Disclaimer of Certain Duties. (a) The powers conferred upon the Collateral Agent by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon the Collateral Agent or any Secured Party to exercise any such powers. Debtor hereby agrees that the Collateral Agent shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, the Collateral Agent's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral. (b) The Collateral Agent shall be under no duty whatsoever to make or give any presentment, notice of dishonor, protest, demand for performance, notice of non-performance, notice of intent to accelerate, notice of acceleration, or other notice or demand in connection with any Collateral or the Obligations, or to take any steps necessary to preserve any rights against any Obligor or other Person. Debtor waives any right of marshalling in respect of any and all Collateral, and waives any right to require the Collateral Agent or any Secured Party to proceed against any Obligor or other Person, exhaust any Collateral or enforce any other remedy which the Collateral Agent or any Secured Party now has or may hereafter have against any Obligor or other Person.
Appears in 2 contracts
Sources: Security Agreement (Panda Interfunding Corp), Security Agreement (Panda Interfunding Corp)
Disclaimer of Certain Duties. (a) The powers conferred upon the Collateral Agent by this Agreement are to protect its the Collateral Agent's interest in the Collateral and shall not impose any duty upon the Collateral Agent or any Secured Party to exercise any such powers. Debtor Each Obligor hereby agrees that the Collateral Agent shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, the Collateral Agent's delay or failure to collect upon, foreclose, sell, take possession of of, or otherwise obtain value for the Collateral.
(b) The Collateral Agent shall be under no duty whatsoever to make or give any presentment, notice of dishonor, protest, demand for performance, notice of non-performance, notice of intent to accelerate, notice of acceleration, or other notice or demand in connection with any Collateral or the Obligations, or to take any steps necessary to preserve any rights against any Obligor obligor on any Collateral or against any other Person. Debtor Each Obligor waives any right of marshalling marshaling in respect of any and all Collateral, and waives any right to require the Collateral Agent or any Secured Party to proceed against any Obligor or other Person, exhaust any Collateral or enforce any other remedy which the Collateral Agent or any Secured Party now has or may hereafter have against any Obligor such an obligor or other Person.
Appears in 1 contract
Sources: Pledge and Collateral Account Agreement (Tri Union Development Corp)
Disclaimer of Certain Duties. (a) The powers conferred upon the Collateral Agent by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon the Collateral Agent or any Secured Party to exercise any such powers. Debtor Pledgor hereby agrees that the Collateral Agent shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, the Collateral Agent's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.
(b) The Collateral Agent shall be under no duty whatsoever to make or give any presentment, notice of dishonor, protest, demand for performance, notice of non-performance, notice of intent to accelerate, notice of acceleration, or other notice or demand in connection with any Collateral or the Obligations, or to take any steps necessary to preserve any rights against any Obligor or other Person. Debtor Pledgor waives any right of marshalling in respect of any and all Collateral, and waives any right to require the Collateral Agent or any Secured Party to proceed against any Obligor or other Person, exhaust any Collateral or enforce any other remedy which that the Collateral Agent or any Secured Party now has or may hereafter have against any Obligor or other Person.
Appears in 1 contract
Disclaimer of Certain Duties. (a) The powers conferred upon the Collateral Agent by this Agreement are to protect its interest in the Collateral held on behalf of the Secured Parties and shall not impose any duty upon the Collateral Agent or any Secured Party to exercise any such powers. Debtor Pledgor hereby agrees that the Collateral Agent shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, the Collateral Agent's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.
(b) The Collateral Agent shall be under no duty whatsoever to make or give any presentment, notice of dishonor, protest, demand for performance, notice of non-non performance, notice of intent to accelerate, notice of acceleration, or other notice or demand in connection with any Collateral or the Obligations, or to take any steps necessary to preserve any rights against any Obligor or other Person. Debtor Pledgor waives any right of marshalling in respect of any and all Collateral, and waives any right to require the Collateral Agent or any Secured Party to proceed against any Obligor or other Person, exhaust any Collateral or enforce any other remedy which that the Collateral Agent or any Secured Party now has or may hereafter have against any Obligor or other Person.
Appears in 1 contract
Disclaimer of Certain Duties. (a) The powers conferred upon the Collateral Agent Lender by this Agreement are to protect its the Secured Parties’ interest in the Collateral and shall not impose any duty upon the Collateral Agent or any Secured Party Lender to exercise any such powers. Debtor The Debtors hereby agrees agree that the Collateral Agent Lender shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, the Collateral Agent's ▇▇▇▇▇▇’s delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.
(b) The Collateral Agent Except as otherwise expressly provided herein or in the Term Loan Agreement, Lender shall not be under no any duty whatsoever to make or give any presentment, notice of dishonor, protest, demand for performance, notice of non-performance, notice of intent to accelerate, notice of acceleration, or other notice or demand in connection with any Collateral or the Obligations, or to take any steps necessary to preserve any rights against any Obligor or other PersonPerson and the Debtors hereby waive all of the foregoing. Debtor waives The Debtors waive any right of marshalling marshaling in respect of any and all Collateral, and waives any right to require the Collateral Agent or any Secured Party Lender to proceed against any Obligor or other Person, any right to exhaust any Collateral or any right to enforce any other remedy which the Collateral Agent or any Secured Party Lender now has or may hereafter have against any Obligor or other Person.
Appears in 1 contract
Sources: Pledge and Security Agreement (HNR Acquisition Corp.)