Duty of Agent. The Agent's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar property for its own account. None of the Agent, any Bank or any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any of the Collateral upon the request of the Pledgor or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Agent and the Banks under this Agreement are solely to protect the interests of the Agent and the Banks in the Collateral and shall not impose any duty upon the Agent or any Bank to exercise any such powers. The Agent and the Banks shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees or agents shall be responsible to the Pledgor for any act or failure to act under this Agreement, except for their own gross negligence or willful misconduct (as determined in a final non-appealable judgment by a court of competent jurisdiction).
Appears in 6 contracts
Samples: Subsidiary Security Agreement (Gencor Industries Inc), Subsidiary Security Agreement (Gencor Industries Inc), Subsidiary Security Agreement (Gencor Industries Inc)
Duty of Agent. The Agent's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code New York UCC or otherwise, shall be to deal with it in the same manner as the Agent deals with similar property for its own account. None of Neither the Agent, any Bank or Lender nor any of their respective officers, directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any of the Collateral upon the request of the Pledgor any Grantor or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Agent and the Banks under this Agreement Lenders hereunder are solely to protect the interests of the Agent Agent’s and the Banks Lenders’ interests in the Collateral and shall not impose any duty upon the Agent or any Bank Lender to exercise any such powers. The Agent and the Banks Lenders shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees or agents shall be responsible to the Pledgor any Grantor for any act or failure to act under this Agreementhereunder, except for their own gross negligence or willful misconduct (as determined in a final non-appealable judgment by a court of competent jurisdiction)misconduct.
Appears in 3 contracts
Samples: Revolving Credit Facility (Hovnanian Enterprises Inc), Guarantee and Collateral Agreement (Sears Holdings CORP), Security Agreement (Hovnanian Enterprises Inc)
Duty of Agent. The Agent's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar property for its own account. None of Neither the Agent, any Bank or Lender nor any of their respective officers, directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any of the Collateral upon the request of the Pledgor or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Agent and the Banks under this Agreement Lenders hereunder are solely to protect the interests of the Agent Agent's and the Banks Lenders' interests in the Collateral and shall not impose any duty upon the Agent or any Bank Lender to exercise any such powers. The Agent and the Banks Lenders shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees or agents shall be responsible to the Pledgor for any act or failure to act under this Agreementhereunder, except for their own gross negligence or willful misconduct (as determined in a final non-appealable judgment by a court of competent jurisdiction)misconduct.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Remington Capital Corp)
Duty of Agent. The Agent's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar property for its own account. None of Neither the Agent, any Bank or Lender nor any of their respective officers, directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any of the Collateral upon the request of the Pledgor or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Agent and the Banks under this Agreement Lenders hereunder are solely to protect the interests of the Agent Agent's and the Banks Lenders' interests in the Collateral and shall not impose any duty upon the Agent or any Bank Lender to exercise any such powers. The Agent and the Banks Lenders shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees or agents shall be responsible to the any Pledgor for any act or failure to act under this Agreementhereunder, except for their own gross negligence or willful misconduct (as determined in a final non-appealable judgment by a court of competent jurisdiction)misconduct.
Appears in 1 contract
Duty of Agent. The Agent's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar property for its own account. None of the Agent, any Bank or any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any of the Collateral upon the request of the Pledgor Borrower or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Agent and the Banks under this Agreement are solely to protect the interests of the Agent and the Banks in the Collateral and shall not impose any duty upon the Agent or any Bank to exercise any such powers. The Agent and the Banks shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees or agents shall be responsible to the Pledgor Borrower for any act or failure to act under or with respect to this Agreement, except for their own gross negligence or willful misconduct (as determined in a final non-appealable judgment by a court of competent jurisdiction).
Appears in 1 contract
Samples: Copyright Security Agreement (Gencor Industries Inc)
Duty of Agent. The Agent's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar property for its own account. None of Neither the Agent, any Bank or Lender nor any of their respective officers, directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any of the Collateral upon the request of the Pledgor Borrower or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Agent and the Banks under this Agreement Lenders hereunder are solely to protect the interests of the Agent Agent's and the Banks Lenders' interests in the Collateral and shall not impose any duty upon the Agent or any Bank Lender to exercise any such powers. The Agent and the Banks Lenders shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees or agents shall be responsible to the Pledgor Borrower for any act or failure to act under this Agreementhereunder, except for their own gross negligence or willful misconduct (as determined in a final non-appealable judgment by a court of competent jurisdiction)misconduct.
Appears in 1 contract
Duty of Agent. The Agent's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar property for its own account. None of Neither the Agent, any Bank or nor any of their respective officers, directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any of the Collateral upon the request of the Pledgor Company or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Agent and the Banks under this Agreement hereunder are solely to protect the interests of the Agent Agent's and the Banks Banks' interests in the Collateral and shall not impose any duty upon the Agent or any Bank to exercise any such powers. The Agent and the Banks shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees or agents shall be responsible to the Pledgor Company for any act or failure to act under this Agreementhereunder, except for their own gross negligence or willful misconduct (as determined in a final non-appealable judgment by a court of competent jurisdiction)misconduct.
Appears in 1 contract
Samples: Pledge Agreement (Cd Radio Inc)
Duty of Agent. The Agent's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar property for its own account. None of the Agent, any Bank or any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any of the Collateral upon the request of the Pledgor Borrower or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Agent and the Banks under this Agreement are solely to protect the interests of the Agent and the Banks in the Collateral and shall not impose any duty upon the Agent or any Bank to exercise any such powers. The Agent and the Banks shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees or agents shall be responsible to the Pledgor Borrower for any act or failure to act under this Agreement, except for their own gross negligence or willful misconduct (as determined in a final non-appealable judgment by a court of competent jurisdiction).
Appears in 1 contract
Samples: Borrower Security Agreement (Gencor Industries Inc)