Common use of The Collateral Trustee’s Duties Clause in Contracts

The Collateral Trustee’s Duties. (a) The powers conferred on the Collateral Trustee hereunder are solely to protect the holders of Parity Lien Obligations’ interest 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, the Collateral Trustee shall have 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 Collateral, whether or not any holder of Parity Lien Obligations has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps to preserve rights against any parties or any other rights pertaining to any Collateral. The Collateral Trustee 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 it accords its own property.

Appears in 6 contracts

Samples: Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC), Collateral Trust Agreement (EFIH Finance Inc.), Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC)

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The Collateral Trustee’s Duties. (a) The powers conferred on the Collateral Trustee hereunder are solely to protect its interest and the holders interests of Parity Lien Obligations’ interest the Secured Parties in the Collateral and shall not impose any duty upon it the Collateral Trustee or any other Secured Party 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, the Collateral Trustee shall have 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 CollateralPledged Shares, whether or not the Collateral Trustee or any holder of Parity Lien Obligations other 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 any parties or any other rights pertaining to any Collateral. The Collateral Trustee 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 it the Collateral Trustee accords its own property.

Appears in 3 contracts

Samples: Collateral Trust Agreement (MRC Global Inc.), Security Agreement (MRC Global Inc.), Term Loan Pledge Agreement (MRC Global Inc.)

The Collateral Trustee’s Duties. (a) The powers conferred on the Collateral Trustee Trustees hereunder are solely to protect the holders of Parity Lien Obligations’ Shared Secured Parties' interest in the Shared Collateral and shall not impose any duty upon it them to exercise any such powers. Except for the safe custody of any Shared Collateral in its their possession and the accounting for moneys actually received by it them hereunder, the Collateral Trustee Trustees shall have no duty as to any Shared Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Shared Collateral, whether or not any holder of Parity Lien Obligations Shared 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 any parties or any other rights pertaining to any Shared Collateral. The Collateral Trustee Trustees shall be deemed to have exercised reasonable care in the custody and preservation of any Shared Collateral in its their possession if such Shared Collateral is accorded treatment substantially equal to that which it accords its they accord their own property.

Appears in 1 contract

Samples: Shared Security Agreement (Dynegy Inc /Il/)

The Collateral Trustee’s Duties. (a) The powers conferred on the Collateral Trustee hereunder are solely to protect the holders of Parity Junior Lien Obligations’ interest 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, the Collateral Trustee shall have 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 Collateral, whether or not any holder of Parity Junior Lien Obligations has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps to preserve rights against any parties or any other rights pertaining to any Collateral. The Collateral Trustee 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 it accords its own property.

Appears in 1 contract

Samples: Junior Lien Pledge Agreement (Energy Future Holdings Corp /TX/)

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The Collateral Trustee’s Duties. (a) The powers conferred on the Collateral Trustee hereunder are solely to protect the holders of Parity Lien Obligations’ Secured Parties' interest in the Non-Shared Collateral and shall not impose any duty upon it them to exercise any such powers. Except for the safe custody of any Non-Shared Collateral in its possession and the accounting for moneys actually received by it them hereunder, the Collateral Trustee shall have no duty as to any Non-Shared Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Non-Shared Collateral, whether or not any holder of Parity Lien Obligations 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 any parties or any other rights pertaining to any Non-Shared Collateral. The Collateral Trustee shall be deemed to have exercised reasonable care in the custody and preservation of any Non-Shared Collateral in its possession if such Non-Shared Collateral is accorded treatment substantially equal to that which it accords its own property.

Appears in 1 contract

Samples: Non Shared Security Agreement (Dynegy Inc /Il/)

The Collateral Trustee’s Duties. (a) The powers conferred on the Collateral Trustee hereunder are solely to protect the holders of Parity Lien Obligations’ Representatives and the Secured Holders' interest 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 their possession and the accounting for moneys actually received by it them hereunder, the Collateral Trustee shall have 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 Collateral, whether or not any holder of Parity Lien Obligations Representative or Secured Holder has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps to preserve rights against any parties or any other rights pertaining to any Collateral. The Collateral Trustee shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its their possession if such Collateral is accorded treatment substantially equal to that which it accords its they accord their own property. The parties hereto acknowledge and agree that in acting under this Agreement the Collateral Trustee shall be entitled to all rights and benefits accorded to them under the Collateral Trust Agreement.

Appears in 1 contract

Samples: Security Agreement (Polyone Corp)

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