Common use of Limitation on Secured Party’s Duty in Respect of Collateral Clause in Contracts

Limitation on Secured Party’s Duty in Respect of Collateral. The Secured Party shall not have any duty as to any Collateral in its possession or control or in the possession or control of any agent or nominee of it or any income thereon or as to the preservation of rights against prior parties or any other rights pertaining thereto, except that the Secured Party shall use reasonable care with respect to the Collateral in its possession or under its control.

Appears in 10 contracts

Samples: Security Agreement (Mbia Inc), Security Agreement (Mbia Inc), Pledge Agreement (Mbia Inc)

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Limitation on Secured Party’s Duty in Respect of Collateral. The Secured Party shall not have any duty as to any Collateral in its possession or control or in the possession or control of any agent or nominee of it or any income thereon or as to the preservation of rights against prior parties or any other rights pertaining thereto, except that the Secured Party shall use reasonable care with respect to the Collateral in its possession or under its control.

Appears in 10 contracts

Samples: Pledge and Security Agreement (Cornerworld Corp), Pledge and Security Agreement (Cornerworld Corp), Pledge and Security Agreement (Focus Media Holding LTD)

Limitation on Secured Party’s Duty in Respect of Collateral. The Secured Party shall use reasonable care with respect to the Collateral in its possession or under its control. Secured Party shall not have any other duty as to any Collateral in its possession or control or in the possession or control of any agent or nominee of it Secured Party, or any income thereon or as to the preservation of rights against prior parties or any other rights pertaining thereto, except that the Secured Party shall use reasonable care with respect to the Collateral in its possession or under its control.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Cartesian, Inc.), Security Agreement (Cartesian, Inc.), Security Agreement (J2 Communications /Ca/)

Limitation on Secured Party’s Duty in Respect of Collateral. The Secured Party shall use reasonable care with respect to the Collateral in its possession or under its control. Secured Party shall not have any other duty as to any Collateral in its possession or control or in the possession or control of any agent or nominee of it or any income thereon or as to the preservation of rights against prior parties or any other rights pertaining thereto. Upon request of Company, except that the Secured Party shall use reasonable care with account for any moneys received by it in respect to of any foreclosure on or disposition of the Collateral in its possession or under its controlCollateral.

Appears in 2 contracts

Samples: Security Agreement and Pledge (Team Communication Group Inc), Security Agreement and Pledge (Team Communication Group Inc)

Limitation on Secured Party’s Duty in Respect of Collateral. The Beyond handling the Pledged Shares in the same manner as if the Secured Party owned such shares, the Secured Party shall not have any duty as to any Collateral in its possession or control or in the possession or control of any agent or nominee of it or any income thereon or as to the preservation of rights against prior parties or any other rights pertaining thereto, except that the Secured Party shall use reasonable care with respect to the Collateral in its possession or under its control.

Appears in 1 contract

Samples: Subordinated Stock Pledge Agreement (Cyalume Technologies Holdings, Inc.)

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Limitation on Secured Party’s Duty in Respect of Collateral. The Secured Party shall not have any duty as to any Collateral in its possession or control or in the possession or control of any agent or nominee of it or any income thereon or as to the preservation of rights against prior parties or any other rights pertaining thereto, except that the Secured Party shall use reasonable care with respect to the Collateral in its possession or under its controlcontrol and act in accordance with sections 9-207 and 9-208 of the New York UCC.

Appears in 1 contract

Samples: Pledge and Security Agreement (Hercules Technology Growth Capital Inc)

Limitation on Secured Party’s Duty in Respect of Collateral. The Secured Party shall not have any duty as to any Collateral in its possession or control or in the possession or control of any agent or nominee of it or any income thereon or as to the preservation of rights against prior parties or any other rights pertaining thereto, except that the Secured Party shall use reasonable care with respect to the Collateral in its possession or under its control. Upon request of Borrowers, Secured Party shall account for any moneys received by it in respect of any foreclosure on or disposition of the Collateral.

Appears in 1 contract

Samples: Security Agreement (Educational Medical Inc)

Limitation on Secured Party’s Duty in Respect of Collateral. The Secured Party shall use reasonable care with respect to the Collateral in its possession or under its control. Secured Party shall not have any other duty as to any Collateral in its possession or control or in the possession or control of any agent or nominee of it or any income thereon or as to the preservation of rights against prior parties or any other rights pertaining thereto. Upon request of Debtor, except that the Secured Party shall use reasonable care with account for any moneys received by it in respect to of any foreclosure on or disposition of the Collateral in its possession or under its controlCollateral.

Appears in 1 contract

Samples: Security Agreement (CurrencyWorks Inc.)

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