Common use of Absence of Duty Clause in Contracts

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the Lenders, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) or in any of the Loan Documents; it being understood and agreed that in respect of the Collateral covered by this Agreement or the other Loan Documents, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral covered by this Agreement or the Loan Documents as one of Lenders and Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender Lender, Documentation Agent or any other Person to assure that the Collateral Property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the LendersLender Parties, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h11.1(h) or in any of the Loan Documents; it being understood and agreed that in respect of the Collateral Property covered by this Agreement or the other Loan Documents, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral Property covered by this Agreement or the Loan Documents as one of the Lenders and Agent shall have no duty or liability whatsoever to any of the other LendersLenders or Documentation Agent; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender Lender, Agent or any other Person to assure that the Collateral Property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the LendersLender Parties, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Documentation Agent in this Section 13.1(h11.2(h) or in any of the Loan Documents; it being understood and agreed that in respect of the Collateral Property covered by this Agreement or the other Loan Documents, or any act, omission or event related thereto, Documentation Agent may act in any manner it may deem appropriate, in its discretion, given Documentation Agent’s own interest in Collateral Property covered by this Agreement or the Loan Documents as one of the Lenders and Documentation Agent shall have no duty or liability whatsoever to any of the other LendersLenders or Agent; provided, that Documentation Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral covered by this Agreement or the other Loan Documents exists or is owned by any Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the Lenders, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) or in any of the Loan Documents; it being understood and agreed that in respect of the Collateral covered by this Agreement or the other Loan Documents, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral covered by this Agreement or the Loan Documents as one of Lenders and Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Agent and Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) Agreement or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, however, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. The Agent shall have no obligation whatsoever to any Lender Lender, the Borrower or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Financing Documents exists or is owned by the Borrower or any Subsidiary Guarantor or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, the Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to the Agent in this Section 13.1(h) 8.8.3 or in any of the Loan Financing Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Financing Documents or any act, omission or event related thereto, the Agent may act in any manner it may deem appropriate, in its discretion, given the Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Financing Documents as one of the Lenders and that the Agent shall have no duty or liability whatsoever to any of the other the Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h11-A.1(h) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or willful misconduct.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Collateral Documents exists or is owned by Borrower or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the Lenders, herein or pursuant hereto Agent have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(hSECTION 8.2(H) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Collateral Documents or any act, omission or event related thereto, Agent may (in the absence of instructions from Requisite Lenders or such other portion of the Lenders as may be prescribed by this Agreement) act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Collateral Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, PROVIDED that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(hsubsection 9.2(H) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender Lender, any Managing Agent or any other Person to assure that the Collateral covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the LendersSecured Parties, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) or in any of the Loan Documents; it being understood and agreed that in respect of the Collateral covered by this Agreement or the other Loan Documents, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral covered by this Agreement or the Loan Documents as one of Lenders Lenders, Managing Agents and Agent shall have no duty or liability whatsoever to any of the other LendersSecured Parties; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. The Agent shall have no obligation whatsoever to any Lender Lender, Borrower or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, the Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to the Agent in this Section 13.1(h8.8(c) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, the Agent may act in any manner it may deem appropriate, in its discretion, given the Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that the Agent shall have no duty or liability whatsoever to any of the other the Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h12.1(h) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or willful misconduct.

Absence of Duty. The Collateral Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower Borrowers or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Collateral Agent on behalf of the Lenders, Collateral Agent and Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Collateral Agent in this Section 13.1(h) Agreement or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Collateral Agent may act in any manner it may deem appropriate, in its reasonable discretion, given Collateral Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Collateral Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, however, that Collateral Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any --------------- Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(hsubsection ---------- 9.2(H) or in any of the Loan Documents; , it being understood and agreed that in ------ respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with -------- loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower Borrowers or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h12.1(h) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner consistent with the provisions of this Agreement and the other Loan Documents and as it may otherwise deem appropriate, in its discretionPermitted Discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or willful misconduct.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral Property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the LendersLender Parties, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h11.1(h) or in any of the Loan Documents; it being understood and agreed that in respect of the Collateral Property covered by this Agreement or the other Loan Documents, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral Property covered by this Agreement or the Loan Documents as one of Lenders and Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents (including without limitation the Collateral) exists or is owned by Borrower any Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h12.1(h) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or willful misconduct.

Absence of Duty. The Administrative Agent shall have no obligation whatsoever to any Lender Lender, the Borrowers or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Financing Documents exists or is owned by Borrower the Borrowers or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, the Administrative Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to the Administrative Agent in this Section 13.1(h) 8.8.3 or in any of the Loan Financing Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Financing Documents or any act, 128 omission or event related thereto, the Administrative Agent may act in any manner it may deem appropriate, in its discretion, given the Administrative Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Financing Documents as one of the Lenders and that the Administrative Agent shall have no duty or liability whatsoever to any of the other the Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the Lenders, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(hsubsection 9.2(H) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(hsubsection 9.2(H) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent The Agents shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower Borrowers or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Collateral Agent on behalf of the Lenders, Collateral Agent and Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Collateral Agent in this Section 13.1(h) Agreement or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Collateral Agent may act in any manner it may deem appropriate, in its reasonable discretion, given Collateral Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Collateral Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, however, that Collateral Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Collateral Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Collateral Documents exists or is owned by Borrower Great Lakes or any of its Subsidiaries or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the Lenders, herein or pursuant hereto Collateral Agent have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Collateral Agent in this Section 13.1(h8.2(h) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Collateral Documents or any act, omission or event related thereto, Collateral Agent may act in any manner it may deem appropriate, in its discretionPermitted Discretion, given Collateral Agent’s own interest in Collateral property covered by this Agreement or the Loan Collateral Documents as one of the Lenders and that Collateral Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, provided that Collateral Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the Lenders, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or Katapult SPV-1 LLC – Loan and Security Agreement available to Agent in this Section 13.1(h) or in any of the Loan Documents; it being understood and agreed that in respect of the Collateral covered by this Agreement or the other Loan Documents, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral covered by this Agreement or the Loan Documents as one of Lenders and Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or 94 insured or has been encumbered or that the Liens granted to Agent, on behalf of the Lenders, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) or in any of the Loan Documents; it being understood and agreed that in respect of the Collateral covered by this Agreement or the other Loan Documents, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral covered by this Agreement or the Loan Documents as one of Lenders and Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent Agents shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower Borrowers or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Senior Agent on behalf of the Lenders, Benefitted Persons herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative Agent in this Section 13.1(h) Agreement or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Administrative Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Administrative Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, however, that Administrative Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender Lender, Borrower or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Financing Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) 11.8.3 or in any of the Loan Financing Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Financing Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral property covered by this Agreement or the Loan Financing Documents as one of Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. The Agent shall have no obligation whatsoever to any Lender Lender, the Borrowers or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Financing Documents exists or is owned by Borrower the Borrowers or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, the Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to the Agent in this Section 13.1(h) 8.8.3 or in any of the Loan Financing Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Financing Documents or any act, omission or event related thereto, the Agent may act in any manner it may deem appropriate, in its discretion, given the Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Financing Documents as one of the Lenders and that the Agent shall have no duty or liability whatsoever to any of the other the Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(hsubsection 9.2(H) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. The Administrative Agent shall have no obligation whatsoever to any Lender Lender, the Borrowers or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Financing Documents exists or is owned by Borrower the Borrowers or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, the Administrative Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to the Administrative Agent in this Section 13.1(h) 8.8.3 or in any of the Loan Financing Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Financing Documents or any act, omission or event related thereto, the Administrative Agent may act in any manner it may deem appropriate, in its discretion, given the Administrative Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Financing Documents as one of the Lenders and that the Administrative Agent shall have no duty or liability whatsoever to any of the other the Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h11.3(h) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or willful misconduct.

Absence of Duty. Agent shall have no obligation whatsoever to --------------- any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Agent and Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) Agreement or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, however, that Agent shall exercise the -------- ------- same care which it would in dealing with loans for its own account.

Absence of Duty. The Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, the Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to the Agent in this Section 13.1(h9.2(h) or in any of the other Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, the Agent may act in any manner it may deem appropriate, in its discretion, given the Agent’s own interest in Collateral property covered by this Agreement or the other Loan Documents as one of the Lenders and that the Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that the Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. The Agent shall have no obligation whatsoever to any Lender ---------------- or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower Borrowers or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Agent and Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) Agreement or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its reasonable discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, however, that Agent shall exercise the same care which it would in dealing with loans for its own ------- account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h12.1(h) or in any of the other Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the other Loan Documents as one of Lenders and Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or willful misconduct.

Absence of Duty. Administrative Agent shall have no obligation whatsoever to any Lender Lender, Borrower or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens liens and security interests granted to Agent, Administrative Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative Agent in this Section 13.1(h) 8.9 or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Administrative Agent may act in any manner it may deem appropriate, in its discretion, given Administrative Agent’s own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Administrative Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower the applicable Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(hsubsection 9.2(H) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; providedPROVIDED, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Obligor or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Agent and Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) Agreement or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; providedPROVIDED, HOWEVER, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h11.1(h) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner consistent with the provisions of this Agreement and the other Loan Documents and as it may otherwise deem appropriate, in its commercially reasonable discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or willful misconduct.

Absence of Duty. No Agent shall have no any obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Administrative Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Administrative Agent in this Section 13.1(hsubsection 9.2(H) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, any Agent may act in any manner it may deem appropriate, in its discretion, given such Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and that such Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that such Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by any Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h11.1(h) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or willful misconduct. Consolidated Amended and Restated Loan and Security Agreement

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Agent and Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) Agreement or in any of the other Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the other Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; providedPROVIDED, HOWEVER, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral Property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lender Parties herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h11.1(h) or in any of the other Loan Documents; , it being understood and agreed that in respect of the Collateral Property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral Property covered by this Agreement or the other Loan Documents as one of Lenders and Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or wilful misconduct.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h12.1(h) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or willful misconduct.

Absence of Duty. The Agent shall have no obligation whatsoever to any Lender Lender, the Borrowers or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Financing Documents exists or is owned by Borrower the Borrowers or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, the Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to the Agent in this Section 13.1(h) 8.8.3 or in any of the Loan Financing Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Financing Documents or any act, omission or event related thereto, the Agent may act in any manner it may deem appropriate, in its discretion, given the Agent’s own interest in Collateral property covered by this Agreement or the Loan Financing Documents as one of the Lenders and that the Agent shall have no duty or liability whatsoever to any of the other the Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the Lenders, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) or in any of the Loan Documents; it being understood and agreed that in respect of the Collateral covered by this Agreement or the other Loan Documents, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral covered by this Agreement or the Loan Documents as one of Lenders and Katapult SPV-1 LLC – Loan and Security Agreement 95 Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. The Agent shall have no obligation whatsoever to any Lender Lender, the Borrower or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Financing Documents exists or is owned by the Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf the Agent for the benefit of the Lenders, Lenders and the Agent herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to the Agent in this Section 13.1(h) 8.8.3 or in any of the Loan Financing Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Financing Documents or any act, omission or event related thereto, the Agent may act in any manner it may deem appropriate, in its discretion, given the Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Financing Documents as one of the Lenders and that the Agent shall have no duty or liability whatsoever to any of the other the Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation --------------- whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Loan Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(hsubsection 9.2(H) or in any of the Loan ----------------- Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same -------- care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(hSECTION 11-A.1(H) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; providedPROVIDED, that Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or willful misconduct.

Absence of Duty. The Agent shall have no obligation whatsoever to any Lender Lender, the Borrowers or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Financing Documents exists or is owned by Borrower the Borrowers or is cared for, protected or insured or has been encumbered or that the Liens 161 granted to Agent, the Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to the Agent in this Section 13.1(h) 8.8.3 or in any of the Loan Financing Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Financing Documents or any act, omission or event related thereto, the Agent may act in any manner it may deem appropriate, in its discretion, given the Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Financing Documents as one of the Lenders and that the Agent shall have no duty or liability whatsoever to any of the other the Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender Secured Party or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Collateral Documents exists or is owned by Borrower or any other Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf Agent (for the benefit of itself and the Lenders, herein or pursuant hereto other Secured Parties) have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h8.2(h) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Collateral Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral property covered by this Agreement or the Loan Collateral Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, provided that Agent shall exercise the same care which it would in dealing with loans property for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender Holder or any other Person to assure that the Collateral covered by this Agreement or the other Loan Collateral Documents exists or is owned by Borrower the Company or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the LendersHolders, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h22.1(h) or in any of the Loan Collateral Documents; it being understood and agreed that in respect of the Collateral covered by this Agreement or the other Loan Collateral Documents, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral covered by this Agreement or the Loan Collateral Documents as one of Lenders Holders, if applicable, and Agent shall have no duty or liability whatsoever to any of the other LendersHolders; provided, that Agent shall exercise the same care which it would in dealing with loans notes for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower Borrowers or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h11-A.1(h) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission omission, or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, Agent shall be liable with respect to its own gross negligence or willful misconduct.

Absence of Duty. Agent shall have no obligation ----------------- whatsoever to any Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, Agent on behalf of the Lenders, Lenders herein or pursuant hereto have been properly or sufficiently suffi-ciently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(hsubsection 9.2(H) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral covered by this Agreement or the other Loan Documents exists or is owned by any Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the Lenders, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h) or in any of the Loan Documents; it being understood and agreed that in respect of the Collateral covered by this Agreement or the other Loan Documents, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral covered by this Agreement or the Loan Documents as one of Lenders and Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, provided that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. Agent shall have no obligation whatsoever to any Lender or any other Person to assure that the Collateral Property covered by this Agreement or the other Loan Documents exists or is owned by Borrower any Credit Party or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the LendersLender Parties, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(h11.1(h) or in any of the other Loan Documents; it being understood and agreed that in respect of the Collateral Property covered by this Agreement or the other Loan Documents, or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s own interest in Collateral Property covered by this Agreement or the other Loan Documents as one of Lenders and Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with loans for its own account.

Absence of Duty. The Agent shall have no obligation whatsoever to any Lender Purchaser or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Purchase Documents exists or is owned by Borrower the Loan Parties or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, the Agent on behalf of the Lenders, Purchasers herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to the Agent in this Section 13.1(h9.1(h) or in any of the Loan Purchase Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Purchase Documents or any act, omission omission, or event related thereto, the Agent may act in any manner it may deem appropriate, in its discretion, given the Agent’s own interest in Collateral property covered by this Agreement or the Loan Purchase Documents as one of Lenders the Purchasers and that the Agent shall have no duty or liability whatsoever to any of the other Lendersthe Purchasers; provided, that the Agent shall exercise the same care which it would in dealing with loans for its own account. Notwithstanding the foregoing, the Agent shall be liable with respect to its own gross negligence or willful misconduct.

Absence of Duty. Agent shall have no obligation whatsoever to any --------------- Lender or any other Person to assure that the Collateral property covered by this Agreement or the other Loan Documents exists or is owned by Borrower or is cared for, protected or insured or has been encumbered or that the Liens granted to Agent, on behalf of the Lenders, herein or pursuant hereto have been properly or sufficiently or lawfully created, perfected, protected, protected or enforced or maintained or are entitled to any particular priority, or to exercise at all or in any particular manner or under any duty of care, disclosure, disclosure or fidelity, or to continue exercising, any of the rights, authorities and powers granted or available to Agent in this Section 13.1(hsubsection 9.2(H) or in any of the Loan Documents; , it being understood and agreed that in respect of the Collateral property covered by this Agreement or the other Loan Documents, Documents or any act, omission or event related thereto, Agent may act in any manner it may deem appropriate, in its discretion, given Agent’s 's own interest in Collateral property covered by this Agreement or the Loan Documents as one of the Lenders and that Agent shall have no duty or liability whatsoever to any of the other Lenders; provided, that Agent shall exercise the same care which it would in dealing with -------- loans for its own account.