Duties of the Secured Party. The powers conferred upon the Secured Party hereunder are solely to protect his interests in the Collateral and shall not impose on him any duty to exercise such powers. Except as provided in Section 9-207 of the Uniform Commercial Code, The Secured Party shall have no duty with respect to the Collateral or any responsibility for taking any necessary steps to preserve rights against any Persons with respect to any Collateral.
Duties of the Secured Party. So long as the Secured Party complies with its obligations, if any, under the Code, the Secured Party shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Pledged Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person. All risk of loss, damage, or destruction of the Pledged Collateral shall be borne by the Pledgors. The powers conferred on the Secured Party hereunder are solely to protect its interests in the Pledged Collateral and shall not impose on it any duty to exercise such powers. Except as provided in Section 9-207 of the Code, the Secured Party shall have no duty with respect to the Pledged Collateral or any responsibility for taking any necessary steps to preserve rights against any Persons with respect to any Pledged Collateral.
Duties of the Secured Party. (1) The Secured Party has no obligation to exercise any option or right in connection with any Collateral. The Secured Party has no obligation to protect or preserve any Collateral from depreciating in value or becoming worthless and is released from all responsibility for any loss of value whether such Collateral is in the possession of, is a security entitlement of, or is subject to the control of, the Secured Party, the Custodian, the Pledgor or any other Person. The Custodian shall comply with its Standard of Care in the physical keeping of any Collateral.
(2) The Secured Party may, after the Security Interest is enforceable, sell, transfer, use or otherwise deal with any Collateral on such conditions and in such manner as the Secured Party in its sole discretion may determine.
Duties of the Secured Party. The powers conferred upon the Secured Party hereunder are solely to protect the Secured Party’s interests in the Collateral and shall not impose on the Secured Party any duty to exercise such powers. Except as provided in Section 9-207 of the Uniform Commercial Code of the State of Utah, the Secured Party shall have no duty with respect to the Collateral or any responsibility for taking any necessary steps to preserve rights against any persons with respect to any Collateral.
Duties of the Secured Party. (a) The Secured Party shall be obliged to perform such duties and only such duties as specifically are set forth in this Agreement and no implied covenants or obligations shall be read into this Agreement against the Secured Party.
(b) Any corporation into which the Secured Party may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which it shall be a party, or any corporation succeeding to its business, shall succeed to all rights, obligations and immunities hereunder without the execution or filing of any document or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding.
(c) No provision of this Agreement shall require the Secured Party to advance, expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights and powers hereunder.
(d) The Secured Party makes no representation as to the validity, value, genuineness or the collectability of any Collateral, security or other document or instrument held by or delivered to it.
(e) The Secured Party shall not be called upon to advise any party as to the selling or retaining or taking or refraining from any action with respect to any securities or other property deposited hereunder.
(f) The Secured Party shall not be deemed to be a fiduciary in performing its duties under this Agreement.
Duties of the Secured Party. (1) The Secured Party has no obligation to exercise any option or right in connection with any Collateral. The Secured Party has no obligation to protect or preserve any Collateral from depreciating in value or becoming worthless and is released from all responsibility for any loss of value whether such Collateral is in the possession of, is a security entitlement of, or is subject to the control of, the Secured Party, the Custodian, the Pledgor or any other Person. The Custodian shall comply with its Standard of Care in the physical keeping of any Collateral.
Duties of the Secured Party. Notwithstanding any provision contained in this Agreement, neither the Secured Party nor any other member of the Lender Group shall have a duty to exercise any of the rights, privileges or powers afforded to it, nor be responsible to the Debtors or any other Person for any failure to do so or delay in doing so. Except for the accounting for moneys actually received by the Secured Party or any other member of the Lender Group hereunder or in connection herewith, neither the Secured Party nor any other member of the Lender Group shall have a duty or liability to exercise or preserve any rights, privileges or powers pertaining to the Trademark Collateral.
Duties of the Secured Party. The rights conferred on the Secured Party hereunder are solely to protect the Secured Party's interest in the Collateral as security for the Secured Obligations and shall not impose any duty upon the Secured Party to exercise any such rights. The Secured Party shall not have any duty as to any Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any of the Collateral, except that with respect to the custody, safekeeping and physical preservation of any Collateral in the Secured Party's possession, under Section 9-207 of the UCC or otherwise, the sole duty of the Secured Party shall be to deal with it in the same manner as the Secured Party deals with similar securities and property for the Secured Party's own account. To the fullest extent permitted by law, the Secured Party shall not be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so and shall not be under any obligation to sell or otherwise dispose of any
Duties of the Secured Party. Notwithstanding any provision contained in this Agreement, the Secured Party shall have no duty to exercise any of the rights, privileges or powers afforded to it and shall not be responsible to the Debtors or any other Person for any failure to do so or delay in doing so. Except for the accounting for moneys actually received by the Secured Party hereunder or in connection herewith, the Secured Party shall have no duty or liability to exercise or preserve any rights, privileges or powers pertaining to the Trademark Collateral.
Duties of the Secured Party. The powers conferred upon the Secured Party hereunder are solely to protect its interests in the Collateral and shall not impose on it any duty to exercise such powers. Except as provided in Section 9-207 of the Uniform Commercial Code of the State of Illinois, the Secured Party shall have no duty with respect to the Collateral or any responsibility for taking any necessary steps to preserve rights against any persons with respect to any Collateral.
