Common use of The Pledgee’s Duty of Care Clause in Contracts

The Pledgee’s Duty of Care. Other than the exercise of reasonable care to assure the safe custody of the Collateral while being held by the Pledgee hereunder, the Pledgee shall have no duty or liability to preserve rights pertaining thereto, it being understood and agreed that the Pledgor shall be responsible for preservation of all rights in the Collateral, and the Pledgee shall be relieved of all responsibility for the Collateral upon surrendering it or tendering the surrender of it to the Pledgor. The Pledgee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if such Collateral is accorded treatment substantially equal to that which the Pledgee accords its own property, which shall be no less than the treatment employed by a reasonable and prudent Person in the industry, it being understood that the Pledgee shall not have responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to any Collateral, whether or not the Pledgee have or is deemed to have knowledge of such matters; or (ii) taking any necessary steps to preserve rights against any parties with respect to any Collateral.

Appears in 3 contracts

Samples: Company Pledge and Security Agreement (Umami Sustainable Seafood Inc.), Company Pledge and Security Agreement (Lapis Technologies Inc), Company Pledge and Security Agreement (Umami Sustainable Seafood Inc.)

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The Pledgee’s Duty of Care. Other than the exercise of reasonable care to assure the safe custody of the Collateral while being held by the Pledgee Security Escrow Agent or the Pledgees hereunder, the Pledgee Pledgees and the Security Escrow Agent shall have no duty or liability to preserve rights pertaining thereto, it being understood and agreed that the Pledgor Pledgors shall be responsible for preservation of all rights in the Collateral, and the Pledgee Pledgees shall be relieved of all responsibility for the Collateral upon surrendering it or tendering the surrender of it to the PledgorPledgors. The Pledgee Pledgees and the Security Escrow Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if such Collateral is accorded treatment substantially equal to that which the Pledgee accords its Pledgees accord their own property, which shall be no less than the treatment employed by a reasonable and prudent Person in the industry, it being understood that the Pledgee Pledgees shall not have responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to any Collateral, whether or not the Pledgee Pledgees have or is are deemed to have knowledge of such matters; or (ii) taking any necessary steps to preserve rights against any parties with respect to any Collateral.

Appears in 1 contract

Samples: Stockholder Pledge and Security Agreement (ONE Bio, Corp.)

The Pledgee’s Duty of Care. Other than the exercise of reasonable care to assure the safe custody of the Collateral while being held by the Pledgee Pledgees hereunder, the Pledgee Pledgees shall have no duty or liability to preserve rights pertaining thereto, it being understood and agreed that the Pledgor shall be responsible for preservation of all rights in the Collateral, and the Pledgee Pledgees shall be relieved of all responsibility for the Collateral upon surrendering it or tendering the surrender of it to the Pledgor. The Pledgee Pledgees shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if such Collateral is accorded treatment substantially equal to that which the Pledgee Pledgees accords its their own property, which shall be no less than the treatment employed by a reasonable and prudent Person in the industry, it being understood that the Pledgee Pledgees shall not have responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to any Collateral, whether or not the Pledgee Pledgees have or is deemed to have knowledge of such matters; or (ii) taking any necessary steps to preserve rights against any parties with respect to any Collateral.

Appears in 1 contract

Samples: Note Purchase Agreement (Umami Sustainable Seafood Inc.)

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The Pledgee’s Duty of Care. Other than the exercise of reasonable care to assure the safe custody of the Collateral while being held by the Pledgee hereunder, the Pledgee shall have no duty or liability to preserve rights pertaining thereto, it being understood and agreed that the Pledgor shall be responsible for preservation of all rights in the Collateral, and the Pledgee shall be relieved of all responsibility for the Collateral upon surrendering it or tendering the surrender of it to the Pledgor. The Pledgee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral in its possession if such Collateral is accorded treatment substantially equal to that which the Pledgee accords its own property, which shall be no less than the treatment employed by a reasonable and prudent Person in the industry, it being understood that the Pledgee shall not have responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to any Collateral, whether or not the Pledgee have has or is deemed to have knowledge of such matters; or (ii) taking any necessary steps to preserve rights against any parties with respect to any Collateral.

Appears in 1 contract

Samples: Equity Pledge Agreement (PetroAlgae Inc.)

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