Common use of Reasonable Care Clause in Contracts

Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the Collateral Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property.

Appears in 27 contracts

Samples: Security Agreement (Bumble Inc.), Security Agreement, Security Agreement

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Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral if it takes such action for that purposes as any owner thereof reasonably requests in its possession; providedwriting at times other than upon the occurrence and during the continuance of any Event of Default, that but failure of the Collateral Agent Agent, to comply with any such request at any time shall not in itself be deemed a failure to have used exercise reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own propertycare.

Appears in 27 contracts

Samples: Security Agreement (Boomj Inc), Security Agreement (IDO Security Inc.), Security Agreement (Securac Corp)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, provided that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property.

Appears in 19 contracts

Samples: Credit Agreement, Credit Agreement (Ugi Corp /Pa/), Credit Agreement (OUTFRONT Media Inc.)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as the Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 17 contracts

Samples: Subsidiary Security Agreement (Foamex International Inc), Security Agreement (Foamex International Inc), Subsidiary Security Agreement (Pci Carolina Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as the Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 11 contracts

Samples: Pledge Agreement (Foamex Fibers Inc), Pledge Agreement (Foamex Capital Corp), Pledge Agreement (Foamex Fibers Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as any Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 10 contracts

Samples: Security Agreement (Edgen Louisiana CORP), Pledge and Security Agreement (New World Restaurant Group Inc), Pledge and Security Agreement (American Rock Salt Co LLC)

Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the Collateral Agent shall be deemed to have used reasonable care in the custody and preservation of any of the CollateralCollateral or Mortgaged Property, if such Collateral or Mortgaged Property is accorded treatment substantially similar to that which the Collateral Agent accords its own property.

Appears in 10 contracts

Samples: Security Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.), Security Agreement

Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Pledged Collateral in its possession; provided, that the Collateral Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Pledged Collateral, if such Pledged Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property.

Appears in 6 contracts

Samples: Credit Agreement (SeaWorld Entertainment, Inc.), Pledge Agreement, Credit Agreement (Vivint Solar, Inc.)

Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Collateral in its possession; provided, provided that the Collateral Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property.

Appears in 5 contracts

Samples: Indenture (Option Care Health, Inc.), Security Agreement (Avantor, Inc.), Credit Agreement (ESH Hospitality, Inc.)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the Collateral Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Ideal Power Inc.), Security Agreement (Ideal Power Inc.), Security Agreement (Ideal Power Inc.)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as any owner thereof reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyAgent, to comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 5 contracts

Samples: Security Agreement (NovaRay Medical, Inc.), Security Agreement (Juma Technology Corp.), Security Agreement (Interpharm Holdings Inc)

Reasonable Care. The Collateral Agent is required to use reasonable care in the custody and preservation of any of the Pledged Collateral in its possession; provided, provided that the Collateral Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Pledged Collateral, if such Pledged Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property.

Appears in 4 contracts

Samples: Credit Agreement (Springleaf Finance Corp), Credit Agreement (Springleaf Finance Inc), Credit Agreement (American General Finance Inc)

Reasonable Care. The Collateral Agent is required shall be deemed to use have exercised reasonable care in the custody and preservation of any of the Pledged Collateral in its possession; provided, that the Collateral Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, possession if such Pledged Collateral is accorded treatment substantially similar equivalent to that which the Collateral Agent Agent, in its individual capacity, accords its own property, it being understood that Collateral Agent shall not have responsibility for taking any necessary steps to preserve rights against any Person with respect to any Pledged Collateral.

Appears in 4 contracts

Samples: Credit Agreement (Carson Inc), Credit Agreement (Carson Inc), General Security Agreement (Wells Aluminum Corp)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that the however, Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 4 contracts

Samples: Credit Facility Agreement (Pioneer Natural Resources Co), Credit Facility Agreement (Pioneer Natural Resources Co), Credit Facility Agreement (Pioneer Natural Resources Co)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, provided that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as each Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Specified Default, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 3 contracts

Samples: Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, Collateral if such Collateral is accorded treatment substantially similar equal to that which the Collateral Agent accords its own propertyproperty and, if applicable, if it takes such action for that purpose as a Pledgor requests in writing, but failure of the Collateral Agent to comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 3 contracts

Samples: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.)

Reasonable Care. The Collateral Agent is required shall be deemed to use have exercised reasonable care in the custody and preservation of any of the Pledged Collateral in its possession; provided, that the Collateral Agent shall be deemed to have used reasonable care in the custody and preservation of any of the Collateral, possession if such Pledged Collateral is accorded treatment substantially similar equivalent to that which the Collateral Agent Agent, in its individual capacity, accords its own property, it being understood that neither Collateral Agent nor any of the Secured Parties shall have responsibility for taking any necessary steps to preserve rights against any Person with respect to any Pledged Collateral.

Appears in 2 contracts

Samples: Credit Agreement (Carson Inc), Credit Agreement (Carson Inc)

Reasonable Care. The Collateral Agent is required to use --------------- exercise reasonable care in the custody and preservation of any of the Collateral in its possession; , provided, that however, the Collateral Agent shall be -------- ------- deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar action for that purpose as Pledgor reasonably requests in writing from time to that which time, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Unwired Telecom Corp), Indenture (Unwired Telecom Corp)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral or Mortgaged Property in its possession; provided, provided that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral or Mortgaged Property, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 2 contracts

Samples: First Lien Notes Pledge and Security Agreement (Reddy Ice Holdings Inc), Second Lien Notes Pledge and Security Agreement (Reddy Ice Holdings Inc)

Reasonable Care. The Collateral Agent is required agrees to use reasonable care in the custody and preservation of any of the Collateral in its possessionpossession in accordance with Section 9-207 of the U.C.C.; provided, that (a) the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, Collateral in its possession if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property, and (b) it is understood that the Collateral Agent shall have no responsibility for taking any necessary steps to preserve rights against prior parties with respect to the Collateral.

Appears in 2 contracts

Samples: Pledge Agreement (Sterling Chemicals Inc), Security Agreement (Sterling Chemicals Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as any Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 2 contracts

Samples: Security Agreement (Atlantic Express Transportation Corp), Security Agreement (Block 7932 Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as the Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 2 contracts

Samples: Pledge Agreement (National Energy Group Inc), Pledge Agreement (National Energy Group Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as the Grantor reasonably requests in writing at times other than upon the occurrence and during the continuation of any Event of Default, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Credit Agreement (U.S. Shipping Partners L.P.)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Pledged Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralPledged Collateral if it takes such action for that purpose as a Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Pledge Agreement (Quicksilver Resources Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral if it takes such action for that purposes as any owner thereof reasonably requests in its possession; providedwriting at times other than upon the occurrence and during the continuance of any Event of Default, that but failure of the Collateral Agent Agent, to comply with any such request at any time shall not in itself be deemed a failure to have used exercise reasonable care in the custody and preservation of any of the Collateralcare. 12/2/2008, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property.2:20 PM 12/2/2008, 2:20 PM

Appears in 1 contract

Samples: Security Agreement (Wizzard Software Corp /Co)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral Pledged Assets in its possession; provided, provided that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralPledged Assets, if such Collateral Pledged Assets is accorded treatment substantially similar to that which the Collateral Agent accords its own property.

Appears in 1 contract

Samples: Pledge Agreement (Axcan Intermediate Holdings Inc.)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as the Grantor reasonably requests in writing at times other than upon the occurrence and during the continuation of any Event of Default, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Security Agreement (National Energy Group Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as the Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be used as a factor in determining whether the Collateral Agent has exercised reasonable care.

Appears in 1 contract

Samples: Pledge Agreement (Symantec Corp)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral if it takes such action for that purpose as any owner thereof reasonably requests in its possession; providedwriting at times other than upon the occurrence and during the continuance of any Event of Default, that and after any applicable cure period, but failure of the Collateral Agent to comply with any such request at any time shall not in itself be deemed a failure to have used exercise reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property.care. (Security Agreement)

Appears in 1 contract

Samples: Security Agreement (International Power Group, Ltd.)

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Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as the Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Security Event of Default, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Credit Agreement (Genlyte Group Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as the Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuation of any Default or Event of Default, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Credit Agreement (U.S. Shipping Partners L.P.)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as any Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Lender Consent Letter (Merrill Corp)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral if it takes such action for that purposes as any owner thereof reasonably requests in its possession; providedwriting at times other than upon the occurrence and during the continuance of any Event of Default and after the applicable cure period, that if any, but failure of the Collateral Agent to comply with any such request at any time shall not in itself be deemed a failure to have used exercise reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own propertycare.

Appears in 1 contract

Samples: Security Agreement (China Cablecom Holdings, Ltd.)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as the Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuation of any Trigger Event, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Credit Agreement (Atlantic Power Corp)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as the Grantor reasonably requests in writing at times other than upon the occurrence and during the continuation of any Trigger Event, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Credit Agreement (Atlantic Power Corp)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Pledged Collateral in its possession; provided, that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Pledged Collateral, if such Pledged Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bristow Group Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as any Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Specified Event, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Security Agreement (Eschelon Telecom Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, provided that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property. SECTION 5.18.

Appears in 1 contract

Samples: Credit Agreement (Activision Blizzard, Inc.)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as any Owner thereof reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyAgent, to comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Security Agreement (Atlantic Express Transportation Corp)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, provided that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own property.. 29

Appears in 1 contract

Samples: Credit Agreement (Communications Sales & Leasing, Inc.)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, PROVIDED that the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as the Borrower reasonably requests in writing at times other than upon the occurrence and during the continuance of any Specified Event, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Pledge, Security and Intercreditor Agreement (Roadway Corp)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar to action for that which purpose as the respective Pledgor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Boston Chicken Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; providedPROVIDED, that HOWEVER, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, Collateral in its possession if such Collateral is accorded treatment substantially similar equal to that which the Collateral Agent accords its own property.

Appears in 1 contract

Samples: Pledge Agreement (Worthington Industries Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; , provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the Collateral, if it takes such Collateral is accorded treatment substantially similar action for that purpose as the relevant Pledgor reasonably requests in writing from time to that which time, but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Stock Pledge and Security Agreement (Sterling Chemical Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, that however, the Collateral Agent shall be deemed to have used exercised reasonable care in the custody and preservation of any of the CollateralCollateral if it takes such action for that purpose as the Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Security Event of Default, if such Collateral is accorded treatment substantially similar to that which but failure of the Collateral Agent accords its own propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.

Appears in 1 contract

Samples: Credit Agreement (Genlyte Group Inc)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any Collateral in its possession; provided, however, that the Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral if it takes such action for that purpose as any owner thereof reasonably requests in its possession; providedwriting at times other than upon the occurrence and during the continuance of any Event of Default, that and after any applicable cure period, but failure of the Collateral Agent to comply with any such request at any time shall not in itself be deemed a failure to have used exercise reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own propertycare.

Appears in 1 contract

Samples: Security Agreement (Rim Semiconductor CO)

Reasonable Care. The Collateral Agent is required to use exercise reasonable care in the custody and preservation of any Collateral in its possession; provided, however, that Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral if it takes such action for that purposes as any owner thereof reasonably requests in its possession; providedwriting at times other than upon the occurrence and during the continuance of any Event of Default, that the but failure of Collateral Agent Agent, to comply with any such request at any time shall not in itself be deemed a failure to have used exercise reasonable care in the custody and preservation of any of the Collateral, if such Collateral is accorded treatment substantially similar to that which the Collateral Agent accords its own propertycare.

Appears in 1 contract

Samples: Security Agreement (Code Green Apparel Corp)

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