Common use of Collateral Agent’s Obligations and Duties Clause in Contracts

Collateral Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Maker shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Maker thereunder. The Collateral Agent shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Security Agreement or the receipt by the Collateral Agent of any payment relating to any of the Collateral, nor shall the Collateral Agent be obligated in any manner to perform any of the obligations of the Maker under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Collateral Agent in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Collateral Agent or to which the Collateral Agent may be entitled at any time or times. Other than as required under § 9-207 of the Uniform Commercial Code of the State, the Collateral Agent’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, shall be to deal with such Collateral in the same manner as the Collateral Agent deals with similar property for its own account.

Appears in 2 contracts

Samples: Security Agreement (Evolving Systems Inc), Security Agreement (Evolving Systems Inc)

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Collateral Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Maker Company shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Maker Company thereunder. The Collateral Agent shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Security Agreement or the receipt by the Collateral Agent of any payment relating to any of the Collateral, nor shall the Collateral Agent be obligated in any manner to perform any of the obligations of the Maker Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Collateral Agent in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Collateral Agent or to which the Collateral Agent may be entitled at any time or times. Other than as required under § 9-207 of the Uniform Commercial Code of the State, the The Collateral Agent’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Collateral Agent deals with similar property for its own account.

Appears in 2 contracts

Samples: Security Agreement (Digipath, Inc.), Security Agreement (Gvi Security Solutions Inc)

Collateral Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Maker each Grantor shall remain obligated and liable under each contract contract, agreement or agreement instrument comprised in the Collateral to be observed or performed by the Maker such Grantor thereunder. The Collateral Agent shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Security Agreement or the receipt by the Collateral Agent of any payment relating to any of the Collateral, nor shall the Collateral Agent be obligated in any manner to perform any of the obligations of the Maker any Grantor under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Collateral Agent in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Collateral Agent or to which the Collateral Agent may be entitled at any time or times. Other than as required under § 9-207 of the Uniform Commercial Code of the State, the The Collateral Agent’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under Section 9-207 of the NYUCC or otherwise, shall be to deal with such Collateral in the same manner as the Collateral Agent deals with similar property for its own account.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Reliant Resources Inc)

Collateral Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Maker each Grantor shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Maker Grantor thereunder. The Collateral Agent shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Security Agreement or the receipt by the Collateral Agent of any payment relating to any of the Collateral, nor shall the Collateral Agent be obligated in any manner to perform any of the obligations of the Maker Grantor under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Collateral Agent in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Collateral Agent or to which the Collateral Agent may be entitled at any time or times. Other than as required under § 9-207 of the Uniform Commercial Code of the State, the The Collateral Agent’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under ss.9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Collateral Agent deals with similar property for its own account.

Appears in 1 contract

Samples: Pledge and Security Agreement (TRUEYOU.COM)

Collateral Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Maker Company shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Maker Company thereunder. The Collateral Agent shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Security Agreement or the receipt by the Collateral Agent of any payment relating to any of the Collateral, nor shall the Collateral Agent be obligated in any manner to perform any of the obligations of the Maker Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Collateral Agent in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Collateral Agent or to which the Collateral Agent may be entitled at any time or times. Other than as required under § 9-207 of the Uniform Commercial Code of the State, the The Collateral Agent’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Collateral Agent deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Ipsidy Inc.)

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Collateral Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Maker each Grantor shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Maker such Grantor thereunder. The Neither the Collateral Agent nor any Holder shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Security Agreement or the receipt by the Collateral Agent or any Holder of any payment relating to any of the Collateral, nor shall the Collateral Agent or any Holder be obligated in any manner to perform any of the obligations of the Maker any Grantor under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Collateral Agent or any Holder in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Collateral Agent or to which the Collateral Agent or any Holder may be entitled at any time or times. Other than as required under § 9-207 of the Uniform Commercial Code of the State, the The Collateral Agent’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Collateral Agent deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (National Investment Managers Inc.)

Collateral Agent’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Maker Debtor shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Maker Debtor thereunder. The Collateral Agent shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Security Agreement or the receipt by the Collateral Agent of any payment relating to any of the Collateral, nor shall the Collateral Agent be obligated in any manner to perform any of the obligations of the Maker Debtor under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Collateral Agent in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Collateral Agent or to which the Collateral Agent may be entitled at any time or times. Other than as required under § 9-207 of the Uniform Commercial Code of the State, the Collateral Agent’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under Section 9a-207 of the Uniform Commercial Code or otherwise, shall be to deal with such Collateral in the same manner as the Collateral Agent deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Franklin Covey Co)

Collateral Agent’s Obligations and Duties. Anything herein ----------------------------------------- to the contrary notwithstanding, the Maker each Company shall remain obligated and liable under each contract or agreement comprised contained in the Collateral to be observed or performed by Collateral. Neither the Maker thereunder. The Collateral Agent nor any Noteholder or Bank shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Security Agreement or the receipt by the Collateral Agent Agent, any Noteholder or Bank of any payment relating to any of the Collateral. Neither the Collateral Agent, nor any Noteholder or Bank shall the Collateral Agent be obligated in any manner to perform any of the obligations of the Maker any Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Collateral Agent in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Collateral Agent or to which the Collateral Agent Agent, any Noteholder or Bank may be entitled at any time or times. Other than as required under § 9-207 of the Uniform Commercial Code of the State, the The Collateral Agent’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under (S)9207 of the Uniform Commercial Code of the State of New York or otherwise, shall be to deal with such Collateral in the same manner as the Collateral Agent deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (C Quential Inc)

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