Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Secured Party accords its own Property.
Appears in 12 contracts
Samples: Credit Agreement (Holly Energy Partners Lp), Credit Agreement (Isramco Inc), Security Agreement (Holly Energy Partners Lp)
Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral Pledged Shares in its possession if the Collateral is Pledged Shares are accorded treatment substantially equal equivalent to that which the Secured Party Party, in its individual capacity, accords its own Property.property consisting of similar instruments or interests, it being understood that the Secured Party shall not have responsibility for:
Appears in 3 contracts
Samples: Stock Pledge and Security Agreement (Smartfinancial Inc.), Stock Pledge and Security Agreement (Smartfinancial Inc.), Stock Pledge and Security Agreement (Smartfinancial Inc.)
Reasonable Care. The Secured Party is required to exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided that the Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral Collateral, if it takes such action for that purpose as any Grantor reasonably requests in its possession if writing at times other than upon the Collateral is accorded treatment substantially equal to that which occurrence and during the continuance of any Event of Default, but failure of the Secured Party 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: Pledge and Security Agreement (Vbi Vaccines Inc.), Pledge and Security Agreement (Alliqua BioMedical, Inc.), Patent Security Agreement (Paulson Capital (Delaware) Corp.)
Reasonable Care. The Secured Party is required to exercise reasonable care in the custody and preservation of any of the Collateral in their possession; provided, however, Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral Collateral, if they take such action for that purpose as the Grantor reasonably requests in its possession if writing at times other than upon the Collateral is accorded treatment substantially equal to that which occurrence and during the continuance of any Event of Default, but failure of Secured Party 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, Security Agreement (Biodelivery Sciences International Inc)
Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Secured Party accords its own Property, it being understood that Secured Party shall have no responsibility for taking any necessary steps to preserve rights against any parties with respect to any Collateral.
Appears in 2 contracts
Samples: Subordinated Credit Agreement (Brigham Exploration Co), Credit Agreement (Brigham Exploration Co)
Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the any Collateral in its possession if it takes such action for that purpose as the Collateral is accorded treatment substantially equal to that which Debtors may request in writing, but failure of the Secured Party accords its own Propertyto comply with any such request shall not of itself be deemed a failure to exercise reasonable care.
Appears in 2 contracts
Samples: Security Agreement (Palweb Corp), Security Agreement (Palweb Corp)
Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if the Collateral is accorded treatment substantially equal it takes such action for that purpose as Shareholder requests in writing with respect to that which the its Collateral, but failure of Secured Party accords its own Propertyto comply with any such request shall not in itself be deemed a failure to exercise reasonable care, and no failure by Secured Party to do any act with respect to the preservation of any Collateral not so requested by Shareholder shall be deemed a failure to exercise reasonable care in the custody and preservation of such Collateral.
Appears in 2 contracts
Samples: Pledge Agreement (Total Identity Corp), Pledge Agreement (Total Identity Corp)
Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Secured Party accords its own Property.
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Reasonable Care. The Secured Party is required to exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided, however, that the Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral Collateral, if it takes such action for that purpose as the Grantor reasonably requests in its possession if writing at times other than upon the Collateral is accorded treatment substantially equal to that which occurrence and during the continuance of any Event of Default but failure of the Secured Party 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 and Security Agreement (Airtran Holdings Inc)
Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation retention of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Secured Party accords its own Propertyproperty, it being understood that the Secured Party shall not have responsibility for taking any necessary steps to preserve rights against any parties with respect to any Collateral.
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Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the such Collateral is accorded treatment substantially equal to that which the Secured Party accords its own Property.property
Appears in 1 contract
Samples: Pledge and Security Agreement (E Sync Networks Inc)
Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the such Collateral is accorded treatment substantially equal equivalent to that which the Secured Party Party, in its individual capacity, accords its own Propertyproperty, it being understood that Secured Party shall not have responsibility for taking any necessary steps to preserve rights against any Person with respect to any Collateral.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (Mandalay Media, Inc.)
Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the Pledged Collateral is accorded treatment substantially equal to that which the Secured Party such party(ies) in possession accords its its/their own Propertyproperty.
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Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the Pledged Collateral in its possession if the such Pledged Collateral is accorded treatment substantially equal equivalent to that which the Secured Party Party, in its individual capacity, accords its own Propertyproperty, it being understood that Secured Party shall not have responsibility for taking any necessary steps to preserve rights against any Person with respect to any Pledged Collateral.
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Reasonable Care. The Secured Party shall have no duty with respect to the care and preservation of the Collateral beyond the exercise of reasonable care, and as further described below. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Secured Party accords its own Propertyproperty.
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Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal to that which the Secured Party accords its own Property.any Pledged
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Reasonable Care. The Secured Party shall have an obligation to exercise reasonable care with respect to Collateral in its possession; provided, however, that the Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if the Collateral is accorded treatment substantially equal comparable to that which the Secured Party accords its own Propertyproperty or treatment substantially in accordance with actions requested by Pledgor in writing (although the Secured Party shall not be obligated to comply with any such requests and no failure to do so shall be deemed to be a failure to exercise reasonable care).
Appears in 1 contract
Samples: Pledge and Security Agreement (Worldport Communications Inc)
Reasonable Care. The Secured Party is required to exercise reasonable care in the custody and preservation of any of the Collateral in its possession; provided that Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral Collateral, if it takes such action for that purpose as Grantor reasonably requests in its possession if writing at times other than upon the Collateral is accorded treatment substantially equal to that which occurrence and during the continuance of any Event of Default, but failure of Secured Party 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 (Ada-Es Inc)
Reasonable Care. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral Collateral, if it takes such action for that purpose as Debtor reasonably requests in its possession if writing at times other than upon the Collateral is accorded treatment substantially equal to that which occurrence and during the continuance of any Event of Default, but failure of Secured Party accords its own Propertyto comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.
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