Common use of Possession of Collateral Clause in Contracts

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares in the physical possession of Pledgee pursuant hereto, neither Pledgee, nor any nominee of Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to Pledgor. Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity and of all other circumstances bearing upon the risk of non-payment of the Liabilities, and Pledgee shall have no duty to advise Pledgor of information known to Pledgee regarding such condition or any such circumstance. Pledgee shall have no duty to inquire into the powers of a Pledge Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 7 contracts

Samples: Pledge Agreement (Sonterra Resources, Inc.), Pledge Agreement (Longview Fund Lp), Pledge Agreement (Sonterra Resources, Inc.)

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Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares Interests in the physical possession of Pledgee pursuant hereto, neither Pledgee, nor any nominee of Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to the Pledgor. The Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity and of all other circumstances bearing upon the risk of non-payment of the LiabilitiesObligations, and Pledgee shall have no duty to advise the Pledgor of information known to Pledgee regarding such condition or any such circumstance. Pledgee shall have no duty to inquire into the powers of a Pledge Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 7 contracts

Samples: Pledge Agreement, Form of Pledge Agreement, Pledge Agreement (OncBioMune Pharmaceuticals, Inc)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares in the physical possession of Pledgee pursuant hereto, neither Pledgee, nor any nominee of Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and except as provided above, shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to Pledgor. Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity and of all other circumstances bearing upon the risk of non-payment of the Liabilities, and Pledgee shall have no duty to advise Pledgor of information known to Pledgee regarding such condition or any such circumstance. Pledgee shall have no duty to inquire into the powers of a Pledge Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 3 contracts

Samples: Security Agreement (Cumulus Investors LLC), Pledge Agreement (Gulf Western Petroleum Corp), Pledge Agreement (Averion International Corp.)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares Interests in the physical possession of the Pledgee pursuant hereto, neither the Pledgee, nor any nominee of the Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to the Pledgor. The Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity and of all other circumstances bearing upon the risk of non-payment of the LiabilitiesObligations, and the Pledgee shall have no duty to advise the Pledgor of information known to the Pledgee regarding such condition or any such circumstance. The Pledgee shall have no duty to inquire into the powers of a Pledge Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 3 contracts

Samples: Pledge Agreement, Pledge Agreement (OncBioMune Pharmaceuticals, Inc), Pledge Agreement (Esports Entertainment Group, Inc.)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares in the physical possession of the Pledgee pursuant hereto, neither the Pledgee, nor any nominee of the Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to the Pledgor. The Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity the Company and of all other circumstances bearing upon the risk of non-payment of the LiabilitiesObligations, and the Pledgee shall have no duty to advise the Pledgor of information known to the Pledgee regarding such condition or any such circumstance. The Pledgee shall have no duty to inquire into the powers of a Pledge Entity the Company or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 3 contracts

Samples: Shareholder Pledge Agreement (Kaching Kaching, Inc.), Shareholder Pledge Agreement (Kaching Kaching, Inc.), Shareholder Pledge Agreement (Kaching Kaching, Inc.)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares Interests in the physical possession of Pledgee pursuant hereto, neither Pledgee, nor any nominee of Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to any Pledgor. Each Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity and of all other circumstances bearing upon the risk of non-payment of the Liabilities, and Pledgee shall have no duty to advise any Pledgor of information known to Pledgee regarding such condition or any such circumstance. Pledgee shall have no duty to inquire into the powers of a Pledge Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 2 contracts

Samples: Pledge Agreement (usell.com, Inc.), Pledge Agreement (usell.com, Inc.)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares Interests in the physical possession of Pledgee the Collateral Agent pursuant hereto, neither Pledgeethe Collateral Agent, nor any nominee of Pledgeethe Collateral Agent, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to the Pledgor. The Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Pledged Entity and of all other circumstances bearing upon the risk of non-payment of the LiabilitiesObligations, and Pledgee the Collateral Agent shall have no duty to advise the Pledgor of information known to Pledgee the Collateral Agent regarding such condition or any such circumstance. Pledgee The Collateral Agent shall have no duty to inquire into the powers of a Pledge Pledged Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 2 contracts

Samples: Pledge Agreement (Ascent Solar Technologies, Inc.), Pledge Agreement (Healthcare Triangle, Inc.)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares Interests in the physical possession of the Pledgee pursuant hereto, neither the Pledgee, nor any nominee of the Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them such Pledged Collateral to any Pledgor. Each Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge each Pledged Entity and of all other circumstances bearing upon the risk of non-payment of the LiabilitiesObligations, and the Pledgee shall have no duty to advise any Pledgor of information known to the Pledgee regarding such condition or any such circumstance. The Pledgee shall have no duty to inquire into the powers of a Pledge Pledged Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 2 contracts

Samples: Pledge Agreement (Workhorse Group Inc.), Pledge Agreement

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares in the physical possession of Pledgee pursuant hereto, neither Pledgee, nor any nominee of Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to a Pledgor. Each Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Pledged Entity and of all other circumstances bearing upon the risk of non-payment of the LiabilitiesObligations, and Pledgee shall have no duty to advise any Pledgor of information known to Pledgee regarding such condition or any such circumstance. Pledgee shall have no duty to inquire into the powers of a Pledge Pledged Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 2 contracts

Samples: Pledge Agreement (South Texas Oil Co), Pledge Agreement (South Texas Oil Co)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares in the physical possession of Pledgee pursuant hereto, neither PledgeePledgee nor any Lender, nor any nominee of Pledgee, any of them shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral Shares and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged CollateralShares), and shall be relieved of all responsibility for the Pledged Collateral Shares upon surrendering them to Pledgor. Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity Production and of all other circumstances bearing upon the risk of non-payment of the Liabilities, and Pledgee shall have no duty to advise Pledgor of information known to Pledgee regarding such condition or any such circumstance. Pledgee shall have no duty to inquire into the powers of a Pledge Entity Production or its their respective officers, directors, managers, members, partners directors or agents thereof acting or purporting to act on its their behalf.

Appears in 1 contract

Samples: Loan Agreement (Ascent Energy Inc)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares in the physical possession of the Pledgee pursuant hereto, neither the Pledgee, nor any nominee of the Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to the Pledgor. The Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity and of all other circumstances bearing upon the risk of non-payment of the Liabilities, and the Pledgee shall have no duty to advise the Pledgor of information known to the Pledgee regarding such condition or any such circumstance. The Pledgee shall have no duty to inquire into the powers of a Pledge Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 1 contract

Samples: Pledge Agreement (Evolution Resources, Inc.)

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Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares Interests in the physical possession of Pledgee the Collateral Agent pursuant hereto, neither Pledgeethe Collateral Agent, nor any nominee of Pledgeethe Collateral Agent, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to the Pledgor. The Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity and of all other circumstances bearing upon the risk of non-payment of the LiabilitiesObligations, and Pledgee the Collateral Agent shall have no duty to advise the Pledgor of information known to Pledgee the Collateral Agent regarding such condition or any such circumstance. Pledgee The Collateral Agent shall have no duty to inquire into the powers of a Pledge Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 1 contract

Samples: Pledge Agreement (American International Holdings Corp.)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares Interests in the physical possession of Pledgee the Collateral Agent pursuant hereto, neither Pledgeethe Collateral Agent, nor any nominee of Pledgeethe Collateral Agent, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to Pledgorthe Pledgors. Each Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity and of all other circumstances bearing upon the risk of non-payment of the LiabilitiesObligations, and Pledgee the Collateral Agent shall have no duty to advise any Pledgor of information known to Pledgee the Collateral Agent regarding such condition or any such circumstance. Pledgee The Collateral Agent shall have no duty to inquire into the powers of a Pledge Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 1 contract

Samples: Pledge Agreement (Helix TCS, Inc.)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares in the physical possession of Pledgee pursuant hereto, neither Pledgee, nor any Benefitted Party, or any nominee of Pledgeeany of them, shall have any no duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral Shares and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged CollateralShares), and shall be relieved of all responsibility for the Pledged Collateral Shares upon surrendering them to Pledgorthe Pledgors. Each Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity the Subsidiaries and of all other circumstances bearing upon the risk of non-payment of the Liabilities, and Pledgee shall have no duty to advise any Pledgor of information known to Pledgee regarding such condition or any such circumstance. Pledgee shall have no duty to inquire into the powers of a Pledge Entity any Subsidiary or its respective officers, directors, managers, members, partners directors or agents thereof acting or purporting to act on its their behalf.

Appears in 1 contract

Samples: Pledge Agreement (Choice One Communications Inc)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares in the physical possession of the Pledgee pursuant hereto, neither the Pledgee, nor any nominee of the Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to the Pledgor. The Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity Fan Pass, Inc. and of all other circumstances bearing upon the risk of non-payment of the LiabilitiesObligations, and the Pledgee shall have no duty to advise the Pledgor of information known to the Pledgee regarding such condition or any such circumstance. The Pledgee shall have no duty to inquire into the powers of a Pledge Entity Fan Pass, Inc. or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 1 contract

Samples: Pledge Agreement (Friendable, Inc.)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Merger Shares and Pledged Shares in the physical possession of Pledgee pursuant hereto, neither Pledgee, nor any nominee of Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to PledgorPledgors. Pledgor assumes Pledgors assume the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity and of all other circumstances bearing upon the risk of non-payment of the Indemnified Liabilities, and Pledgee shall have no duty to advise Pledgor Pledgors of information known to Pledgee regarding such condition or any such circumstance. Pledgee shall have no duty to inquire into the powers of a Pledge Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 1 contract

Samples: Pledge Agreement (Pyxis Tankers Inc.)

Possession of Collateral. Beyond the exercise of reasonable care to assure the safe custody of the Pledged Shares Interests in the physical possession of Pledgee pursuant hereto, neither Pledgee, nor any nominee of Pledgee, shall have any duty or liability to collect any sums due in respect thereof or to protect, preserve or exercise any rights pertaining thereto (including any duty to ascertain or take action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to the Pledged Collateral and any duty to take any necessary steps to preserve rights against any parties with respect to the Pledged Collateral), and shall be relieved of all responsibility for the Pledged Collateral upon surrendering them to any Pledgor. Pledgor assumes the responsibility for being and keeping itself informed of the financial condition of a Pledge Entity and of all other circumstances bearing upon the risk of non-payment of the LiabilitiesObligations, and Pledgee shall have no duty to advise any Pledgor of information known to Pledgee regarding such condition or any such circumstance. Pledgee shall have no duty to inquire into the powers of a Pledge Entity or its officers, directors, managers, members, partners or agents thereof acting or purporting to act on its behalf.

Appears in 1 contract

Samples: Pledge Agreement (Adma Biologics, Inc.)

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