Custody and Preservation of Collateral. Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as any Borrower shall request in writing, but failure by Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by Agent to preserve or protect any right with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 3 contracts
Sources: Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp)
Custody and Preservation of Collateral. The Agent shall be deemed to -------------------------------------- have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as any Borrower shall request the Company requests in writing, but failure by of the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by of the Agent to preserve or protect any right rights with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers an Assignor, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 2 contracts
Sources: Security Agreement (Impac Group Inc /De/), Security Agreement (Impac Group Inc /De/)
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as any Borrower the Borrowers shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers a Borrower, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 2 contracts
Sources: Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Subordinated Term Loan and Security Agreement (Summit Healthcare REIT, Inc)
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as any the Borrower shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers a Borrower, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Sources: Loan and Security Agreement (Phoenix Footwear Group Inc)
Custody and Preservation of Collateral. Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as any Borrower shall request in writing, but failure by Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by Agent to preserve or protect any right with respect to such 100 Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers Borrower shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Custody and Preservation of Collateral. Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as any Borrower Representative shall request in writing, but failure by Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by Agent to preserve or protect any right with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers Borrower Representative shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Sources: Credit Agreement (Multiband Corp)
Custody and Preservation of Collateral. Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as any Borrower Debtor shall request in writing, but failure by Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by Agent to preserve or protect any right with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers Debtor, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as any the Borrower shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers Borrower, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Sources: Mezzanine Term Loan and Security Agreement (Summit Healthcare REIT, Inc)
Custody and Preservation of Collateral. Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its 63 70 possession if it takes such action for that purpose as any Borrower Obligor shall request in writing, but failure by Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by Agent to preserve or protect any right with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers any Obligor shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Sources: Loan and Security Agreement (Action Performance Companies Inc)
Custody and Preservation of Collateral. The Agent shall be deemed to -------------------------------------- have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as any Borrower shall request the Company requests in writing, but failure by of the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by of the Agent to preserve or protect any right rights with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers Company, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised use reasonable care in the custody and preservation of any of the Collateral in its possession from time to time. The Agent shall be deemed to have so exercised reasonable care if it takes such action for that purpose as any Borrower shall request the applicable Debtor requests in writing, but failure by of the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by of the Agent to preserve or protect any right rights with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers such Debtor, in each case shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Sources: Credit Agreement (Oshkosh Corp)
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as any Borrower shall request the applicable Debtor requests in writing, but failure by of the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by of the Agent to preserve or protect any right rights with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers such Debtor, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Sources: Credit Agreement (Oshkosh Corp)
Custody and Preservation of Collateral. Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as any Borrower shall request in writing, but failure by Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by Agent to preserve or protect any right with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrowers Borrower shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract