Common use of Limitation on Duties Regarding Preservation of Collateral Clause in Contracts

Limitation on Duties Regarding Preservation of Collateral. The Lender’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code or otherwise, shall be to deal with such Collateral in the same manner as the Lender deals with similar property for its own account. Neither the Lender nor any of its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor or otherwise.

Appears in 3 contracts

Sources: Asset Purchase and License Agreement (Acorda Therapeutics Inc), Asset Purchase and License Agreement (Civitas Therapeutics, Inc.), Asset Purchase and License Agreement (Civitas Therapeutics, Inc.)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals would deal with similar property for its own account. Neither the Lender nor any of its partners, directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Grantor or otherwise.

Appears in 3 contracts

Sources: Intellectual Property Security Agreement (Faraday Financial Inc), Loan Agreement (Dreams Inc), Loan Agreement (Dreams Inc)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals with similar property for its own account. Neither the Lender Lender, nor any of its their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Borrowers or otherwise.

Appears in 3 contracts

Sources: Loan and Security Agreement (Brooklyn Cheesecake & Desert Com), Loan and Security Agreement (Creative Bakeries Inc), Loan and Security Agreement (Brooklyn Cheesecake & Desert Com)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s sole duty to Borrower with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral in the same manner as the a commercially reasonable manner. Lender deals with similar property for its own accountshall have no obligation to take any steps to preserve rights against prior parties to any Collateral. Neither the Lender nor any of its directorsmanagers, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Borrower or otherwise.

Appears in 2 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement

Limitation on Duties Regarding Preservation of Collateral. The Lender’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 9207 of the Code or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals with similar property for its own account. Neither the Lender No holder of any Obligation, nor any of its their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Debtors or otherwise.

Appears in 2 contracts

Sources: Secured Credit Facility and Warrant Purchase Agreement (Environmental Tectonics Corp), Secured Credit Facility and Warrant Purchase Agreement (Environmental Tectonics Corp)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s Lenders' Representatives sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals Lenders' Representative would deal with similar property for its own account. Neither the Lender Lenders' Representative nor any of its partners, directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Grantor or otherwise.

Appears in 2 contracts

Sources: Patent Security Agreement (Compliance Systems Corp), Patent Security Agreement (Compliance Systems Corp)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals would deal with similar property for its own account. Neither the Lender nor any of its partners, directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Grantor or otherwise.

Appears in 2 contracts

Sources: Trademark and Patent Security Agreement (Find SVP Inc), Trademark and Patent Security Agreement (Network Event Theater Inc)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s sole duty Collateral Agent shall be deemed to have exercised reasonable care with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be if it takes such action with respect to deal with such the Collateral in the same manner as the Lender deals with similar property for its own accountAdministrative Agent instructs. Neither None of the Lender nor Collateral Agent, the Administrative Agent or any of its their directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Borrower or otherwise.

Appears in 2 contracts

Sources: Security Agreement (Apollo Debt Solutions BDC), Security Agreement (GOLUB CAPITAL BDC, Inc.)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possessionCollateral, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals deal with similar property for its own account. Neither the Lender nor any of its their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Borrower or otherwise.

Appears in 2 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (InPlay Technologies, Inc.)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals with similar property for its own account. Neither the Lender nor any of its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Borrower or otherwise.

Appears in 2 contracts

Sources: Security Agreement (Inergetics Inc), Security Agreement (Zoom Technologies Inc)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s Collateral Agent's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender Collateral Agent deals with similar property for its own account. Neither None of the Lender Lender, the Insurer, the Hedge Counterparty, the Collateral Agent nor any of its their respective directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Borrower or otherwise.

Appears in 2 contracts

Sources: Warehouse and Security Agreement (TFC Enterprises Inc), Warehouse and Security Agreement (TFC Enterprises Inc)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals with similar property for its own account. Neither the Lender nor any of its directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Borrower or otherwise.

Appears in 2 contracts

Sources: Loan and Security Agreement (NexPoint Real Estate Finance, Inc.), Loan and Security Agreement (NexPoint Real Estate Finance, Inc.)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 9207 of the Code or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals with similar property for its own account. Neither the Lender No holder of any Obligation, nor any of its their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Debtors or otherwise.

Appears in 1 contract

Sources: Security Agreement (Environmental Tectonics Corp)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals with similar property Property for its own account. Neither the Lender Lender, nor any of its respective directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor any Debtor or otherwise.

Appears in 1 contract

Sources: Security Agreement (Kroll Inc)

Limitation on Duties Regarding Preservation of Collateral. The --------------------------------------------------------- Lender’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 9207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals would deal with similar property for its own account. Neither the The Lender nor or any of its directors, officers, officers or employees or agents shall not be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Pledgor or otherwise.

Appears in 1 contract

Sources: Security Agreement (Styles on Video Inc)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals with similar property Property for its own account. Neither the Lender Lender, nor any of its respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor any Pledgor or otherwise.

Appears in 1 contract

Sources: Pledge Agreement (Kroll Inc)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s Collateral Agent's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender Collateral Agent deals with similar property for its own account. Neither None of the Lender Lender, the Hedge Counterparty, the Collateral Agent nor any of its their respective directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Borrower or otherwise.

Appears in 1 contract

Sources: Warehouse and Security Agreement (Financial Pacific Co)

Limitation on Duties Regarding Preservation of Collateral. The Lender’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with such Collateral it in the same manner as the Lender deals would deal with similar property for its own account. Neither the Lender nor any of its partners, directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Obligor Grantor or otherwise.

Appears in 1 contract

Sources: Intellectual Property Security Agreement (Galaxy Nutritional Foods Co)