Common use of Disclaimer of Certain Duties Clause in Contracts

Disclaimer of Certain Duties. The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 7 contracts

Samples: Pledge and Security Agreement (Williams Randa Duncan), Pledge and Security Agreement (Williams Randa Duncan), Pledge and Security Agreement (Williams Randa Duncan)

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Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor Debtor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral. Nothing herein shall affect any obligation of Secured Party to the Holders under the Indenture or under applicable law.

Appears in 6 contracts

Samples: Security Agreement (HWCC Shreveport Inc), Security Agreement (HCS Ii Inc), Security Agreement (HWCC Shreveport Inc)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 4 contracts

Samples: Stock Pledge Agreement (HCS Ii Inc), Stock Pledge Agreement (HWCC Shreveport Inc), Partnership Interest Pledge Agreement (HCS Ii Inc)

Disclaimer of Certain Duties. The powers conferred upon ------------------------------ Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 3 contracts

Samples: Guaranty Agreement (St Mary Land & Exploration Co), Pledge and Security Agreement (St Mary Land & Exploration Co), Pledge and Security Agreement (St Mary Land & Exploration Co)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor Each Debtor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral. Nothing herein shall affect any obligation of Secured Party to the Holders under the Indenture or under applicable law.

Appears in 3 contracts

Samples: Security Agreement (Herbst Gaming Inc), Security Agreement (Herbst Gaming Inc), Security Agreement (HCS Ii Inc)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its Secured Party's interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor hereby agrees agree that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 3 contracts

Samples: Pledge Agreement (BitNile Holdings, Inc.), Pledge Agreement (BitNile Holdings, Inc.), Pledge Agreement (BitNile Holdings, Inc.)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor Debtor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 3 contracts

Samples: Guaranty Agreement (Midcoast Energy Resources Inc), Security Agreement (Western Pacific Airlines Inc /De/), Security Agreement (Western Pacific Airlines Inc /De/)

Disclaimer of Certain Duties. The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor Debtor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness Indebtedness evidenced by the Obligations Liabilities be diminished by, Secured Party’s delay or 's failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 3 contracts

Samples: Security Agreement (BLC Financial Services Inc), Security Agreement (BLC Financial Services Inc), Security Agreement (BLC Financial Services Inc)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 3 contracts

Samples: Partnership Interest Pledge Agreement (NGA Holdco, LLC), Membership Interest Pledge Agreement (NGA Holdco, LLC), Partnership Interest Pledge Agreement (NGA Holdco, LLC)

Disclaimer of Certain Duties. The powers conferred upon ---------------------------- Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 2 contracts

Samples: Pledge and Security Agreement (St Mary Land & Exploration Co), Pledge and Security Agreement (St Mary Land & Exploration Co)

Disclaimer of Certain Duties. The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor Debtor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 2 contracts

Samples: Security Agreement (Triathlon Broadcasting Co), Security Agreement (Edge Petroleum Corp)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party or any other Guaranteed Party to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Security Agreement (Purina Mills Inc)

Disclaimer of Certain Duties. (a) The powers conferred upon the Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. Pledgor Debtor hereby agrees that the Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, the Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Security Agreement (Panda Interfunding Corp)

Disclaimer of Certain Duties. The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Security Agreement (Universal Compression Inc)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party or any Holder to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Security Agreement (New Horizons of Yonkers Inc)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Secured Obligations be diminished by, Secured Party’s delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral, or any part thereof, or for any delay in so doing, and Secured Party shall not be under any obligation to take any action in connection therewith.

Appears in 1 contract

Samples: Pledge Agreement (American Standard Energy Corp.)

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Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its Secured Party's interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Each Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Ault Alliance, Inc.)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor Debtor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of of, or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (New Stat Healthcare Inc)

Disclaimer of Certain Duties. The powers conferred upon Secured ---------------------------- Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Subscription Agreement (Coda Energy Inc)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party or any Noteholder to exercise any such powers. Pledgor Debtor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Security Agreement (Brigham Holdings Ii LLC)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. Pledgor Each Debtor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Security Agreement (Willbros Group Inc)

Disclaimer of Certain Duties. The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party Party, Agent or any Noteholder to exercise any such powers. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Security Agreement (Brigham Holdings Ii LLC)

Disclaimer of Certain Duties. The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party or any Lender to exercise any such powers. Pledgor To the fullest extent permitted by applicable law, Debtor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Security Agreement (Kinder Morgan Energy Partners Lp)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powersParty. Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Security Agreement (Dailey Petroleum Services Corp)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its Secured Party’s interest in the Collateral and shall not impose any duty upon Secured Party to exercise any such powers. The Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Contango Oil & Gas Co)

Disclaimer of Certain Duties. (a) The powers conferred upon Secured Party by this Agreement are to protect its interest in the Collateral and shall not impose any duty upon Secured Party or any Lender to exercise any such powers. To the extent permitted by applicable law, Pledgor hereby agrees that Secured Party shall not be liable for, nor shall the indebtedness evidenced by the Obligations be diminished by, Secured Party’s 's delay or failure to collect upon, foreclose, sell, take possession of or otherwise obtain value for the Collateral.

Appears in 1 contract

Samples: Security Agreement (Kinder Morgan Energy Partners Lp)

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