Secured Party's Duties. The powers conferred on Secured Party hereunder are solely to protect Secured Party’s interest in the Collateral, and shall not impose any duty upon Secured Party to exercise any such powers. Except for the safe custody of any Collateral in its actual possession and the accounting for moneys actually received by it hereunder, Secured Party shall have no duty as to any Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral. Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its actual possession if such Collateral is accorded treatment substantially equal to that which Secured Party accords its own property.
Appears in 10 contracts
Samples: Security Agreement (Implant Sciences Corp), Security Agreement (Pedevco Corp), Guaranty and Security Agreement (Dgse Companies Inc)
Secured Party's Duties. The powers conferred on Secured Party hereunder are solely to protect Secured Party’s 's interest in the Collateral, for the benefit of itself, as Lender, and the Bank Product Providers, and shall not impose any duty upon Secured Party to exercise any such powers. Except for the safe custody of any Collateral in its actual possession and the accounting for moneys actually received by it hereunder, Secured Party shall have no duty as to any Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral. Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its actual possession if such Collateral is accorded treatment substantially equal to that which Secured Party accords its own property.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Emmis Communications Corp), Guaranty and Security Agreement (Northwest Pipe Co)
Secured Party's Duties. The powers conferred on the Secured Party hereunder under this Security Agreement are solely to protect Secured Party’s its interest in the Collateral, Collateral and shall not impose any duty upon Secured Party it to exercise any such powers. Except for the safe custody reasonable care of any Collateral in its actual possession and the accounting for moneys monies or other property actually received by it hereunder, the Secured Party shall have no duty as to any Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral. The Secured Party shall be deemed to have exercised reasonable care in as to the custody and preservation of any the Collateral in its actual possession if such the Collateral is accorded treatment substantially equal to that which the Secured Party accords its own property, provided that the Secured Party shall have no responsibility for taking any necessary steps to preserve rights against any parties with respect to any Pledged Collateral.
Appears in 2 contracts
Samples: Credit Agreement (Global Industries LTD), Credit Agreement (Global Industries LTD)
Secured Party's Duties. The powers conferred on Secured Party hereunder are solely to protect Secured Party’s 's interest in the Collateral, Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Except for the safe custody of any Collateral in its actual possession and the accounting for moneys actually received by it hereunder, Secured Party shall have no duty as to any Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral. Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its actual possession if such Collateral is accorded treatment substantially equal to that which Secured Party accords its own property.
Appears in 1 contract
Samples: Security Agreement (S&W Seed Co)
Secured Party's Duties. The powers conferred on the Secured Party hereunder are solely to protect the Secured Party’s interest in the Collateral, and shall not impose any duty upon the Secured Party to exercise any such powers. Except for the safe custody of any Collateral in its actual possession and the accounting for moneys actually received by it hereunder, the Secured Party shall have no duty as to any Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its actual possession if such Collateral is accorded treatment substantially equal to that which the Secured Party accords its own property.
Appears in 1 contract
Samples: Security Agreement (American Standard Energy Corp.)
Secured Party's Duties. The powers conferred on the Secured Party hereunder are solely to protect the Secured Party’s interest in the Collateral, Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. Except for the safe custody of any Collateral in its actual possession and the accounting for moneys actually received by it hereunder, the Secured Party shall have no duty as to any Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its actual possession if such Collateral is accorded treatment substantially equal to that which the Secured Party accords its own property.
Appears in 1 contract
Samples: Security and Pledge Agreement (Gelesis Holdings, Inc.)
Secured Party's Duties. The powers conferred on the Secured Party hereunder are solely to protect Secured Party’s its interest in the Collateral, Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. Except for the safe custody of any Collateral in its actual possession and the accounting for moneys actually received by it hereunder, The Secured Party shall have no duty as to any Collateral of the Collateral, or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any of the Collateral. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in which may come into its actual possession if any such of the Collateral is accorded treatment substantially equal to that which the Secured Party accords its own property.
Appears in 1 contract
Samples: Loan Agreement (Chapeau Inc)
Secured Party's Duties. The powers conferred on Secured Party hereunder are solely to protect Secured Party’s interest in the Collateral, and Collateral shall not impose any duty upon Secured Party to exercise any such powers. Except for the safe custody of any Collateral in its actual possession and the accounting for moneys actually received by it hereunder, Secured Party shall have no duty as to any Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral. Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its actual possession if such Collateral is accorded treatment substantially equal to that which Secured Party accords its own property.
Appears in 1 contract
Samples: Subordinated Security Agreement (Russ Berrie & Co Inc)
Secured Party's Duties. The powers conferred on the Secured ---------------------- Party hereunder are solely to protect Secured Party’s its interest in the Collateral, Collateral and shall not impose any duty upon Secured Party it to exercise any such powers. Except for the safe custody of any Collateral in its actual possession and the accounting for moneys actually received by it hereunder, the Secured Party shall have no duty as to any Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its actual possession if such Collateral is accorded treatment substantially equal to that which the Secured Party accords its own property.
Appears in 1 contract
Samples: Security Agreement (Intercell Corp)
Secured Party's Duties. The powers conferred on Secured the ---------------------- Security Party hereunder are solely to protect the interest of Secured Party’s interest Party in the Collateral, Collateral and shall not impose any duty upon Secured Party it to exercise any such powers. Except for the safe custody of and preservation or any Collateral in its actual possession or control and the accounting for moneys actually received by it hereunder, the Secured Party shall have no duty as to any Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral. The Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its actual possession if such Collateral is accorded treatment substantially equal to that which Secured Party it reasonably accords its own property.
Appears in 1 contract
Samples: Pledge and Security Agreement (General Kinetics Inc)