Common use of The Agent's Duties Clause in Contracts

The Agent's Duties. The powers conferred on the Agent hereunder are solely to protect the interests of the Secured Parties in the Collateral and shall not impose any duty upon it to exercise any such powers. Except for the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, neither the Agent nor any Secured Party shall have any duty as to any Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Security Collateral, whether or not the Agent or any Secured Party has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral. The Agent and each Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which the Agent and each Secured Party, as applicable, accord its own property.

Appears in 3 contracts

Samples: Security and Pledge Agreement (Nextera Enterprises Inc), Security and Pledge Agreement (Nextera Enterprises Inc), Security and Pledge Agreement (Nextera Enterprises Inc)

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The Agent's Duties. The powers conferred on the Agent hereunder are solely to protect the interests of the Secured Parties in the Collateral and shall not impose any duty upon it to exercise any such powers. Except for the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, neither the Agent nor any Secured Party shall have any duty as to any Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Security Collateral, whether or not the Agent or any Secured Party has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral. The Agent and each Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded ac- corded treatment substantially equal to that which the Agent and each Secured Party, as applicable, accord its own property.

Appears in 2 contracts

Samples: Security and Pledge Agreement (Nextera Enterprises Inc), Security and Pledge Agreement (Nextera Enterprises Inc)

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The Agent's Duties. The powers conferred on the Administrative Agent hereunder are solely to protect the interests of the Secured Parties its interest in the Collateral and shall not impose any duty upon it to exercise any such powers. Except for the exercise of reasonable care in the safe custody and preservation of any Collateral in its possession and the accounting for moneys actually received by it hereunder, neither the Administrative Agent nor any Secured Party shall have any no duty as to any Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Security Collateral, whether or not the Agent Agent, any Lender Party or any Secured Party Hedge Bank has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps to preserve rights against prior any parties or any other rights pertaining to any Collateral. The Administrative Agent and each Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which the Agent and each Secured Party, as applicable, accord BNP accords its own propertyproperty of like tenor.

Appears in 1 contract

Samples: Security Agreement (Fitness Holdings Inc)

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