Common use of Agent’s Obligations and Duties Clause in Contracts

Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Guarantor shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Guarantor thereunder. The Agent shall not have any obligation or liability under any such contract or agreement by reason of, or arising out of, this Agreement or the receipt by the Agent of any payment relating to any of the Collateral, nor shall the Agent be obligated in any manner to perform any of the obligations of the Guarantor under, or pursuant to, any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Agent in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Agent or to which the Agent may be entitled at any time or times. The Agent’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Agent deals with similar property for its own account.

Appears in 11 contracts

Samples: Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/)

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Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Guarantor Company shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Guarantor Company thereunder. The Neither the Agent nor any Lender shall not have any obligation or liability under any such contract or agreement by reason of, of or arising out of, of this Agreement or the receipt by the Agent or any Lender of any payment relating to any of the Collateral, nor shall the Agent or any Lender be obligated in any manner to perform any of the obligations of the Guarantor under, Company under or pursuant to, to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Agent or any Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Agent or to which the Agent or any Lender may be entitled at any time or times. The Agent’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §9Sec.9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Agent deals with similar property for its own account.

Appears in 3 contracts

Samples: Amended and Restated Security Agreement (PCD Inc), Amended and Restated Security Agreement (PCD Inc), Amended and Restated Security Agreement (PCD Inc)

Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Guarantor Borrower shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Guarantor Borrower thereunder. The Agent shall not have any obligation or liability under any such contract or agreement by reason of, or arising out of, this Agreement or the receipt by the Agent of any payment relating to any of the Collateral, nor shall the Agent be obligated in any manner to perform any of the obligations of the Guarantor Borrower under, or pursuant to, any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Agent in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Agent or to which the Agent may be entitled at any time or times. The Agent’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Agent deals with similar property for its own account.

Appears in 2 contracts

Samples: Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/)

Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Guarantor Borrower shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Guarantor Borrower thereunder. The Neither the Agent nor any Bank shall not have any obligation or liability under any such contract or agreement by reason of, of or arising out of, of this Agreement or the receipt by the Agent or any Bank of any payment relating to any of the Collateral, nor shall the Agent or any Bank be obligated in any manner to perform any of the obligations of the Guarantor under, Borrower under or pursuant to, to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Agent or any Bank in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Agent or to which the Agent or any Bank may be entitled at any time or times. The Agent’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §Section 9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Agent deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Rivernorth Opportunities Fund, Inc.)

Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Guarantor Borrower shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Guarantor Borrower thereunder. The Neither the Agent nor any Bank shall not have any obligation or liability under any such contract or agreement by reason of, of or arising out of, of this Agreement or the receipt by the Agent or any Bank of any payment relating to any of the Collateral, nor shall the Agent or any Bank be obligated in any manner to perform any of the obligations of the Guarantor under, Borrower under or pursuant to, to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Agent or any Bank in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Agent or to which the Agent or any Bank may be entitled at any time or times. The Agent’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Agent deals with similar property for its own account. The Agent will not create a security interest in the Collateral in its possession or control for the benefit of Agent’s secured parties.

Appears in 1 contract

Samples: Security Agreement (Credit Suisse High Yield Bond Fund)

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Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Guarantor shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Guarantor thereunder. The Neither the Agent nor any Bank shall not have any obligation or liability under any such contract or agreement by reason of, of or arising out of, of this Agreement or the receipt by the Agent or any Bank of any payment relating to any of the Collateral, nor shall the Agent or any Bank be obligated in any manner to perform any of the obligations of the Guarantor under, under or pursuant to, to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Agent or any Bank in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Agent or to which the Agent or any Bank may be entitled at any time or times. The Agent’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §9-207 of the Uniform Commercial Code of the State or otherwise, possession shall be to deal with such Collateral in the same manner as the Agent deals with similar property for its own account.

Appears in 1 contract

Samples: Canadian Security Agreement (Rti Capital Corp)

Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Guarantor Company shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Guarantor Company thereunder. The Agent shall not have any obligation or liability under any such contract or agreement by reason of, of or arising out of, of this Agreement or the receipt by the Agent of any payment relating to any of the Collateral, nor shall the Agent be obligated in any manner to perform any of the obligations of the Guarantor under, Company under or pursuant to, to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Agent in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Agent or to which the Agent may be entitled at any time or times. The Agent’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §Section 9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Agent deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Mac-Gray Corp)

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