Common use of The Secured Party’s Duties Clause in Contracts

The Secured Party’s Duties. The powers conferred on the Secured Party hereunder are solely to protect the Lenders' interest in the Collateral and shall not impose any duty upon them to exercise any such powers. Except for the safe custody of any Collateral in their possession and the accounting for moneys actually received by them hereunder, the Secured Party shall have no duty as to any Collateral, as to ascertaining or taking action with respect to any Collateral, whether or not the Secured Party have or are 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 Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in their possession if such Collateral is accorded treatment substantially equal to that which it accords its own property.

Appears in 3 contracts

Samples: Security Agreement (Lightspace Corp), Security Agreement (Lightspace Corp), Security Agreement (Lightspace Corp)

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The Secured Party’s Duties. The powers conferred on the Secured Party hereunder are solely to protect the Lenders' its interest in the Collateral and shall not impose any duty upon them it to exercise any such powers. Except for the safe custody of any Collateral in their its possession and the accounting for moneys actually received by them it hereunder, the Secured Party shall have no duty as to any Collateral, as to ascertaining or taking action with respect to any Collateral, whether or not the Secured Party have or are deemed to have knowledge of such matters, Collateral 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 Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in their its possession if such Collateral is accorded treatment substantially equal to that which it the Secured Party accords its own property.

Appears in 2 contracts

Samples: Reimbursement and Security Agreement (Southwall Technologies Inc /De/), Reimbursement and Security Agreement (Southwall Technologies Inc /De/)

The Secured Party’s Duties. The powers conferred on the -------------------------- Secured Party hereunder are solely to protect the Lenders' its interest in the Collateral and shall not impose any duty upon them it or any other Party to exercise any such powers. Except In regard to any Debtor, except for reasonable care in the safe custody of any Collateral in their its possession and the accounting for moneys actually received by them it hereunder, neither the Secured Party nor any other party shall have no any duty as to any Collateral, as to ascertaining or taking action with respect to any Collateral, whether or not the Secured Party have or are deemed to have knowledge of such matters, 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 their its possession if such Collateral is accorded treatment substantially equal to that which it the Secured Party accords its own property.

Appears in 1 contract

Samples: Credit Agreement (Encompass Services Corp)

The Secured Party’s Duties. The powers conferred on the Secured Party hereunder are solely to protect the LendersHolders' interest in the Collateral and shall not impose any duty upon them the Secured Party to exercise any such powers. Except for the safe custody of any Collateral in their his possession and the accounting for moneys actually received by them him hereunder, the Secured Party shall have no duty as to any Collateral, as to ascertaining or taking action with respect to any Collateral, whether or not the Secured Party have has or are 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 Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in their possession if such Collateral is accorded treatment substantially equal to that which it accords its own property.

Appears in 1 contract

Samples: Security Agreement (Tegal Corp /De/)

The Secured Party’s Duties. The powers conferred on the Secured Party hereunder are solely to protect the Lenders' its interest in the Collateral and shall not impose any duty upon them it to exercise any such powers. Except for The Secured Party shall be deemed to have exercised reasonable care in the safe custody safekeeping of any Collateral in their its possession if such Collateral is accorded treatment substantially equal to the safekeeping which the Secured Party accords its own property of like kind. Except for the safekeeping of any Collateral in its possession and the accounting for moneys monies and for other properties actually received by them it hereunder, the Secured Party shall have no duty 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 the Secured Party have has or are is deemed to have knowledge of such matters, or as to the taking of any necessary steps to preserve rights against prior parties any Persons 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 their possession if such Collateral is accorded treatment substantially equal to that which it accords its own property.

Appears in 1 contract

Samples: Security Agreement (Vie Financial Group Inc)

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The Secured Party’s Duties. The powers conferred on the Secured Party hereunder are solely to protect the Lenders' Investor’s interest in the Collateral and shall not impose any duty upon them it to exercise any such powers. Except for the safe custody of any Collateral in their possession and the accounting for moneys actually received by them hereunder, the Secured Party party shall have no duty as to any Collateral, as to ascertaining or taking action with respect to any Collateral, whether or not the Secured Party have or are 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 Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in their possession if such Collateral is accorded treatment substantially equal to that which it accords its own property.

Appears in 1 contract

Samples: Security Agreement (Neonode, Inc)

The Secured Party’s Duties. The powers conferred on the Secured Party hereunder are solely to protect the Lenders' its interest in the Collateral and shall not impose any duty upon them it to exercise any such powers. Except for the safe custody of any Collateral in their its possession and the accounting for moneys actually received by them it hereunder, the Secured Party shall have no duty as to any Collateral, as to ascertaining or taking action with respect to any Collateral, whether or not the Secured Party have has or are 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 Secured Party shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in their its possession if such Collateral is accorded treatment substantially equal to that which it Secured Party accords its own property.

Appears in 1 contract

Samples: Loan Agreement (Hospital Staffing Services Inc)

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