Care and Diligence. The failure of Administrative Agent or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Administrative Agent (a) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (b) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (c) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
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Samples: Guaranty Agreement (MGM Resorts International), Guaranty Agreement (MGM Resorts International)
Care and Diligence. The failure of the Administrative Agent or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of the Administrative Agent (a) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (b) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (c) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Sponsor Guaranty (Bluerock Residential Growth REIT, Inc.), Sponsor Guaranty (Bluerock Residential Growth REIT, Inc.)
Care and Diligence. The failure of Administrative Agent and/or Lenders or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Administrative Agent and/or Lenders (a) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (b) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (c) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Sothebys, Hilton Worldwide Holdings Inc.
Care and Diligence. The failure of Administrative Agent or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Administrative Agent (ai) to take or prosecute any action for the collection of any of the Guaranteed ObligationsDebt, or (bii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (ciii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed ObligationsDebt.
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Samples: Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.)
Care and Diligence. The failure of Administrative Agent Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Administrative Agent Lender (a) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (b) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, therefor or (c) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty Agreement (Griffin Capital Essential Asset REIT, Inc.)
Care and Diligence. The failure of Administrative Agent or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including but not limited to including, without limitation, any neglect, delay, omission, failure or refusal of Administrative Agent (ai) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (bii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (ciii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (FelCor Lodging Trust Inc)
Care and Diligence. The failure of Administrative Agent or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Administrative Agent (ai) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (bii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (ciii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
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Care and Diligence. The failure of Administrative Agent Agent, any Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Administrative Agent and/or Lenders (a) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (b) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (c) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty Agreement (Centro NP LLC)
Care and Diligence. The failure of Administrative Agent Agent, any Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Administrative Agent (ai) to take or prosecute any action for the collection of any of the Guaranteed Obligations or the Obligations, or (bii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (ciii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations or the Obligations.
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Care and Diligence. The failure of Administrative Agent Agent, any Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateralCollateral, property or security, including including, but not limited to to, any neglect, delay, omission, failure or refusal of Administrative Agent any Secured Party (ai) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (bii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (ciii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
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Care and Diligence. The failure of Administrative Agent Agent, any Lender or any other party Person to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Administrative Agent or any Lender (a) to take or prosecute any action for the collection of any of the Loan Obligations or the Guaranteed Obligations, or (b) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (c) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Loan Obligations or the Guaranteed Obligations.
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