Common use of No Assumption of Duties; Reasonable Care Clause in Contracts

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Senior Notes Collateral Agent hereunder are being granted in order to preserve and protect the Senior Notes Collateral Agent's and the Holders' security interest in and to the Senior Notes Pledged Collateral granted hereby and shall not be interpreted to, and shall not, impose any duties on the Senior Notes Collateral Agent in connection therewith. Further, the rights and powers granted to the Senior Notes Collateral Agent hereunder are being granted in order to permit the Senior Notes Collateral Agent to hold the Senior Notes Pledged Collateral for the Price Note Collateral Agent, in order to perfect the security interest in the Senior Notes Pledged Collateral for the Price Note Collateral Agent under the Price Note Pledge Agreement. The Senior Notes Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Senior Notes Pledged Collateral in its possession if the Senior Notes Pledged Collateral is accorded treatment substantially equal to that which the Senior Notes Collateral Agent accords its own property, it being understood that the Senior Notes Collateral Agent shall not have any responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Senior Notes Pledged Collateral, whether or not the Senior Notes Collateral Agent has or is deemed to have knowledge of such matters, or (ii) taking any necessary steps to preserve rights against any parties with respect to any Senior Notes Pledged Collateral.

Appears in 2 contracts

Samples: Pledge Agreement (Excel Legacy Corp), Pledge Agreement (Excel Legacy Corp)

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No Assumption of Duties; Reasonable Care. The rights and powers granted to conferred on the Senior Notes Collateral Agent hereunder are being granted in order solely to preserve and protect the Senior Notes Collateral Agent's and Transaction Liens of the Holders' security interest Secured Parties in and to the Senior Notes Pledged Collateral granted hereby and shall not be interpreted to, and shall notnot impose, impose any duties on the Senior Notes Collateral Agent in connection therewiththerewith other than those expressly provided herein or imposed under applicable law. FurtherBeyond the exercise of reasonable care in the custody and preservation thereof, the rights and powers granted Collateral Agent will have no duty as to any Collateral in its possession or control or in the possession or control of any sub-agent or bailee selected by it in good faith or any income therefrom or as to the Senior Notes Collateral Agent hereunder are being granted in order to permit preservation of rights against prior parties or any other rights pertaining thereto. Except as provided by applicable law or by the Senior Notes Collateral Agent to hold Secured Debt Documents, the Senior Notes Pledged Collateral for the Price Note Collateral Agent, in order to perfect the security interest in the Senior Notes Pledged Collateral for the Price Note Collateral Agent under the Price Note Pledge Agreement. The Senior Notes Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Senior Notes Pledged Collateral in its possession if the Senior Notes Pledged Collateral is accorded treatment substantially equal to that which the Senior Notes Collateral Agent accords similar property held by the Collateral Agent for its own propertyaccount, it being understood that the Senior Notes Collateral Agent in its capacity as such shall not have any responsibility for (ia) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders maturities or other matters relative to any Senior Notes Pledged Collateral, whether or not the Senior Notes Collateral Agent has or is deemed to have knowledge of such matters, or (iib) taking any necessary steps to preserve rights against any parties with respect to any Senior Notes Pledged CollateralCollateral or (c) investing or reinvesting any of the Collateral or any loss on any investment. The Collateral Agent shall not be responsible for the sufficiency of the Collateral or this Security Agreement and shall be entitled to all the rights, benefits, privileges and immunities accorded to the Collateral Agent under the Collateral Trust Agreement.

Appears in 2 contracts

Samples: Security Agreement (Ak Steel Holding Corp), Security Agreement (Ak Steel Holding Corp)

No Assumption of Duties; Reasonable Care. The rights and powers granted to the Senior Notes Debentures Collateral Agent hereunder are being granted in order to preserve and protect the Senior Notes Debentures Collateral Agent's and the Holders' security interest in and to the Senior Notes Debentures Pledged Collateral granted hereby and shall not be interpreted to, and shall not, impose any duties on the Senior Notes Debentures Collateral Agent in connection therewith. Further, the rights and powers granted to the Senior Notes Debentures Collateral Agent hereunder are being granted in order to permit the Senior Notes Debentures Collateral Agent to hold the Senior Notes Debentures Pledged Collateral for the Price Note Collateral Agent, in order to perfect the security interest in the Senior Notes Debentures Pledged Collateral for the Price Note Collateral Agent under the Price Note Pledge Agreement. The Senior Notes Debentures Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Senior Notes Debentures Pledged Collateral in its possession if the Senior Notes Debentures Pledged Collateral is accorded treatment substantially equal to that which the Senior Notes Debentures Collateral Agent accords its own property, it being understood that the Senior Notes Debentures Collateral Agent shall not have any responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Senior Notes Debentures Pledged Collateral, whether or not the Senior Notes Debentures Collateral Agent has or is deemed to have knowledge of such matters, or (ii) taking any necessary steps to preserve rights against any parties with respect to any Senior Notes Debentures Pledged Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Excel Legacy Corp)

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No Assumption of Duties; Reasonable Care. The rights and powers granted to the Senior Notes Price Note Collateral Agent hereunder are being granted in order to preserve and protect the Senior Notes Price Note Collateral Agent's and the Holders' security interest in and to the Senior Notes Price Note Pledged Collateral granted hereby and shall not be interpreted to, and shall not, impose any duties on the Senior Notes Price Note Collateral Agent in connection therewith. Further, the rights and powers granted to the Senior Notes Collateral Agent hereunder are being granted in order to permit the Senior Notes Collateral Agent to hold the Senior Notes Pledged Collateral for the The Price Note Collateral Agent, in order to perfect the security interest in the Senior Notes Pledged Collateral for the Price Note Collateral Agent under the Price Note Pledge Agreement. The Senior Notes Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Senior Notes Price Note Pledged Collateral in its possession if the Senior Notes Price Note Pledged Collateral is accorded treatment substantially equal to that which the Senior Notes Price Note Collateral Agent accords its own property, it being understood that the Senior Notes Price Note Collateral Agent shall not have any responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Senior Notes Price Note Pledged Collateral, whether or not the Senior Notes Price Note Collateral Agent has or is deemed to have knowledge of such matters, or (ii) taking any necessary steps to preserve rights against any parties with respect to any Senior Notes Price Note Pledged Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Excel Legacy Corp)

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