Common use of Dealing with the Collateral Clause in Contracts

Dealing with the Collateral. (1) The Collateral Agent and the Secured Parties are not obliged to exhaust their recourse against the Obligors or any other Person or against any other security they may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent may consider desirable. (2) The Collateral Agent and the Secured Parties may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Obligors and with other Persons, sureties or securities as they may see fit without prejudice to the Secured Obligations, the liability of the Obligors or the rights of the Collateral Agent and the Secured Parties in respect of the Collateral. (3) Except as otherwise provided by law or this Agreement, the Collateral Agent and the Secured Parties are not (i) liable or accountable for any failure to collect, realize or obtain payment in respect of the Collateral, (ii) bound to institute proceedings for the purpose of collecting, enforcing, realizing or obtaining payment of the Collateral or for the purpose of preserving any rights of any Persons in respect of the Collateral, (iii) responsible for any loss occasioned by any sale or other dealing with the Collateral or by the retention of or failure to sell or otherwise deal with the Collateral, or (iv) bound to protect the Collateral from depreciating in value or becoming worthless.

Appears in 4 contracts

Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis South America Holdings LLC)

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Dealing with the Collateral. (1) The Collateral Agent and the Secured Parties Creditors are not obliged to exhaust their recourse against the Obligors Obligor or any other Person or against any other security they may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent may consider desirable. (2) The Collateral Agent and the Secured Parties Creditors may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Obligors Obligor and with other Persons, sureties or securities as they may see fit without prejudice to the Secured Obligations, the liability of the Obligors Obligor or the rights of the Collateral Agent and the Secured Parties Creditors in respect of the Collateral. (3) Except as otherwise provided by law or this Agreement, the Collateral Agent and the Secured Parties Creditors are not (i) liable or accountable for any failure to collect, realize or obtain payment in respect of the Collateral, (ii) bound to institute proceedings for the purpose of collecting, enforcing, realizing or obtaining payment of the Collateral or for the purpose of preserving any rights of any Persons in respect of the Collateral, (iii) responsible for any loss occasioned by any sale or other dealing with the Collateral or by the retention of or failure to sell or otherwise deal with the Collateral, or (iv) bound to protect the Collateral from depreciating in value or becoming worthless.

Appears in 3 contracts

Samples: Credit Agreement (Bway Parent Company, Inc.), Security Agreement (BWAY Holding CO), Security Agreement (Bway Corp)

Dealing with the Collateral. (1) The Collateral Agent and the Secured Parties are Creditors shall not be obliged to exhaust their recourse against the Obligors Obligor or any other Person or against any other security they may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent may consider desirable. (2) The Collateral Agent and the Secured Parties Creditors may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Obligors Obligor and with other Persons, sureties or securities as they may see fit without prejudice to the Secured Obligations, the liability of the Obligors Obligor or the rights of the Collateral Agent and the Secured Parties Creditors in respect of the Collateral. (3) Except as otherwise provided by law or this Agreementsecurity agreement (including Section 2.6(3), the Collateral Agent and the Secured Parties are Creditors shall not be (i) liable or accountable for any failure to collect, realize or obtain payment in respect of the Collateral, (ii) bound to institute proceedings for the purpose of collecting, enforcing, realizing or obtaining payment of the Collateral or for the purpose of preserving any rights of any Persons persons in respect of the Collateral, (iii) responsible for any loss occasioned by any sale or other dealing with the Collateral or by the retention of or failure to sell or otherwise deal with the Collateral, or (iv) bound to protect the Collateral from depreciating in value or becoming worthless.

Appears in 3 contracts

Samples: Canadian Security Agreement (Williams Scotsman Inc), Canadian Security Agreement (Williams Scotsman International Inc), Canadian Security Agreement (Williams Scotsman of Canada Inc)

Dealing with the Collateral. (1) The Collateral Agent and the Secured Parties Creditors are not obliged to exhaust their recourse against any of the Obligors or any other Person or against any other security they may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent may consider desirable. (2) The Collateral Agent and the Secured Parties Creditors may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with each of the Obligors and with other Persons, sureties or securities as they may see fit without prejudice to the Secured Obligations, the liability of the Obligors applicable Obligor or the rights of the Collateral Agent and the Secured Parties Creditors in respect of the Collateral. (3) Except as otherwise provided by law or this Agreement, the Collateral Agent and the Secured Parties Creditors are not (i) liable or accountable for any failure to collect, realize or obtain payment in respect of the Collateral, (ii) bound to institute proceedings for the purpose of collecting, enforcing, realizing or obtaining payment of the Collateral or for the purpose of preserving any rights of any Persons in respect of the Collateral, (iii) responsible for any loss occasioned by any sale or other dealing with the Collateral or by the retention of or failure to sell or otherwise deal with the Collateral, or (iv) bound to protect the Collateral from depreciating in value or becoming worthless.

Appears in 2 contracts

Samples: Security Agreement (Johnstone Tank Trucking Ltd.), Security Agreement (Johnstone Tank Trucking Ltd.)

Dealing with the Collateral. (1) The Collateral Agent and the Secured Parties are Creditors shall not be obliged to exhaust their recourse against the Obligors Obligor or any other Person or against any other security they may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent may consider desirable. (2) The Collateral Agent and the Secured Parties Creditors may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Obligors Obligor and with other Persons, sureties or securities as they may see fit without prejudice to the Secured Obligations, the liability of the Obligors Obligor or the rights of the Collateral Agent and the Secured Parties Creditors in respect of the Collateral. (3) Except as otherwise provided by law or this Agreementsecurity agreement, the Collateral Agent and the Secured Parties are Creditors shall not be (i) liable or accountable for any failure to collect, realize or obtain payment in respect of the Collateral, (ii) bound to institute proceedings for the purpose of collecting, enforcing, realizing or obtaining payment of the Collateral or for the purpose of preserving any rights of any Persons persons in respect of the Collateral, (iii) responsible for any loss occasioned by any sale or other dealing with the Collateral or by the retention of or failure to sell or otherwise deal with the Collateral, or (iv) bound to protect the Collateral from depreciating in value or becoming worthless.

Appears in 2 contracts

Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)

Dealing with the Collateral. (1) The Collateral Agent and the Secured Parties Creditors are not obliged to exhaust their recourse against the Obligors any Obligor or any other Person or against any other security they may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent may consider desirable. (2) The Collateral Agent and the Secured Parties Creditors may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Obligors any Obligor and with other Persons, sureties or securities as they may see fit without prejudice to the Secured Obligations, the liability of the Obligors such Obligor or the rights of the Collateral Agent and the Secured Parties Creditors in respect of the Collateral. (3) Except as otherwise provided by law or this Agreement, the Collateral Agent and the Secured Parties Creditors are not (i) liable or accountable for any failure to collect, realize or obtain payment in respect of the Collateral, (ii) bound to institute proceedings for the purpose of collecting, enforcing, realizing or obtaining payment of the Collateral or for the purpose of preserving any rights of any Persons in respect of the Collateral, (iii) responsible for any loss occasioned by any sale or other dealing with the Collateral or by the retention of or failure to sell or otherwise deal with the Collateral, or (iv) bound to protect the Collateral from depreciating in value or becoming worthless.

Appears in 2 contracts

Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)

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Dealing with the Collateral. (1) The Collateral Agent and the Secured Parties are Creditors shall not be obliged to exhaust their recourse against the Obligors Obligor or any other Person or against any other security they may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent may consider desirable. (2) The Collateral Agent and the Secured Parties Creditors may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Obligors Obligor and with other Persons, sureties or securities as they may see fit without prejudice to the Secured Obligations, the liability of the Obligors Obligor or the rights of the Collateral Agent and the Secured Parties Creditors in respect of the Collateral. (3) Except as otherwise provided by law or this Agreementamended and restated security agreement, the Collateral Agent and the Secured Parties are Creditors shall not be (i) liable or accountable for any failure to collect, realize or obtain payment in respect of the Collateral, (ii) bound to institute proceedings for the purpose of collecting, enforcing, realizing or obtaining payment of the Collateral or for the purpose of preserving any rights of any Persons persons in respect of the Collateral, (iii) responsible for any loss occasioned by any sale or other dealing with the Collateral or by the retention of or failure to sell or otherwise deal with the Collateral, or (iv) bound to protect the Collateral from depreciating in value or becoming worthless.

Appears in 2 contracts

Samples: Security Agreement (Avery Berkel Holdings LTD), Security Agreement (Avery Berkel Holdings LTD)

Dealing with the Collateral. (1) The Collateral Agent and the Secured Parties are Creditors shall not be obliged to exhaust their recourse against the Obligors Obligor or any other Person or against any other security they may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent may consider desirable. (2) The Collateral Agent and the Secured Parties Creditors may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Obligors Obligor, and with other Persons, sureties or securities as they may see fit without prejudice to the Secured Obligations, the liability of the Obligors Obligor or the rights of the Collateral Agent and the Secured Parties Creditors in respect of the Collateral. (3) Except as otherwise provided by law or this Agreementsecurities pledge agreement, the Collateral Agent and the Secured Parties are Creditors shall not be (i) liable or accountable for any failure to collect, realize or obtain payment in respect of the Collateral, (ii) bound to institute proceedings for the purpose of collecting, enforcing, realizing or obtaining payment of the Collateral or for the purpose of preserving any rights of any Persons in respect of the CollateralPersons, (iii) responsible for any loss occasioned by any sale or other dealing with the Collateral or by the retention of or failure to sell or otherwise deal with the Collateral, or (iv) bound to protect the Collateral from depreciating in value or becoming worthless.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Avery Berkel Holdings LTD), Securities Pledge Agreement (Avery Berkel Holdings LTD)

Dealing with the Collateral. (1) The Collateral Agent and the other Secured Parties are not obliged to exhaust their recourse against the Obligors any Grantor or any other Person or against any other security they may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent may consider desirable. (2) The Collateral Agent and the other Secured Parties may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Obligors any Grantor and with other Persons, sureties or securities as they may see fit without prejudice to the Secured Obligations, the liability of the Obligors such Grantor or the rights of the Collateral Agent and the other Secured Parties in respect of the Collateral. (3) Except as otherwise provided by law or this Agreement, the Collateral Agent and the other Secured Parties are not (i) liable or accountable for any failure to collect, realize or obtain payment in respect of the Collateral, (ii) bound to institute proceedings for the purpose of collecting, enforcing, realizing or obtaining payment of the Collateral or for the purpose of preserving any rights of any Persons in respect of the Collateral, (iii) responsible for any loss occasioned by any sale or other dealing with the Collateral or by the retention of or failure to sell or otherwise deal with the Collateral, or (iv) bound to protect the Collateral from depreciating in value or becoming worthless.

Appears in 1 contract

Samples: Abl Credit Agreement (Affinia Group Holdings Inc.)

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