Collateral Related Matters. This Agreement does not contemplate a sale of Accounts or chattel paper, and, as provided by law, Company is entitled to any surplus and shall remain liable for any deficiency. Xxxxx Fargo’s duty of care with respect to Collateral in its possession (as imposed by law) will be deemed fulfilled if it exercises reasonable care in physically keeping such Collateral, or in the case of Collateral in the custody or possession of a bailee or other third Person, exercises reasonable care in the selection of the bailee or third Person, and Xxxxx Fargo need not otherwise preserve, protect, insure or care for such Collateral. Xxxxx Fargo shall not be obligated to preserve rights Company may have against prior parties, to liquidate the Collateral at all or in any particular manner or order or apply the Proceeds of the Collateral in any particular order of application. Xxxxx Fargo has no obligation to clean-up or prepare Collateral for sale. Company waives any right it may have to require Xxxxx Fargo to pursue any third Person for any of the Indebtedness.
Appears in 11 contracts
Samples: Credit and Security Agreement, Credit and Security Agreement (Nortech Systems Inc), Credit and Security Agreement (Winnebago Industries Inc)
Collateral Related Matters. This Agreement does not contemplate a sale of Accounts or chattel paper, and, as provided by law, Company is entitled to any surplus and shall remain liable for any deficiency. Xxxxx Wxxxx Fargo’s duty of care with respect to Collateral in its possession (as imposed by law) will be deemed fulfilled if it exercises reasonable care in physically keeping such Collateral, or in the case of Collateral in the custody or possession of a bailee or other third Person, exercises reasonable care in the selection of the bailee or third Person, and Xxxxx Wxxxx Fargo need not otherwise preserve, protect, insure or care for such Collateral. Xxxxx Wxxxx Fargo shall not be obligated to preserve rights Company may have against prior parties, to liquidate the Collateral at all or in any particular manner or order or apply the Proceeds of the Collateral in any particular order of application. Xxxxx Wxxxx Fargo has no obligation to clean-up or prepare Collateral for sale. Company waives any right it may have to require Xxxxx Wxxxx Fargo to pursue any third Person for any of the Indebtedness.
Appears in 3 contracts
Samples: Credit and Security Agreement (Iridex Corp), Credit and Security Agreement (Merrimac Industries Inc), Credit and Security Agreement (Iridex Corp)
Collateral Related Matters. This Agreement does not contemplate a sale of Accounts or chattel paper, and, as provided by law, each Company is entitled to any surplus and shall remain liable for any deficiency. Xxxxx Fargo’s duty of care with respect to Collateral in its possession (as imposed by law) will be deemed fulfilled if it exercises reasonable care in physically keeping such Collateral, or in the case of Collateral in the custody or possession of a bailee or other third Person, exercises reasonable care in the selection of the bailee or third Person, and Xxxxx Fargo need not otherwise preserve, protect, insure or care for such Collateral. Xxxxx Fargo shall not be obligated to preserve rights Company Companies may have against prior parties, to liquidate the Collateral at all or in any particular manner or order or apply the Proceeds of the Collateral in any particular order of application. Xxxxx Fargo has no obligation to clean-up or prepare Collateral for sale. Each Company waives any right it may have to require Xxxxx Fargo to pursue any third Person for any of the Indebtedness.
Appears in 2 contracts
Samples: Credit and Security Agreement (Phoenix Footwear Group Inc), Credit and Security Agreement (Phoenix Footwear Group Inc)
Collateral Related Matters. This Agreement does not contemplate a sale of Accounts or chattel paper, and, as provided by law, Company Parent is entitled to any surplus and shall remain liable for any deficiency. Xxxxx Fargo’s duty of care with respect to Collateral in its possession (as imposed by law) will be deemed fulfilled if it exercises reasonable care in physically keeping such Collateral, or in the case of Collateral in the custody or possession of a bailee or other third Person, exercises reasonable care in the selection of the bailee or third Person, and Xxxxx Fargo need not otherwise preserve, protect, insure or care for such Collateral. Xxxxx Fargo shall not be obligated to preserve rights Company Parent may have against prior parties, to liquidate the Collateral at all or in any particular manner or order or apply the Proceeds of the Collateral in any particular order of application. Xxxxx Fargo has no obligation to clean-up or prepare Collateral for sale. Company Parent waives any right it may have to require Xxxxx Fargo to pursue any third Person for any of the Indebtedness.
Appears in 2 contracts
Samples: Credit and Security Agreement (Tandy Brands Accessories Inc), Credit and Security Agreement (Tandy Brands Accessories Inc)
Collateral Related Matters. This Agreement does not contemplate a sale of Accounts or chattel paper, and, as provided by law, Company is entitled to any surplus and shall remain liable for any deficiency. Xxxxx Wxxxx Fargo’s 's duty of care with respect to Collateral in its possession (as imposed by law) will be deemed fulfilled if it exercises reasonable care in physically keeping such Collateral, or in the case of Collateral in the custody or possession of a bailee or other third Person, exercises reasonable care in the selection of the bailee or third Person, and Xxxxx Wxxxx Fargo need not otherwise preserve, protect, insure or care for such Collateral. Xxxxx Wxxxx Fargo shall not be obligated to preserve rights Company may have against prior parties, to liquidate the Collateral at all or in any particular manner or order or apply the Proceeds of the Collateral in any particular order of application. Xxxxx Wxxxx Fargo has no obligation to clean-up or prepare Collateral for sale. Company waives any right it may have to require Xxxxx Wxxxx Fargo to pursue any third Person for any of the Indebtedness.
Appears in 2 contracts
Samples: Credit and Security Agreement (Spectranetics Corp), Credit and Security Agreement (Emcore Corp)
Collateral Related Matters. This Agreement does not contemplate a sale of Accounts or chattel paper, and, as provided by law, each Company is entitled to any surplus and shall remain liable for any deficiency. Xxxxx Wxxxx Fargo’s 's duty of care with respect to Collateral in its possession (as imposed by law) will be deemed fulfilled if it exercises reasonable care in physically keeping such Collateral, or in the case of Collateral in the custody or possession of a bailee or other third Person, exercises reasonable care in the selection of the bailee or third Person, and Xxxxx Wxxxx Fargo need not otherwise preserve, protect, insure or care for such Collateral. Xxxxx Wxxxx Fargo shall not be obligated to preserve rights any Company may have against prior parties, to liquidate the Collateral at all or in any particular manner or order or apply the Proceeds of the Collateral in any particular order of application. Xxxxx Wxxxx Fargo has no obligation to clean-up or prepare Collateral for sale. Each Company waives any right it may have to require Xxxxx Wxxxx Fargo to pursue any third Person for any of the Indebtedness.
Appears in 1 contract
Samples: Credit and Security Agreement (Adams Resources & Energy, Inc.)
Collateral Related Matters. This Agreement does not contemplate a sale of Accounts or chattel paper, Chattel Paper and, as provided by law, Company is Borrowers are entitled to any surplus and shall remain liable for any deficiency. Xxxxx FargoLender’s duty of care with respect to Collateral in its possession (as imposed by law) will be deemed fulfilled if it exercises reasonable care in physically keeping such Collateral, or in the case of Collateral in the custody or possession of a bailee or other third Person, exercises reasonable care in the selection of the bailee or third Person, and Xxxxx Fargo Lender need not otherwise preserve, protect, insure or care for such Collateral. Xxxxx Fargo Lender shall not be obligated to preserve rights Company Borrowers may have against prior parties, to liquidate the Collateral at all or in any particular manner or order or apply the Proceeds of the Collateral in any particular order of application. Xxxxx Fargo Lender has no obligation to clean-clean up or prepare Collateral for sale. Company waives Borrowers waive any right it they may have to require Xxxxx Fargo Lender to pursue any third Person for any of the IndebtednessObligations.
Appears in 1 contract
Samples: Credit and Security Agreement (Frederick's of Hollywood Group Inc /Ny/)
Collateral Related Matters. This Agreement does not contemplate a sale of Accounts or chattel paper, and, as provided by law, Company Borrower is entitled to any surplus and shall remain liable for any deficiency. Xxxxx Fargo’s duty of care with respect to Collateral in its possession (as imposed by law) will be deemed fulfilled if it exercises reasonable care in physically keeping such Collateral, or in the case of Collateral in the custody or possession of a bailee or other third Person, exercises reasonable care in the selection of the bailee or third Person, and Xxxxx Fargo need not otherwise preserve, protect, insure or care for such Collateral. Xxxxx Fargo shall not be obligated to preserve rights Company Borrower may have against prior parties, to liquidate the Collateral at all or in any particular manner or order or apply the Proceeds of the Collateral in any particular order of application. Xxxxx Fargo has no obligation to clean-up or prepare Collateral for sale. Company Borrower waives any right it may have to require Xxxxx Fargo to pursue any third Person for any of the Indebtedness.
Appears in 1 contract
Samples: Credit and Security Agreement (Command Security Corp)