Limitation on Duties Regarding Preservation of Collateral. The Secured Party’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC or otherwise, shall be to deal with it in the same manner as the Secured Party deals with similar property for its own account. (a) The Secured Party shall have no obligation to take any steps to preserve rights against prior parties to any Collateral. (b) Neither the Secured Party 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 Debtor or otherwise.
Appears in 2 contracts
Sources: Security Agreement (Itex Corp), Security Agreement (Itex Corp)
Limitation on Duties Regarding Preservation of Collateral. (a) The Secured Party’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 UCC or otherwise, shall be to deal with it in the same manner as the Secured Party deals with similar property for its own account.
(ab) The Secured Party shall have no obligation to take any steps to preserve rights against prior parties to any Collateral.
(bc) Neither the Secured Party 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 Debtor or otherwise.
Appears in 2 contracts
Sources: Security and Pledge Agreement (Atlantic Express Transportation Corp), Security and Pledge Agreement (Atlantic Express Transportation Corp)
Limitation on Duties Regarding Preservation of Collateral. The Secured Party’s ’ sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its their possession, under Section 9-207 of the UCC or otherwise, shall be to deal with it in the same manner as the Secured Party deals deal with similar property for its their own account.
(a) The Secured Party shall have no obligation to take any steps to preserve rights against prior parties to any Collateral.
(b) Neither None of the Secured Party nor any of its their 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 Debtor or otherwise.
Appears in 2 contracts
Sources: Security Agreement (Biogold Fuels CORP), Security Agreement (Auriga Laboratories, Inc.)
Limitation on Duties Regarding Preservation of Collateral. The Secured Party’s sole duty with respect to the custody, safekeeping safekeeping, and physical preservation of the Collateral in its possession, under Section 9-207 9.207 of the UCC or otherwise, shall be to deal with it in the same manner as the Secured Party deals with similar property for its own account.
(a) . The Secured Party shall have no obligation to take any steps to preserve rights against prior parties to any Collateral.
(b) Neither . Except for matters constituting gross negligence, neither the Secured Party nor any of its directors, officers, employees employees, or agents shall be liable for failure to demand, collect 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 Debtor or otherwise.
Appears in 2 contracts
Sources: Security Agreement (Primeenergy Corp), Security Agreement (Primeenergy Corp)
Limitation on Duties Regarding Preservation of Collateral. (a) The Secured Party’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 UCC or otherwise, shall be to deal with it in the same manner as the Secured Party deals with similar property for its own account.
(ab) The Secured Party shall have no obligation to take any steps to preserve rights against prior parties to any Collateral.
(bc) Neither the Secured Party 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 Debtor Debtors or otherwise.
Appears in 1 contract
Sources: Security Agreement (Trump Atlantic City Funding Inc)
Limitation on Duties Regarding Preservation of Collateral. The Secured Party’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC or otherwise, shall be to deal with it in the same manner as the Secured Party deals with similar property for its own account.
(ai) The Secured Party shall have no obligation to take any steps to preserve rights against prior parties to any Collateral.
(bii) Neither the Secured Party 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 Debtor or otherwise.
Appears in 1 contract
Limitation on Duties Regarding Preservation of Collateral. (a) The Secured Party’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 UCC or otherwise, shall be to deal with it in the same manner as the Secured Party deals with similar property for its own account.
(ab) The Secured Party shall have no obligation to take any steps to preserve rights against prior parties to any Collateral.
(bc) Neither the Secured Party 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 Debtor Borrower or otherwise.
Appears in 1 contract
Sources: Pledge and Security Agreement (Smartalk Teleservices Inc)
Limitation on Duties Regarding Preservation of Collateral. (a) The Secured Party’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-9- 207 of the UCC or otherwise, shall be to deal with it in the same manner as the Secured Party deals with similar property for its own account.
(ab) The Secured Party shall have no obligation to take any steps to preserve rights against prior parties to any Collateral.
(bc) Neither the Secured Party 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 Debtor or otherwise.
Appears in 1 contract
Sources: Credit Agreement (Synbiotics Corp)
Limitation on Duties Regarding Preservation of Collateral. The Each Secured Party’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 UCC or otherwise, shall be to deal with it in the same manner as the such Secured Party deals with similar property for its own account.
(a) The Secured Party Parties shall have no obligation to take any steps to preserve rights against prior parties to any Collateral.
(b) Neither the Secured Party Parties nor any of its their 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 Debtor or otherwise.
Appears in 1 contract
Sources: Software Distribution and Loan Agreement (Microprose Inc/De)
Limitation on Duties Regarding Preservation of Collateral. The Secured Party’s Parties' sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its their possession, under Section 9-207 of the UCC or otherwise, shall be to deal with it in the same manner as the Secured Party deals Parties deal with similar property for its their own account.
(a) The Secured Party Parties shall have no obligation to take any steps to preserve rights against prior parties to any Collateral.
(b) Neither None of the Secured Party Parties nor any of its their 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 Debtor or otherwise.
Appears in 1 contract