Care of Collateral. Lender shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if it takes such action for that purpose as Borrower requests in writing, but failure of Lender to comply with such request shall not, of itself, be deemed a failure to exercise reasonable care, and no failure of Lender to preserve or protect any rights with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by Borrower, shall be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 5 contracts
Samples: Loan and Security Agreement (Elxsi Corp /De//), Loan and Security Agreement (Elxsi Corp /De//), Loan and Security Agreement (Elxsi Corp /De//)
Care of Collateral. The Lender shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if it takes such action for that purpose as the Borrower requests in writing, but failure of the Lender to comply with such request shall not, of itself, be deemed a failure to exercise reasonable care, and no failure of the Lender to preserve or protect any rights with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrower, shall be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 4 contracts
Samples: Credit and Security Agreement (Cryenco Sciences Inc), Credit and Security Agreement (Lifecore Biomedical Inc), Credit and Security Agreement (Premiumwear Inc)
Care of Collateral. Lender shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if it takes such action for that purpose as Borrower requests in writing, but failure of Lender to comply with such request shall not, of itself, be deemed a failure to exercise reasonable care, and no failure of Lender to preserve or protect any rights with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by Borrower, shall shall, in and of itself, be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Elxsi Corp /De//), Loan and Security Agreement (Elxsi Corp /De//)
Care of Collateral. Lender shall be deemed to have exercised reasonable care in the custody and preservation of any the Collateral in its possession if it takes such action for that purpose as Borrower requests in writing, but failure of Lender to comply with any such request shall not, not of itself, itself be deemed a failure to exercise reasonable care, and no failure of Lender to preserve or protect any rights with respect to such Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by Borrower, parties shall be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
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Care of Collateral. Lender shall be deemed to have exercised reasonable care in the custody and preservation of any the Collateral in its possession if it takes such action for that purpose as Borrower requests shall request in writing, but failure of Lender to comply with any such request shall not, not of itself, itself be deemed a failure to exercise reasonable care, and no failure of Lender to preserve or protect any rights with respect to such the Collateral against prior parties, or to do any act with respect to the preservation of such the Collateral not so requested by Borrower, Borrower shall be deemed a failure to exercise reasonable care in the custody or preservation of such the Collateral.
Appears in 1 contract
Samples: Collateral Trademark Security Agreement (Rainbow Rentals Inc)
Care of Collateral. Lender shall be deemed to have exercised reasonable care in the custody and preservation of any the Collateral in its possession if it Lender takes such action for that purpose as Borrower Pledgor requests in writing, but failure of Lender to comply with any such request shall not, not of itself, itself be deemed a failure to exercise reasonable care, and no failure of Lender to preserve or protect any rights with respect to such the Collateral against prior or other parties, or to do any act with respect to the preservation of such the Collateral not so requested by BorrowerPledgor, shall be deemed a failure to exercise reasonable care in the custody or preservation of such the Collateral.
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