Common use of Preservation of the Collateral Clause in Contracts

Preservation of the Collateral. Subject to the rights of the Senior Lender under the Senior Loan Documents and the terms and conditions of the Senior Loan Subordination Agreement, and after the occurrence and during the continuance of an Event of Default, the Purchaser may, but is not required, to take such actions from time to time as the Purchaser deems appropriate to maintain or protect the Collateral. The Purchaser shall have exercised reasonable care in the custody and preservation of the Collateral if the Purchaser takes such action as any Obligor shall reasonably request in writing which is not inconsistent with the Purchaser’s status as a secured party, but the failure of the Purchaser to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Purchaser’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Purchaser accords its own property, and (ii) not extend to matters beyond the control of the Purchaser, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Purchaser to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Obligors, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Obligors shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Obligors and the Purchaser in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Obligors represent to, and covenant with, the Purchaser that the Obligors have made arrangements for keeping informed of changes or potential changes affecting the securities (including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Obligors agree that the Purchaser shall have no responsibility or liability for informing the Obligors of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. Subject to the rights of the Senior Lender under the Senior Loan Documents and the terms and conditions of the Senior Loan Subordination Agreement, and after the occurrence and during the continuance of an Event of Default, the Purchaser The Administrative Agent may, but is not required, to take such actions from time to time as the Purchaser Administrative Agent deems appropriate to maintain or protect the Collateral. The Purchaser Administrative Agent shall have exercised reasonable care in the custody and preservation of the Collateral if the Purchaser Administrative Agent takes such action as any Obligor the Debtor shall reasonably request in writing which is not inconsistent with the Purchaser’s Administrative Agent 's status as a secured party, but the failure of the Purchaser Administrative Agent to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Purchaser’s Administrative Agent 's responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Purchaser Administrative Agent accords its own property, and (ii) not extend to matters beyond the control of the PurchaserAdministrative Agent , including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Purchaser Administrative Agent to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the ObligorsDebtor, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Obligors Debtor shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Obligors Debtor and the Purchaser Administrative Agent in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Obligors represent Debtor represents to, and covenant covenants with, the Purchaser Administrative Agent that the Obligors have Debtor has made arrangements for keeping informed of changes or potential changes affecting the securities (including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Obligors agree Debtor agrees that the Purchaser Administrative Agent shall have no responsibility or liability for informing the Obligors Debtor of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. Subject to the rights of the Senior Lender under the Senior Loan Documents and the terms and conditions of the Senior Loan Subordination Agreement, and after the occurrence and during the continuance of an Event of Default, the Purchaser The Lenders may, but is are not required, to take such actions from time to time as the Purchaser Administrative Agent deems appropriate to maintain or protect the Collateral. The Purchaser Lenders shall have exercised reasonable care in the custody and preservation of the Collateral if the Purchaser takes Lenders take such action as any Obligor the Borrower shall reasonably request in writing which is not inconsistent with the Purchaser’s Lenders’ status as a secured party, but the failure of the Purchaser Lenders to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Purchasera Lender’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Purchaser Lender accords its own property, and (ii) not extend to matters beyond the control of the PurchaserLenders, including including, without limitation, acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Purchaser Lenders to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the ObligorsBorrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Obligors Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Obligors Borrower and the Purchaser Lenders in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Obligors represent Borrower represents to, and covenant covenants with, the Purchaser Lenders that the Obligors have Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Obligors agree Borrower agrees that the Purchaser Lenders shall have no responsibility or liability for informing the Obligors Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. Subject to the rights of the Senior The Lender under the Senior Loan Documents and the terms and conditions of the Senior Loan Subordination Agreement, and after the occurrence and during the continuance of an Event of Default, the Purchaser may, but is not requiredrequired to, to take such actions action from time to time as the Purchaser Lender deems appropriate to maintain or protect the Collateral. The Purchaser Lender shall have exercised reasonable care in the custody and preservation of the Collateral if the Purchaser Lender takes such action as any Obligor the Borrower shall reasonably request in writing which is not inconsistent with the Purchaser’s Lender's status as a secured party, but the failure of the Purchaser Lender to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Purchaser’s Lender's responsibility for the safekeeping of the Collateral shall (ia) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Purchaser Lender accords its own property, and (iib) not extend to matters beyond the reasonable control of the PurchaserLender, including including, without limitation, acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Purchaser Lender to preserve or protect any rights with respect to the Collateral against claims of prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the ObligorsBorrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Obligors Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Obligors Borrower and the Purchaser Lender in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Obligors represent Borrower represents to, and covenant covenants with, the Purchaser Lender that the Obligors have Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Obligors agree Borrower agrees that the Purchaser Lender shall have no responsibility or liability for informing the Obligors Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.