Common use of Disclaimer of Certain Duties Clause in Contracts

Disclaimer of Certain Duties. (a) The powers conferred upon the Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. Debtor hereby agrees that the Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, the Secured Party's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral. (b) The Secured Party 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 marshaling in respect of any and all Collateral, and waives any right to require the Secured Party to proceed against any Obligor or other Person, exhaust any Collateral or enforce any other remedy which the Secured Party now has or may hereafter have against any Obligor or other Person.

Appears in 1 contract

Sources: Security Agreement (Panda Interfunding Corp)

Disclaimer of Certain Duties. (a) The powers conferred upon the Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. Each Debtor hereby agrees that the Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, the Secured Party's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral. (b) The Secured Party 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. Each Debtor waives any right of marshaling in respect of any and all Collateral, and waives any right to require the Secured Party to proceed against any Obligor or other Person, exhaust any Collateral or enforce any other remedy which the Secured Party now has or may hereafter have against any Obligor or other Person.

Appears in 1 contract

Sources: Security Agreement (Willbros Group Inc)

Disclaimer of Certain Duties. (a) The powers conferred upon the Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. Debtor hereby agrees that the Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, the Secured Party's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral. (b) The Secured Party 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, Account Debtor or other Person. Debtor waives any right of marshaling in respect of any and all Collateral, and waives any right to require the Secured Party to proceed against any Obligor Obligor, Account Debtor or other Person, exhaust any Collateral or enforce any other remedy which the Secured Party now has or may hereafter have against any Obligor or other Person.

Appears in 1 contract

Sources: Credit Agreement (Midcoast Energy Resources Inc)