Common use of Lender's Duty of Care Clause in Contracts

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 any Borrower shall request or agree to in writing provided that neither failure to comply with any such request nor any omission to do any such act requested by any Borrower shall be deemed a failure to exercise reasonable care. 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. All risk, loss, damage or destruction of the Collateral shall be borne by Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Occupational Health & Rehabilitation Inc)

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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 any Borrower Grantor shall request or agree to in writing writing, provided that neither no failure to comply with any such request nor any omission to do any such act requested by any Borrower Grantor shall be deemed a failure to exercise reasonable care. 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. All risk, loss, damage or destruction of the Collateral shall be borne by Borrowers.

Appears in 1 contract

Samples: Commercial Security Agreement (Techdyne Inc)

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 any Borrower shall request or agree to in writing provided that neither failure to comply with any such request nor any omission to do any such act requested by any Borrower shall be deemed a failure to exercise reasonable care. Lender's failure to take steps to preserve rights against any parties or property shall not be deemed to be a failure to exercise reasonable care with respect to the Collateral in Lender's custody. All risk, loss, damage or destruction of the Collateral shall be borne by BorrowersBorrower, except to the extent such loss, damage or destruction arises from Lender's gross negligence or willful misconduct.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunlink Health Systems Inc)

Lender's Duty of Care. Lender shall have 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 shall 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 any Borrower shall request a Guarantor requests or agree agrees to in writing writing, provided that neither no failure to comply with any such request nor any omission to do any such act requested by any Borrower shall Guarantor may be deemed a failure to exercise reasonable care. Lender's failure to take steps to preserve rights against any parties or property shall 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 shall be is borne by Borrowerseach Guarantor.

Appears in 1 contract

Samples: Security Agreement (U S Diagnostic Inc)

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 is such property is accorded treatment substantially equal to that which Lender accords its own property or of if Lender takes such action with respect to the Collateral collateral as any Borrower shall request or agree to in writing provided that neither failure to comply with any such request nor any omission to do any such act requested by any Borrower shall be deemed a failure to exercise reasonable care. 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. All risk, loss, damage or destruction of the Collateral shall be borne by BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (American Healthchoice Inc /Ny/)

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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 any Borrower shall request to or agree to in writing provided writing; provided, however, that neither failure to comply with any such request nor any omission to do any such act requested by any Borrower shall be deemed a failure to exercise reasonable careare. 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. All risk, loss, damage or destruction of the Collateral shall be borne by Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Compu Dawn Inc)

Lender's Duty of Care. Lender shall have 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 shall 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 any the Borrower shall request requests or agree agrees to in writing writing, provided that neither no failure to comply with any such request nor any omission to do any such act requested by any the Borrower shall may be deemed a failure to exercise reasonable care. Lender's failure to take steps to preserve rights against any parties or property shall 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 shall be is borne by BorrowersBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (U S Diagnostic Inc)

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