Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 28 contracts
Samples: Pledge and Security Agreement (Ferro Corp), Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (Ferro Corp)
Collateral Agent Has No Duty. The In addition to, and not in limitation of, Section 2.4, the powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility foras to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral.
Appears in 22 contracts
Samples: Subsidiary Security Agreement (Foamex International Inc), Subsidiary Security Agreement (Foamex Fibers Inc), New Gfi Security Agreement (Foamex Capital Corp)
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for.
Appears in 8 contracts
Samples: Security Agreement (NovaRay Medical, Inc.), Security Agreement (Atlantic Express Transportation Corp), Security Agreement (Atlantic Express Transportation Corp)
Collateral Agent Has No Duty. The In addition to, and not in limitation of, Section 2.6, the powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 6 contracts
Samples: Security Agreement (Edgen Louisiana CORP), Pledge and Security Agreement (New World Restaurant Group Inc), Security Agreement (Golfsmith International Holdings Inc)
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for:
Appears in 4 contracts
Samples: Intercreditor Agreement (Canada Goose Holdings Inc.), Intercreditor Agreement (Canada Goose Holdings Inc.), Intercreditor Agreement (Canada Goose Holdings Inc.)
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and possession, the accounting for moneys actually received by it hereunderhereunder and, except to the extent of the gross negligence, bad faith or willful misconduct of the Collateral Agent or any of its respective officers, directors, employees or agents, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 3 contracts
Samples: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.), Pledge and Security Agreement (Hanesbrands Inc.)
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility forfor taking any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral.
Appears in 2 contracts
Samples: Assignment and Assumption (LSB Industries Inc), Security Agreement (Sweetheart Holdings Inc \De\)
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Holders of the Senior Secured PartiesNotes) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for the reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 2 contracts
Samples: Stock Pledge and Security Agreement (Sterling Chemical Inc), Stock Pledge and Security Agreement (Sterling Chemical Inc)
Collateral Agent Has No Duty. The In addition to, and not in limitation of, Section 2.4, the powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for the exercise of reasonable care of over any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility foras to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral.
Appears in 2 contracts
Samples: Credit Agreement (Atlantic Power Corp), Credit Agreement (U.S. Shipping Partners L.P.)
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Pledged Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Pledged Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Pledged Collateral or responsibility forfor taking any necessary steps to preserve rights against prior parties or any other rights pertaining to any Pledged Collateral.
Appears in 2 contracts
Samples: Credit Agreement (Willbros Group Inc), Credit Agreement (Willbros Group Inc)
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent and the Lender hereunder are solely to protect its their interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it them to exercise any such powers. Except for reasonable care of any Collateral in its their possession and the accounting for moneys actually received by it hereunder, the Collateral Agent and the Lender shall have no duty as to any Collateral or responsibility for
Appears in 2 contracts
Samples: Share Pledge Agreement (Mad Catz Interactive Inc), Share Pledge Agreement (Mad Catz Interactive Inc)
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 2 contracts
Samples: Security Agreement (Biolex, Inc.), Note Purchase and Security Agreement (New World Coffee Manhattan Bagel Inc)
Collateral Agent Has No Duty. The powers conferred on the ---------------------------- Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured PartiesHolders of the Notes) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for the reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 2 contracts
Samples: Pledge and Security Agreement (Unwired Telecom Corp), Pledge and Security Agreement (Unwired Telecom Corp)
Collateral Agent Has No Duty. The powers and discretionary rights conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured PartiesBank) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its actual possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 1 contract
Samples: Reimbursement Agreement (Public Service Co of New Mexico)
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of itself and on behalf of the Secured Protected Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 1 contract
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Collateral Agent and the Holders of the Senior Secured PartiesNotes) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for:
Appears in 1 contract
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its the interest of the Trustee (on behalf of the Secured PartiesHolders) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for:
Appears in 1 contract
Collateral Agent Has No Duty. The In addition to, and not in limitation of, Section 2.4, the powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Lender Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for the exercise of reasonable care of over any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility foras to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral.
Appears in 1 contract
Collateral Agent Has No Duty. The In addition to, and not in limitation of, Section 2.4, the powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of itself, the Secured PartiesTrustee and the Holders) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 1 contract
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Pledged Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Pledged Collateral in its possession and the accounting for moneys or other property actually received by it hereunder, the Collateral Agent shall have no duty as to any Pledged Collateral or responsibility forfor taking any necessary steps to preserve rights against prior parties or any other rights pertaining to any Pledged Collateral.
Appears in 1 contract
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not 509265-1512-14307-Active.15876723.115876723.10 impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (SWIFT TRANSPORTATION Co)
Collateral Agent Has No Duty. The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured PartiesNote Holders) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for:
Appears in 1 contract
Collateral Agent Has No Duty. The In addition to, and not in limitation of, Section 2.3, the powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it to exercise any such powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 1 contract
Collateral Agent Has No Duty. The In addition to, and not in limitation of, SECTION 2.5, the authority and powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Collateral and shall not impose any duty on it to exercise any such authority and powers. Except for reasonable care of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Collateral Agent shall have no duty as to any Collateral or responsibility for
Appears in 1 contract
