Liability of the Lender. The Pledgor hereby agrees that the Lender shall not be chargeable for any negligence, mistake, act or omission of any accountant, examiner, agency or attorney employed by the Lender in making examinations, investigations or collections, the Lender’s failure to preserve or protect any rights of the Pledgor under the Stock Collateral or the Lender’s failure to perfect, maintain, protect or realize upon any lien or security interest or any other interest in the Stock Collateral or other security for the Obligations. By inspecting the Stock Collateral or any other properties of the Pledgor or by accepting or approving anything required to be observed, performed or fulfilled by the Pledgor or to be given to the Lender pursuant to this Agreement or any of the other Financing Documents, the Lender shall not be deemed to have warranted or represented the condition, sufficiency, legality, effectiveness or legal effect of the same, and such acceptance or approval shall not constitute any warranty or representation with respect thereto by the Lender.
Appears in 4 contracts
Samples: Pledge, Assignment and Security Agreement (Argan Inc), Pledge, Assignment and Security Agreement (Argan Inc), Pledge, Assignment and Security Agreement (Argan Inc)
Liability of the Lender. The Pledgor Each of the Borrowers hereby agrees that the Lender shall not be chargeable for any negligence, mistake, act or omission of any third-party accountant, examiner, agency or attorney employed by the Lender in making examinations, investigations or collections, the Lender’s failure to preserve or protect any rights of the Pledgor under the Stock Collateral otherwise in perfecting, maintaining, protecting or the Lender’s failure to perfect, maintain, protect or realize realizing upon any lien or security interest or any other interest in the Stock Collateral or other security for the Obligations. By inspecting the Stock Collateral or any other properties of any of the Pledgor Borrowers or any of the Subsidiaries or Affiliates of any of the Borrowers or by accepting or approving anything required to be observed, performed or fulfilled by the Pledgor Borrowers or to be given to the Lender pursuant to this Agreement or any of the other Financing Documents, the Lender shall not be deemed to have warranted or represented the condition, sufficiency, legality, effectiveness or legal effect of the same, and such acceptance or approval shall not constitute any warranty or representation with respect thereto by the Lender.
Appears in 2 contracts
Samples: Financing Agreement (Town & Country Trust), Financing Agreement (Town & Country Trust)
Liability of the Lender. The Pledgor hereby agrees that the Lender shall not be chargeable for any negligence, mistake, act or omission of any accountant, examiner, agency or attorney employed by the Lender in making examinations, investigations or collections, the Lender’s failure to preserve or protect any rights of the Pledgor under the Stock Collateral or the Lender’s failure to perfect, maintain, protect or realize upon any lien or security interest or any other interest in the Stock Collateral or other security for the Obligations. By inspecting the Stock Collateral or any other properties of the Pledgor or by accepting or approving anything required to be observed, performed or fulfilled by the Pledgor or to be given to the Lender pursuant to this Agreement or any of the other Financing Documents, the Lender shall not be deemed to have warranted or represented the condition, sufficiency, legality, effectiveness or legal effect of the same, and such acceptance or approval shall not constitute any warranty or representation with respect thereto by the Lender.
Appears in 2 contracts
Samples: Pledge, Assignment and Security Agreement (Argan Inc), Pledge, Assignment and Security Agreement (Argan Inc)
Liability of the Lender. The Pledgor Borrower hereby agrees that the Lender shall not be chargeable for any negligence, mistake, act or omission of any accountant, examiner, agency or attorney employed by the Lender in making examinations, investigations or collections, the Lender’s failure to preserve or protect any rights of the Pledgor under the Stock Collateral otherwise in perfecting, maintaining, protecting or the Lender’s failure to perfect, maintain, protect or realize realizing upon any lien or security interest or any other interest in the Stock Collateral or other security for the Obligations, other than for errors or mistakes, which arise directly from the Lender's gross negligence or willful misconduct. By inspecting the Stock Collateral or any other properties of the Pledgor Borrower or by accepting or approving anything required to be observed, performed or fulfilled by the Pledgor Borrower or to be given to the Lender pursuant to this Agreement or any of the other Financing Documents, the Lender shall not be deemed to have warranted or represented the condition, sufficiency, legality, effectiveness or legal effect of the same, and such acceptance or approval shall not constitute any warranty or representation with respect thereto by the Lender.
Appears in 1 contract
Samples: Financing and Security Agreement (Cta Incorporated)
Liability of the Lender. The Pledgor Borrower hereby agrees that the Lender shall not be chargeable for any negligence, mistake, act or omission of any accountant, examiner, agency or attorney employed by the Lender in making examinations, investigations or collections, the Lender’s failure to preserve or protect any rights of the Pledgor Borrower under the Stock Collateral or the Lender’s failure to perfect, maintain, protect or realize upon any lien or security interest or any other interest in the Stock Collateral or other security for the Obligations. By inspecting the Stock Collateral or any other properties of the Pledgor Borrower or by accepting or approving anything required to be observed, performed or fulfilled by the Pledgor Borrower or to be given to the Lender pursuant to this Agreement or any of the other Financing Documents, the Lender shall not be deemed to have warranted or represented the condition, sufficiency, legality, effectiveness or legal effect of the same, and such acceptance or approval shall not constitute any warranty or representation with respect thereto by the Lender.
Appears in 1 contract
Samples: Pledge, Assignment and Security Agreement (Liquidity Services Inc)