Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Borrower shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right 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 of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 3 contracts
Samples: Term Loan and Security Agreement (Strawberry Fields REIT, Inc.), Term Loan and Security Agreement (Strawberry Fields REIT, Inc.), Term Loan and Security Agreement (Strawberry Fields REIT, Inc.)
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the any Borrower shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right 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, Borrowers shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 3 contracts
Samples: Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp)
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Borrower Borrowers shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right 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 a Borrower, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 2 contracts
Samples: Subordinated Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Summit Healthcare REIT, Inc)
Custody and Preservation of Collateral. The Agent shall be deemed to -------------------------------------- have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Borrower shall request Company requests in writing, but failure by of the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by of the Agent to preserve or protect any right 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 Borroweran Assignor, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 2 contracts
Samples: Security Agreement (Impac Group Inc /De/), Security Agreement (Impac Group Inc /De/)
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Borrower shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right 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 of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Samples: Mezzanine Term Loan and Security Agreement (Summit Healthcare REIT, Inc)
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its 63 70 possession if it takes such action for that purpose as the Borrower any Obligor shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right 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, any Obligor shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Action Performance Companies Inc)
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Borrower Debtor shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right 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 BorrowerDebtor, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
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Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Borrower shall request applicable Debtor requests in writing, but failure by of the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by of the Agent to preserve or protect any right 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 Borrowersuch Debtor, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Samples: Credit Agreement (Oshkosh Corp)
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Borrower shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right 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 a Borrower, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Phoenix Footwear Group Inc)
Custody and Preservation of Collateral. The Agent shall be deemed to -------------------------------------- have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Borrower shall request Company requests in writing, but failure by of the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by of the Agent to preserve or protect any right 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 BorrowerCompany, shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
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Custody and Preservation of Collateral. The Agent shall be deemed to have exercised use reasonable care in the custody and preservation of any of the Collateral in its possession from time to time. The Agent shall be deemed to have so exercised reasonable care if it takes such action for that purpose as the Borrower shall request applicable Debtor requests in writing, but failure by of the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by of the Agent to preserve or protect any right 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 Borrowersuch Debtor, in each case shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Samples: Credit Agreement (Oshkosh Corp)
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Borrower Representative shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right 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, Borrower Representative shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Samples: Credit Agreement (Multiband Corp)
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Borrower shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right 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, Borrower shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
Custody and Preservation of Collateral. The Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral in its possession if it takes such action for that purpose as the Borrower shall request in writing, but failure by the Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure by the Agent to preserve or protect any right with respect to such 100 Collateral against prior parties, or to do any act with respect to the preservation of such Collateral not so requested by the Borrower, Borrower shall of itself be deemed a failure to exercise reasonable care in the custody or preservation of such Collateral.
Appears in 1 contract
