Lender's Duty of Care. Lender has no duty of care with respect to the Collateral except that Lender shall exercise reasonable care with respect to the Collateral in Lender's custody. Lender will be deemed to have exercised reasonable care if such property is accorded treatment substantially equal to that which Lender accords its own property or if Lender takes such action with respect to the Collateral as the Borrower requests or agrees to in writing, provided that no failure to comply with any such request nor any omission to do any such act requested by the Borrower may be deemed a failure to exercise reasonable care. Lender's failure to take steps to preserve rights against any parties or property may not be deemed to be failure to exercise reasonable care with respect to the Collateral in Lender's custody. All risk, loss, damage or destruction of the Collateral is borne by Borrower except to the extent Lender breaches the standard of care set forth in this Section 5.5.
Lender's Duty of Care. Other than the exercise of reasonable care to ensure the safe custody of the Securities Collateral while being held by Lender hereunder, Lender shall have no duty or liability to preserve rights pertaining thereto, it being understood and agreed that Pledgor shall be responsible for preservation of all rights in the Securities Collateral, and Lender shall be relieved of all responsibility for Securities Collateral upon surrendering it or tendering the surrender of it to Pledgor. Lender shall be deemed to have exercised reasonable care in the custody and preservation of the Securities Collateral in its possession if such Securities Collateral is accorded treatment substantially equal to that which Lender accords its own property, it being understood that Lender shall not have responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to any Securities Collateral, whether or not Lender has or is deemed to have knowledge of such matters or (ii) taking any steps or refraining therefrom to preserve rights against any other parties with respect to any Securities Collateral.
Lender's Duty of Care. It is agreed and understood that the --------------------- Lender's duty with respect to the Collateral shall be solely to use reasonable care in the custody and preservation of the Collateral in the Lender's possession, which shall not include any steps necessary to preserve rights against prior parties.
Lender's Duty of Care. Lender shall have no duty of care with respect to the Collateral except that Lender shall exercise reasonable care with respect to the Collateral in Lender's custody. Lender shall be deemed to have exercised reasonable care if such property is accorded treatment substantially equal to that which Lender accords its own property or if Lender takes such action with respect to the Collateral as Borrower shall request to or agree in writing; provided, however, that neither failure to comply with any such request nor any omission to do any such act requested by Borrower shall be deemed a failure to exercise reasonable are. Lender's failure to take steps to preserve rights against any parties or property shall not be deemed to be failure to exercise reasonable care with respect to the Collateral in Lender's custody.
Lender's Duty of Care. Lender shall not be liable for any acts, omissions, errors of judgment or mistakes of fact or law including, without limitation, acts, omissions, errors or mistakes with respect to the Pledged Collateral, except for those arising out of or in connection with Lender’s (i) gross negligence or willful misconduct, (ii) failure to use reasonable care with respect to the safe custody of the Pledged Collateral in Lender’s possession or (iii) breach of its express obligations under this Pledge Agreement. Without limiting the generality of the foregoing, Lender shall be under no obligation to take any steps necessary to preserve rights in the Pledged Collateral against any other parties but may do so at its option. All reasonable expenses incurred in connection therewith shall be for the sole account of Pledgor, and shall constitute part of Pledgor’s obligations under the Loan Documents secured hereby.
Lender's Duty of Care. Lender's sole duty with respect to the Collateral shall be to use reasonable care in the custody of the Collateral in its possession or control. Lender shall incur no liability to Borrower for any act of government, act of God, or other destruction in whole or in part or negligence or wrongful act of custodians or agents selected by and supervised by Lender with reasonable care, or Lender's failure to provide adequate protection or insurance for the Collateral. Borrower hereby waives the defense of impairment of the Collateral. Borrower agrees that all remittances from the Collateral shall be applied as provided in Section 12(e) and Section 13(b) of this Agreement, as applicable, and Borrower hereby approves such application of remittances and agrees such application is reasonable in all respects. Neither Lender nor any of its respective directors, officers, employees, Affiliates or agents shall be liable for failure to demand, collect or realize upon all or any part 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 Borrower or any other Person. The Other Residual Interest Collateral shall be held and controlled by the Other Residual Financing Facility Lender.
Lender's Duty of Care. Lender shall not be liable for any acts, omissions, errors of judgment or mistakes of fact or law including, without limitation, acts, omissions, errors or mistakes with respect to the Pledged Collateral, except for those arising out of or in connection with Lender’s (a) gross negligence or willful misconduct, or (b) failure to use reasonable care with respect to the safe custody of the Pledged Collateral in Lender’s possession. Without limiting the generality of the foregoing, Lender shall be under no obligation to take any steps necessary to preserve rights in the Pledged Collateral against any other parties but may do so at its option. All expenses incurred by or on behalf of Lender after an Event of Default in connection with this Pledge Agreement shall constitute part of the obligations secured hereby.
Lender's Duty of Care. Lender shall exercise reasonable care in the custody of any Collateral but shall be deemed to have exercised reasonable care (a) if such Collateral is accorded treatment substantially equal to that which Lender accords its own property (it being understood that Lender shall have no responsibility for ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Collateral and whether or not Lender has or is deemed to have knowledge of such matters), or (b) if Lender takes such action with respect to the Collateral as Pledgor shall request, but no failure to comply with any such request nor any omission to do any such act requested by Pledgor shall be deemed a failure to exercise reasonable care, nor shall Lender's failure to take necessary steps to preserve rights against any parties with respect to any Collateral in its possession be deemed a failure to exercise reasonable care.
Lender's Duty of Care. Other than the exercise of reasonable care in the physical custody of the Collateral while held by Lender hereunder, Lender shall have no responsibility for or obligation or duty with respect to all or any part of the Collateral or any matter or proceeding arising out of or relating thereto. Lender shall not be responsible in any way for any depreciation in the value of the Collateral. Lender shall have no duty or responsibility to take any steps to preserve rights against prior parties or to enforce collection of the Collateral by legal proceedings or otherwise, the sole duty of Lender, their successors and assigns, being to receive collections, remittances and payments on such Collateral as and when made and received by Lender and, at Lender's option, to apply the amount or amounts so received, after deduction of any collection costs incurred, as payment upon any of the Obligations or to hold the same for the account and order of Shareholders.
Lender's Duty of Care. Lender has no duty of care with respect to the Collateral except that Lender shall exercise reasonable care with respect to the Collateral in Lender's custody. Lender will be deemed to have exercised reasonable care if such property is accorded treatment substantially equal to that which Lender accords its own property or if Lender takes such action with respect to the Collateral as Borrower or Guarantor requests or agrees to in writing, provided that no failure to comply with any such request nor any omission to do any such act requested by the Borrower or Guarantor may be deemed a failure to exercise reasonable care. Lender's failure to take steps to preserve rights against any parties or property may not be deemed to be failure to exercise reasonable care with respect to the Collateral in Lender's custody. All risk, loss, damage or destruction of the Collateral is borne by Borrower or Guarantor.
