Dealing with the Collateral. (1) The Lender is not obliged to exhaust its recourse against 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 Lender may consider desirable. (2) The Lender may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Pledgor and with other Persons, sureties or securities as it may see fit without prejudice to the Secured Obligations, the liability of the Pledgor or the rights of the Lender in respect of the Collateral. (3) Except as otherwise provided by law or this Agreement, the Lender is 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
Sources: Limited Recourse Securities Pledge Agreement (Canada Goose Holdings Inc.), Limited Recourse Securities Pledge Agreement (Canada Goose Holdings Inc.)
Dealing with the Collateral. (1a) The Lender is Collateral Agent and the Secured Parties are not obliged to exhaust its their recourse against the 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 Lender Collateral Agent may consider desirable.
(2b) The Lender 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 Pledgor 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 Pledgor Company or the rights of the Lender Collateral Agent and the Secured Parties in respect of the Collateral.
(3c) Except as otherwise provided by law or this Agreement, The Collateral Agent and the Lender is 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 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
Sources: Securities Pledge Agreement (Warnaco Group Inc /De/), Securities Pledge Agreement (Warnaco Group Inc /De/)
Dealing with the Collateral. (1) The Lender is Security Agent and the Finance Parties are not obliged to exhaust its their recourse against the 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 Lender Security Agent may consider desirable.
(2) The Lender 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 Pledgor Obligor and with other Persons, sureties or securities as it they may see fit without prejudice to the Secured Obligations, the liability of the Pledgor Obligor or the rights of the Lender Security Agent and the Finance Parties in respect of the Collateral.
(3) Except as otherwise provided by law or this Agreement, the Lender is Security Agent and the Finance 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 2 contracts
Sources: Security Agreement (Hertz Corp), Security Agreement (Hertz Corp)
Dealing with the Collateral. (1) The Lender is 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 Lender Collateral Agent may consider desirable.
(2) The Lender Collateral Agent may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Pledgor Grantor and with other Persons, sureties or securities as it may see fit without prejudice to the Secured Obligations, the liability of the Pledgor Grantor or the rights of the Lender Collateral Agent in respect of the Collateral.
(3) Except as otherwise provided by law or this Agreement, the Lender is 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
Sources: Canadian Security Agreement (Ryerson Holding Corp), Canadian Security Agreement (Ryerson Holding Corp)
Dealing with the Collateral. (1) The Lender is shall not be obliged to exhaust its recourse against the 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 Lender may consider desirable.
(2) The Lender may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Pledgor Company and with other Personspersons, sureties or securities as it may see fit without prejudice to the Secured Obligations, the liability of the Pledgor Company or the rights of the Lender in respect of the Collateral.
(3) Except as otherwise provided by law or this Agreementsecurity agreement, the Lender is 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
Sources: Security Agreement (Cephalon Inc)
Dealing with the Collateral. (1a) The Lender is Agent and the Vendors are not obliged to exhaust its their recourse against the 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 Lender Agent may consider desirable.
(2b) The Lender 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 Pledgor 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 Pledgor Purchaser or the rights of the Lender Agent and the Vendors in respect of the Collateral.
(3c) Except as otherwise provided by law or this Agreement, The Agent and the Lender is Vendors 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 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
Sources: Securities Pledge Agreement (E-World Usa Holding,inc)
Dealing with the Collateral. (1) The Lender is Agent and the Secured Parties are not 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 Lender Agent may consider desirable.
(2) The Lender 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 Pledgor Grantor and with other Persons, sureties or securities as it they may see fit without prejudice to the Secured Obligations, the liability of the Pledgor Grantor or the rights of the Lender Agent and the Secured Parties in respect of the Collateral.
(3) Except as otherwise provided by law or this Agreement, the Lender is 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 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
Dealing with the Collateral. (1) The Lender is not obliged to exhaust its recourse against the 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 Lender may consider desirable.
(2) The Lender may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Pledgor Borrower and with other Persons, sureties or securities as it may see fit without prejudice to the Secured Obligations, the liability of the Pledgor Borrower or the rights of the Lender in respect of the Collateral.
(3) Except as otherwise provided by law or this Agreement, the Lender is 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
Sources: Security Agreement (Gilla Inc.)
Dealing with the Collateral. (1) The Lender is shall not be obliged to exhaust its recourse against the 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 Lender may consider desirable.
(2) The Lender may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Pledgor Corporation and with other Personspersons, sureties or securities as it may see fit without prejudice to the Secured Obligations, the liability of the Pledgor Corporation or the rights of the Lender in respect of the Collateral.
(3) Except as otherwise provided by law or this Agreementsecurity agreement, the Lender is 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
Sources: Security Agreement (Zixit Corp)
Dealing with the Collateral. (1) The Lender is Security Agent and the Finance Parties are not obliged to exhaust its their recourse against the Obligor or any other Person or against any other security it they may hold in respect of the Secured Obligations Liabilities before realizing upon or otherwise dealing with the Collateral in such manner as the Lender Security Agent may consider desirable.
(2) The Lender 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 Pledgor Obligor and with other Persons, sureties or securities as it they may see fit without prejudice to the Secured ObligationsLiabilities, the liability of the Pledgor Obligor or the rights of the Lender Security Agent and the Finance Parties in respect of the Collateral.
(3) Except as otherwise provided by law or this Agreement, the Lender is Security Agent and the Finance 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
Sources: Security Agreement (Hertz Corp)
Dealing with the Collateral. (1) The Lender is shall not be obliged to exhaust its recourse against the 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 Lender may consider desirable.
(2) The Lender may grant extensions or other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the Pledgor Borrower and with other Personspersons, sureties or securities as it they may see fit without prejudice to the Secured Obligations, the liability of the Pledgor Borrower or the rights of the Lender in respect of the Collateral.
(3) Except as otherwise provided by law or this AgreementNote, the Lender is 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
Sources: Promissory Note
Dealing with the Collateral. (1a) The Lender is Collateral Agent and the Secured Creditors are not obliged to exhaust its their recourse against the 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 Lender Collateral Agent may consider desirable.
(2b) The Lender 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 Pledgor 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 Pledgor Grantors or the rights of the Lender Collateral Agent and the Secured Creditors in respect of the Collateral.
(3c) Except as otherwise provided by law or this Agreement, the Lender is Collateral Agent and the Secured 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 1 contract
Sources: Canadian Guarantee and Collateral Agreement (API Technologies Corp.)