Common use of Care and Diligence Clause in Contracts

Care and Diligence. The failure of any Credit Party or any other party to exercise diligence or reasonable care or act, fail to act, or comply with any duty in the administration, preservation, protection, enforcement, sale application, disposal, or other handling or treatment of all or any part of the Guaranteed Debt or any collateral, property, or security at any time securing any portion thereof, including, without limiting the generality of the foregoing, the failure to conduct any foreclosure or other remedy fairly, in a commercially reasonable manner, or in such a way so as to obtain the best possible price or a favorable price or otherwise act or fail to act;

Appears in 4 contracts

Samples: Revolving Credit Agreement (Horton D R Inc /De/), Revolving Credit Agreement (Horton D R Inc /De/), Exchange Agreement (Protection One Alarm Monitoring Inc)

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Care and Diligence. The failure of any Credit Loan Party or any other party to exercise diligence or reasonable care or act, fail to act, or comply with any duty in the administration, preservation, protection, enforcement, sale application, disposal, or other handling or treatment of all or any part of the Guaranteed Debt or any collateral, property, or security at any time securing any portion thereof, including, without limiting the generality of the foregoing, the failure to conduct any foreclosure or other remedy fairly, in a commercially reasonable manner, or in such a way so as to obtain the best possible price or a favorable price or otherwise act or fail to act;

Appears in 3 contracts

Samples: Loan Agreement (Camden Property Trust), Credit Agreement (Prentiss Properties Trust/Md), Credit Agreement (Trammell Crow Co)

Care and Diligence. The failure of any Guaranteed Credit Party Party, Collateral Agent or any other party to exercise diligence or reasonable care or to act, fail to act, act or comply with any duty in the administration, preservation, protection, enforcement, sale application, disposal, disposal or other handling or treatment of all or any part of the Guaranteed Debt Obligations or any collateral, property, or security at any time securing any portion thereof, including, without limiting the generality of the foregoing, including the failure to conduct any foreclosure or exercise any other remedy fairly, in a commercially reasonable manner, or in such a way so as to obtain the best possible price or a favorable price or otherwise act or fail to act;

Appears in 2 contracts

Samples: Global Senior Credit Agreement (Prologis), Global Senior Credit Agreement (Prologis)

Care and Diligence. The failure of any Credit Loan Party or any other party to exercise diligence or reasonable care or act, fail to act, or comply with any duty in the administration, preservation, protection, enforcement, sale application, disposal, or other handling or treatment of all or any part of the Guaranteed Debt or any collateral, property, or security at any time securing any portion thereof, including, without limiting the generality of the foregoing, the failure to conduct any foreclosure or other remedy fairly, in a commercially reasonable manner, or in such a way so as to obtain the best possible price or a favorable price or otherwise act or fail to act;.

Appears in 2 contracts

Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)

Care and Diligence. The failure of any Credit Party or any other party to exercise diligence or reasonable care or act, fail to act, or comply with any duty in the administration, preservation, protection, enforcement, sale sale, application, disposal, or other handling or treatment of all or any part of the Guaranteed Debt or any collateral, property, or security at any time securing any portion thereof, including, without limiting the generality of the foregoing, the failure to conduct any foreclosure or other remedy fairly, in a commercially reasonable manner, or in such a way so as to obtain the best possible price or a favorable price or otherwise act or fail to act;

Appears in 1 contract

Samples: Exchange Agreement (Protection One Alarm Monitoring Inc)

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Care and Diligence. The failure of any Credit Party or any other party to exercise diligence or reasonable care or act, fail to act, or comply with any duty in the administration, preservation, protection, enforcement, sale application, disposal, or other handling or treatment of all or any part of the Guaranteed Debt or any collateral, property, or security at any time securing any portion thereof, including, without limiting the generality of the foregoing, the failure to conduct any foreclosure or other remedy fairly, in a commercially reasonable manner, or in such a way so as to obtain the best possible price or a favorable price or otherwise act or fail to act;

Appears in 1 contract

Samples: Credit Agreement (Prologis Trust)

Care and Diligence. The failure of any Guaranteed Credit Party Party, Collateral Agent or any other party to exercise diligence or reasonable care or to act, fail to act, act or comply with any duty in the administration, preservation, protection, enforcement, sale application, disposal, disposal or other handling or treatment of all or any part of the Guaranteed Debt Obligations or any collateral, property, property or security at any time securing any portion thereof, including, without limiting the generality of the foregoing, including the failure to conduct any foreclosure or exercise any other remedy fairly, in a commercially reasonable manner, or in such a way so as to obtain the best possible price or a favorable price or otherwise act or fail to act;

Appears in 1 contract

Samples: Global Senior Credit Agreement (Prologis)

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