Common use of Duty of Lender Clause in Contracts

Duty of Lender. Lender's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as Lender deals with similar property for its own account. Neither Lender nor any of their respective officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on Lender hereunder are solely to protect Lender's interests in the Collateral and shall not impose any duty upon Lender to exercise any such powers. Lender 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 any Loan Party for any act or failure to act hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Kingsway Financial Services Inc), Loan and Security Agreement (Camping World Holdings, Inc.)

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Duty of Lender. Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as Lender deals with similar property for its own account. Neither Lender Lender, nor any of their its respective officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party the Grantor or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereofCollateral. The powers conferred on Lender hereunder are solely to protect Lender's interests ’s interest in the Collateral and shall not impose any duty upon Lender to exercise any such powers. Lender shall be accountable only for amounts that they Lender actually receive receives as a result of the exercise of such powers, and neither they Lender nor any of their Lender’s officers, directors, employees or agents shall be responsible to any Loan Party the Grantor for any act or failure to act hereunder, except for Lender’s gross negligence or willful misconduct.

Appears in 2 contracts

Samples: Security Agreement (Franklin Credit Management Corp/De/), Security Agreement (Franklin Credit Management Corp/De/)

Duty of Lender. Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as Lender deals with similar property for its own account. Neither Lender nor any of their respective officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on Lender hereunder are solely to protect Lender's ’s interests in the Collateral and shall not impose any duty upon Lender to exercise any such powers. Lender 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 any Loan Party for any act or failure to act hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mattersight Corp), Loan and Security Agreement (Lifeway Foods Inc)

Duty of Lender. The Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither the Lender nor any of their respective its officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party the Borrower or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereofCollateral. The powers conferred on the Lender hereunder are solely to protect the Lender's interests ’s interest in the Collateral and shall not impose any duty upon the Lender to exercise any such powers. The Lender shall be accountable only for amounts that they it actually receive receives as a result of the exercise of such powers, and neither they the Lender nor any of their its officers, directors, employees or agents shall be responsible to any Loan Party the Borrower for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 2 contracts

Samples: Pledge and Security Agreement (BBGP Aircraft Holdings Ltd.), Pledge and Security Agreement (Babcock & Brown JET-i Co., Ltd.)

Duty of Lender. The Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither Lender the Lender, nor any of their its respective officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party Pledgor or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereofCollateral. The powers conferred on the Lender hereunder are solely to protect the Lender's interests ’s interest in the Collateral and shall not impose any duty upon the Lender to exercise any such powers. The Lender shall be accountable only for amounts that they it actually receive receives as a result of the exercise of such powers, and neither they the Lender nor any of their its respective officers, directors, employees or agents shall be responsible to any Loan Party Pledgor for any act or failure to act hereunder, except for its own gross negligence or willful misconduct.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Us Concrete Inc), Pledge and Security Agreement (Us Concrete Inc)

Duty of Lender. The Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither the Lender nor any of their respective its officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party the 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 Lender hereunder are solely to protect the Lender's ’s interests in the Collateral and shall not impose any duty upon the Lender to exercise any such powers. The Lender shall be accountable only for amounts that they it actually receive receives as a result of the exercise of such powers, and neither they it nor any of their its officers, directors, employees or agents shall be responsible to any Loan Party the Grantor for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Guarantee and Security Agreement (UFood Restaurant Group, Inc.)

Duty of Lender. Lender's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as Lender deals with similar property for its own account. Neither Subject to applicable law, neither Lender nor any of their respective its officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party 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 Lender hereunder are solely to protect Lender's interests interest in the Collateral and shall not impose any duty upon Lender to exercise any such powers. Lender shall be accountable only for amounts that they Lender actually receive receives as a result of the exercise of such powers, and neither they Lender nor any of their its officers, directors, employees or agents shall be responsible to any Loan Party Grantors for any act or failure to act hereunder.

Appears in 1 contract

Samples: Subsidiary Pledge Agreement (Union Carbide Corp /New/)

Duty of Lender. Lender's ’s sole duty with respect to the custody, safekeeping safekeeping, economic and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as Lender deals with similar property for its own account. Neither Lender nor any of their respective officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on Lender hereunder are solely to protect Lender's ’s interests in the Collateral and shall not impose any duty upon Lender to exercise any such powers. Lender 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 any Loan Party for any act or failure to act hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Pernix Group, Inc.)

Duty of Lender. Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as Lender deals with similar property for its own account. Neither Lender nor any of their respective its officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party 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 Lender hereunder are solely to protect Lender's ’s interests in the Collateral and shall not impose any duty upon Lender to exercise any such powers. Lender shall be accountable only for amounts that they it actually receive receives as a result of the exercise of such powers, and neither they it nor any of their its officers, directors, employees or agents shall be responsible to any Loan Party Grantor for any act or failure to act hereunder.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Obalon Therapeutics Inc)

Duty of Lender. Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall will be to deal with it in the same manner as Lender deals with similar property for its own account. Neither Lender nor any of their respective officers, directors, employees or agents shall will be liable for any failure to demand, collect or realize upon any of the Collateral or for any delay in doing so or shall will be under any obligation to sell or otherwise dispose of any Collateral upon the request of any Loan Party a Guarantor or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on Lender hereunder are solely to protect Lender's ’s interests in the Collateral and shall will not impose any duty upon Lender to exercise any such powers. Lender shall will 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 will be responsible to any Loan Party Guarantors for any act or failure to act hereunder.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Electronic Cigarettes International Group, Ltd.)

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Duty of Lender. Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as the same man Lender deals with similar property for its own account. Neither Lender Lender, nor any of their its respective officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereofCollateral. The powers conferred on Lender hereunder are solely to protect Lender's interests ’s interest in the Collateral and shall not impose any duty upon Lender to exercise any such powers. Lender shall be accountable only for amounts that they Lender actually receive receives as a result of the exercise of such powers, and neither they Lender nor any of their Lender’s officers, directors, employees or agents shall be responsible to any Loan Party for any act or failure to act hereunder, except for Lender’s gross negligence or willful misconduct.

Appears in 1 contract

Samples: Security Agreement (Franklin Credit Management Corp/De/)

Duty of Lender. Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as Lender deals with similar property for its own account. Neither Lender Lender, nor any of their its respective officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereofCollateral. The powers conferred on Lender hereunder are solely to protect Lender's interests ’s interest in the Collateral and shall not impose any duty upon Lender to exercise any such powers. Lender shall be accountable only for amounts that they Lender actually receive receives as a result of the exercise of such powers, and neither they Lender nor any of their Lender’s officers, directors, employees or agents shall be responsible to any Loan Party for any act or failure to act hereunder, except for Lender’s gross negligence or willful misconduct.

Appears in 1 contract

Samples: Security Agreement (Franklin Credit Management Corp/De/)

Duty of Lender. Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as Lender deals with similar property for its own account. Neither Lender nor any of their its respective officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party 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 Lender hereunder are solely to protect Lender's ’s interests in the Collateral and shall not impose any duty upon Lender to exercise any such powers. Lender shall be accountable only for amounts that they it actually receive receives as a result of the exercise of such powers, and neither they it nor any of their its officers, directors, employees or agents shall be responsible to any Loan Party Borrower for any act (except to the extent any such acts constitute gross negligence or willful misconduct on the part of Lender) or failure to act hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Adcare Health Systems, Inc)

Duty of Lender. The Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither the Lender nor any of their respective its officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party 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 Lender hereunder are solely to protect the Lender's ’s interests in the Collateral and shall not impose any duty upon the Lender to exercise any such powers. The Lender shall be accountable only for amounts that they it actually receive receives as a result of the exercise of such powers, and neither they the Lender nor any of their its officers, directors, employees or agents shall be responsible to any Loan Party Grantor for any act or failure to act hereunder.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Westell Technologies Inc)

Duty of Lender. The Lender's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither the Lender nor any of their respective its officers, directors, employees or agents shall be liable for any 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 Collateral upon the request of any Loan Party the 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 Lender hereunder are solely to protect the Lender's interests in the Collateral and shall not impose any duty upon the Lender to exercise any such powers. The Lender shall be accountable only for amounts that they it actually receive receives as a result of the exercise of such powers, and neither they it nor any of their its officers, directors, employees or agents shall be responsible to any Loan Party the Grantor for any act or failure to act hereunder., except for their own gross negligence or willful misconduct. 7.3

Appears in 1 contract

Samples: Credit Agreement (UFood Restaurant Group, Inc.)

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