Common use of Liability of the Lender Clause in Contracts

Liability of the Lender. The Borrowers hereby agree that the Lender shall not be chargeable for any negligence, mistake, act or omission, except the gross negligence or willful misconduct, of any accountant, examiner, agency or attorney employed by the Lender in making examinations, investigations or collections, or otherwise in perfecting, maintaining, protecting or realizing upon any lien or security interest or any other interest in the Collateral or other security for the Obligations. By inspecting the Collateral or any other properties of the Borrowers or by accepting or approving anything required to be observed, performed or fulfilled by the 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 1 contract

Samples: Financing and Security Agreement (Clean Towel Service Inc)

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Liability of the Lender. The Borrowers Obligors hereby agree that in the absence of the Lender’s gross negligence or willful misconduct, the Lender shall not be chargeable for any negligence, mistake, act or omission, except the gross negligence or willful misconduct, omission of any accountant, examiner, agency or attorney employed by the Lender in making examinations, examinations or investigations or collections, or otherwise in perfecting, maintaining, maintaining or protecting or realizing upon any lien Lien or security interest or any other interest in the Collateral or other security for the Obligations. By inspecting the Collateral or any other properties of the Borrowers any Obligor or by accepting or approving anything required to be observed, performed or fulfilled by the Borrowers any Obligor 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 (Optelecom-Nkf, Inc.)

Liability of the Lender. The Borrowers Borrower hereby agree agrees that the Lender shall not be chargeable for any negligence, mistake, act or omission, except the gross negligence or willful misconduct, omission of any accountant, examiner, agency or attorney employed by the Lender in making examinations, investigations or collections, or otherwise in perfecting, maintaining, protecting or realizing upon any lien or security interest or any other interest in the Collateral or other security for the Obligations, except for gross negligence or willful misconduct. By inspecting the Collateral or any other properties of the Borrowers Borrower or by accepting or approving anything required to be observed, performed or fulfilled by the Borrowers 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 (ARGON ST, Inc.)

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Liability of the Lender. The Borrowers Obligors hereby agree that in the absence of the Lender's gross negligence or willful misconduct, the Lender shall not be chargeable for any negligence, mistake, act or omission, except the gross negligence or willful misconduct, omission of any accountant, examiner, agency or attorney employed by the Lender in making examinations, examinations or investigations or collections, or otherwise in perfecting, maintaining, maintaining or protecting or realizing upon any lien Lien or security interest or any other interest in the Collateral or other security for the Obligations. By inspecting the Collateral or any other properties of the Borrowers any Obligor or by accepting or approving anything required to be observed, performed or fulfilled by the Borrowers any Obligor 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 (Optelecom Inc)

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