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 Secured Parties’ 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 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 accords its own property.

Appears in 4 contracts

Samples: Security Agreement (Sandridge Energy Inc), Second Lien Security Agreement (Terremark Worldwide Inc.), Security Agreement (Terremark Worldwide Inc.)

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The Collateral Trustee’s Duties. (a) The powers conferred on the Collateral Trustee Trustees hereunder are solely to protect the Secured Parties’ interest in the Collateral and shall not impose any duty upon it them 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 Trustees 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 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 Trustees 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.

Appears in 2 contracts

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

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The Collateral Trustee’s Duties. (a) The powers conferred on the Collateral Trustee hereunder are solely to protect the Secured Parties’ 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 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 accords its own propertyproperty of similar nature.

Appears in 1 contract

Samples: Security Agreement (Solo Cup CO)

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