Common use of Dealing with the Collateral Clause in Contracts

Dealing with the Collateral. (1) The Collateral Agent shall not be obliged to exhaust its recourse against the Grantor or any other Person or against any other security it 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 may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Grantor and with other Persons, sureties or securities as it may see fit without prejudice to the Secured Obligations, the liability of the Grantor or the rights of the Collateral Agent in respect of the Collateral. (3) The Collateral Agent 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 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: Canadian Security Agreement (Ryerson Holding Corp), Canadian Security Agreement (Ryerson Holding Corp)

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Dealing with the Collateral. (1) The Collateral Agent shall Lender is not be obliged to exhaust its recourse against the Grantor or any other Person or against any other security it may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent Lender may consider desirable. (2) The Collateral Agent Lender may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Grantor Pledgor and with other Persons, sureties or securities as it may see fit without prejudice to the Secured Obligations, the liability of the Grantor Pledgor or the rights of the Collateral Agent Lender in respect of the Collateral. (3) The Collateral Agent shall Except as otherwise provided by law or this Agreement, the Lender is 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 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: Limited Recourse Securities Pledge Agreement (Canada Goose Holdings Inc.), Limited Recourse Securities Pledge Agreement (Canada Goose Holdings Inc.)

Dealing with the Collateral. (1a) The Collateral Agent shall and the Secured Parties are not be obliged to exhaust its their recourse against the Grantor Company or any other Person or against any other security it 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. (2b) The Collateral Agent and the Secured Parties may grant extensions or other indulgences, take and give up securitiessecurity, accept compositions, grant releases and discharges and otherwise deal with the Grantor Company and with other Persons, sureties or securities security as it they may see fit without prejudice to the Secured Obligations, the liability of the Grantor Company or the rights of the Collateral Agent and the Secured Parties in respect of the Collateral. (3c) The Collateral Agent shall and the Secured Parties are 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 (Warnaco Group Inc /De/), Securities Pledge Agreement (Warnaco Group Inc /De/)

Dealing with the Collateral. (1) The Collateral Security Agent shall and the Finance Parties are not be obliged to exhaust its their recourse against the Grantor Obligor or any other Person or against any other security it they may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Security Agent may consider desirable. (2) The Collateral Security Agent and the Finance Parties may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Grantor Obligor and with other Persons, sureties or securities as it they may see fit without prejudice to the Secured Obligations, the liability of the Grantor Obligor or the rights of the Collateral Security Agent and the Finance Parties in respect of the Collateral. (3) The Collateral Except as otherwise provided by law or this Agreement, the Security Agent shall and the Finance Parties are 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 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 (Hertz Corp), Security Agreement (Hertz Corp)

Dealing with the Collateral. (1) The Collateral Agent shall Lender is not be obliged to exhaust its recourse against the Grantor Borrower or any other Person or against any other security it may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent Lender may consider desirable. (2) The Collateral Agent Lender may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Grantor Borrower and with other Persons, sureties or securities as it may see fit without prejudice to the Secured Obligations, the liability of the Grantor Borrower or the rights of the Collateral Agent Lender in respect of the Collateral. (3) The Collateral Agent shall Except as otherwise provided by law or this Agreement, the Lender is 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 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: Security Agreement (Gilla Inc.)

Dealing with the Collateral. (1) The Collateral Agent Lender shall not be obliged to exhaust its recourse against the Grantor Corporation or any other Person person or against any other security it may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent Lender may consider desirable. (2) The Collateral Agent Lender may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Grantor Corporation and with other Personspersons, sureties or securities as it may see fit without prejudice to the Secured Obligations, the liability of the Grantor Corporation or the rights of the Collateral Agent Lender in respect of the Collateral. (3) The Collateral Agent Except as otherwise provided by law or this security agreement, the Lender 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 1 contract

Samples: Security Agreement (Zixit Corp)

Dealing with the Collateral. (1a) The Collateral Agent shall and the Secured Creditors are not be obliged to exhaust its their recourse against the Grantor Grantors (or any of them) or any other Person or against any other security it 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. (2b) The Collateral Agent and the Secured Creditors may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Grantor Grantors and with other Persons, sureties or securities as it they may see fit without prejudice to the Secured Obligations, the liability of any of the Grantor Grantors or the rights of the Collateral Agent and the Secured Creditors in respect of the Collateral. (3c) The Except as otherwise provided by law or this Agreement, the Collateral Agent shall and the Secured Creditors are 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 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: Canadian Guarantee and Collateral Agreement (API Technologies Corp.)

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Dealing with the Collateral. (1) The Collateral Agent shall and the Secured Parties are not be obliged to exhaust its their recourse against the Grantor or any other Person or against any other security it 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 Grantor and with other Persons, sureties or securities as it they may see fit without prejudice to the Secured Obligations, the liability of the Grantor or the rights of the Collateral Agent and the Secured Parties in respect of the Collateral. (3) The Collateral Except as otherwise provided by law or this Agreement, the Agent shall and the Secured Parties are 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 1 contract

Samples: Canadian Security Agreement (Bombay Co Inc)

Dealing with the Collateral. (1a) The Collateral Agent shall and the Vendors are not be obliged to exhaust its their recourse against the Grantor Purchaser or any other Person or against any other security it 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. (2b) The Collateral Agent and the Vendors may grant extensions or other indulgences, take and give up securitiessecurity, accept compositions, grant releases and discharges and otherwise deal with the Grantor Purchaser and with other Persons, sureties or securities security as it they may see fit without prejudice to the Secured Obligations, the liability of the Grantor Purchaser or the rights of the Collateral Agent and the Vendors in respect of the Collateral. (3c) The Collateral Agent shall and the Vendors are 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 1 contract

Samples: Securities Pledge Agreement (E-World Usa Holding,inc)

Dealing with the Collateral. (1) The Collateral Agent Lender shall not be obliged to exhaust its recourse against the Grantor Borrower or any other Person person or against any other security it may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent Lender may consider desirable. (2) The Collateral Agent Lender may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Grantor Borrower and with other Personspersons, sureties or securities as it they may see fit without prejudice to the Secured Obligations, the liability of the Grantor Borrower or the rights of the Collateral Agent Lender in respect of the Collateral. (3) The Collateral Agent Except as otherwise provided by law or this Note, the Lender 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 1 contract

Samples: Promissory Note

Dealing with the Collateral. (1) The Collateral Agent Lender shall not be obliged to exhaust its recourse against the Grantor Company or any other Person person or against any other security it may hold in respect of the Secured Obligations before realizing upon or otherwise dealing with the Collateral in such manner as the Collateral Agent Lender may consider desirable. (2) The Collateral Agent Lender may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Grantor Company and with other Personspersons, sureties or securities as it may see fit without prejudice to the Secured Obligations, the liability of the Grantor Company or the rights of the Collateral Agent Lender in respect of the Collateral. (3) The Collateral Agent Except as otherwise provided by law or this security agreement, the Lender 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 1 contract

Samples: Security Agreement (Cephalon Inc)

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