Collateral Agent Has No Duty. 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 as 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: Partnership Pledge Agreement (Foamex Fibers Inc), Subsidiary Security Agreement (Foamex Fibers Inc), Subsidiary Security Agreement (Foamex Fibers Inc)
Collateral Agent Has No Duty. In addition to, and not in limitation of, Section 2.4, the 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 as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral.
Appears in 8 contracts
Samples: Security Agreement (NovaRay Medical, Inc.), Security Agreement (NovaRay Medical, Inc.), Security Agreement (Atlantic Express Transportation Corp)
Collateral Agent Has No Duty. In addition to, and not in limitation of, Section 2.4, the 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 as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral.responsibility for
Appears in 3 contracts
Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (Ferro Corp), Credit Agreement (SWIFT TRANSPORTATION Co)
Collateral Agent Has No Duty. In addition to, and not in limitation of, Section 2.4, the 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 as to the responsibility for taking of 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. In addition to, and not in limitation of, Section 2.4, the 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 as to the responsibility for taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral.
Appears in 2 contracts
Samples: Term Loan Agreement (LSB Industries Inc), Security Agreement (Sweetheart Holdings Inc \De\)
Collateral Agent Has No Duty. 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 as 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. In addition to, and not in limitation of, Section 2.4, the 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 as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral.responsibility for:
Appears in 1 contract
Collateral Agent Has No Duty. In addition to, and not in limitation of, Section 2.4, the The powers conferred on the Collateral Agent hereunder are solely to protect its interest (on behalf of the Secured Parties) in the Security Agreement Collateral and shall not impose any duty on upon it to exercise any such powers. Except for reasonable care of any Collateral as provided in its possession and SECTION 2.7, the accounting for moneys actually received by it hereunderhereunder and other duties imposed by the UCC upon secured creditors (unless otherwise modified hereby), the Collateral Agent shall have no duty as to any Security Agreement Collateral or as to the responsibility for taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Security Agreement Collateral.
Appears in 1 contract
Samples: Security Agreement (Chiquita Brands International Inc)
Collateral Agent Has No Duty. In addition to, and not in limitation of, Section 2.4, the 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 as to the responsibility for taking of 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. 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 as 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. In addition to, and not in limitation of, Section 2.4, the 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 as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral.responsibility for
Appears in 1 contract
Collateral Agent Has No Duty. In addition to, and not in limitation of, Section 2.4, the 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 as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral.responsibility for
Appears in 1 contract
Samples: Credit Agreement (Hanesbrands Inc.)
Collateral Agent Has No Duty. In addition to, and not in limitation of, Section 2.4, the 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 as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Collateral.responsibility for
Appears in 1 contract
Samples: Indenture (Unwired Telecom Corp)