereof, the Trustee shall not have or be in possession of no duty as to any of the Collateral. Notwithstanding the foregoing, to the extent that the Trustee (or any agent or bailee thereof) shall have Collateral in its possession or control or in the possession or control 106 of any Collateral, agent or bailee or any income thereon or as to preservation of rights against prior parties or any other rights pertaining thereto and the Trustee shall have not be responsible for filing any financing or continuation statements or recording any documents or instruments in any public office at any time or times or otherwise perfecting or maintaining the same duties as to such Collateral as perfection of the Security Agents pursuant to Section 11.1 (Collateral and Security Documents)security interest in the Collateral.

Appears in 1 contract

Samples: Indenture (Vertis Inc)

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Limitation on Duty of Trustee in Respect of Collateral. The (a) Beyond the exercise of reasonable care by the Trustee, the Trustee shall not have or be in possession of no duty as to any of the Collateral. Notwithstanding the foregoing, to the extent that the Trustee (or any agent or bailee thereof) shall have Collateral in its possession or control or in the possession or control of any Collateral, agent or bailee or any income thereon or as to preservation of rights against prior parties or any other rights pertaining thereto and the Trustee shall have not be responsible for filing any financing or continuation statements or recording any documents or instruments in any public office at any time or times or otherwise perfecting or maintaining the same duties as to such Collateral as perfection of the Security Agents pursuant to Section 11.1 (Collateral and Security Documents)security interest in the Collateral.

Appears in 1 contract

Samples: Clean Harbors Inc

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