Common use of Lender’s Obligations and Duties Clause in Contracts

Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor shall remain obligated and liable under each contract or agreement included in the Collateral to be observed or performed by the Grantor thereunder. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under the UCC of the State or otherwise, shall be to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 3 contracts

Samples: Security Agreement (Ecoark Holdings, Inc.), Security Agreement (Mod Pac Corp), Security Agreement (Pinnacle Data Systems Inc)

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Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor shall Borrower will remain obligated and liable under each contract or agreement included comprised in the Collateral to be observed or performed by the Grantor Borrower thereunder. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor Borrower under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC Uniform Commercial Code of the State or otherwise, shall be is to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 3 contracts

Samples: Security Agreement (Advanced BioEnergy, LLC), Security Agreement (Great Plains Ethanol LLC), Security Agreement (Golden Grain Energy)

Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor Company shall remain obligated and liable under each contract or agreement included comprised in the Collateral to be observed or performed by the Grantor Company thereunder. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 2 contracts

Samples: Subordinated Loan Agreement (Rurbanc Data Services Inc), Subordinated Loan Agreement (Rurbanc Data Services Inc)

Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor Guarantor shall remain obligated and liable for its obligations under each contract or agreement included in the Collateral to be observed or performed by the Grantor thereunderCollateral. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor Guarantor under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §9-207 of the UCC NYUCC of the State or otherwise, shall be to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 2 contracts

Samples: Security Agreement (Converted Organics Inc.), Security Agreement (Converted Organics Inc.)

Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor shall Borrower will remain obligated and liable under each contract or agreement included comprised in the Collateral to be observed or performed by the Grantor Borrower thereunder. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor Borrower under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC Uniform Commercial Code of the State or otherwise, shall be is to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Nedak Ethanol, LLC)

Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor Company shall remain obligated and liable under each contract or agreement included comprised in the Collateral to be observed or performed by the Grantor Company thereunder. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under § 9.1-207 of the UCC Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Janel Corp)

Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor Company shall remain obligated and liable under each contract or agreement included comprised in the Collateral to be observed or performed by the Grantor Company thereunder. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under ss. 9.1-207 of the UCC Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Cohesant Inc.)

Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor Company shall remain obligated and liable under each contract or agreement included comprised in the Collateral to be observed or performed by the Grantor Company thereunder. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s 's sole duty with respect to the custody, safe keeping safekeeping and physical preservation of the Collateral in its possession, under the UCC Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Precision Optics Corporation, Inc.)

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Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor Company shall remain obligated and liable under each contract or agreement included comprised in the Collateral to be observed or performed by the Grantor Company thereunder. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s sole duty with respect to the custody, safe keeping safekeeping and physical preservation of the Collateral in its possession, under the UCC Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Plures Technologies, Inc./De)

Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor Borrower shall remain obligated and liable under each contract or agreement included comprised in the Collateral to be observed or performed by the Grantor Borrower thereunder. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor Borrower under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Great Plains Ethanol LLC)

Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor Company shall remain obligated and liable under each contract or agreement included comprised in the Collateral to be observed or performed by the Grantor Company thereunder. The Lender RACC shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender RACC of any payment relating to any of the Collateral, nor shall the Lender RACC be obligated in any manner to perform any of the obligations of the Grantor Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender RACC in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender RACC or to which the Lender RACC may be entitled at any time or times. The Lender’s RACC's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Lender RACC deals with similar property for its own account.

Appears in 1 contract

Samples: 15 Security Agreement (Great Lakes Aviation LTD)

Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor Borrower shall remain obligated and liable under each contract or agreement included comprised in the Collateral to be observed or performed by the Grantor Borrower thereunder. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor Borrower under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC of the State or otherwise, shall be to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Edac Technologies Corp)

Lender’s Obligations and Duties. Anything herein to the contrary notwithstanding, the Grantor Borrower shall remain obligated and liable under each contract or agreement included comprised in the Collateral to be observed or performed by the Grantor Borrower thereunder. The Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any of the Collateral, nor shall the Lender be obligated in any manner to perform any of the obligations of the Grantor Borrower under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Lender in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Lender or to which the Lender may be entitled at any time or times. The Lender’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Lender deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (East Kansas Agri Energy LLC)

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