Common use of Limitation on Duties Regarding Collateral Clause in Contracts

Limitation on Duties Regarding Collateral. Agent’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as Agent deals with similar securities and property for its own account. Neither Agent, any Lender, nor any of their respective directors, officers, employees shall be liable for failure to demand, collect or realize upon any 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 Pledgor or any other person or to take any other action whatsoever with regard to the Collateral or any part thereof.

Appears in 5 contracts

Samples: Pledge and Security Agreement, Pledge and Security Agreement (Nexpoint Multifamily Capital Trust, Inc.), Pledge and Security Agreement (Nexpoint Multifamily Capital Trust, Inc.)

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Limitation on Duties Regarding Collateral. The Agent’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar securities and property for its own account. Neither the Agent, any Lender, Secured Party nor any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any 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 the Pledgor or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 3 contracts

Samples: Pledge Agreement (Dover Motorsports Inc), Pledge Agreement (Dover Motorsports Inc), Pledge Agreement (Dover Motorsports Inc)

Limitation on Duties Regarding Collateral. The Agent’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar securities and property for its own account. Neither the Agent, any Lender, Lender nor any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any 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 the Pledgor or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 3 contracts

Samples: Borrower Pledge Agreement (Sirrom Investments Inc), Pledge Agreement (Insignia Properties Trust /), Pledge Agreement (Insignia Properties Trust /)

Limitation on Duties Regarding Collateral. The Agent’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar securities and property for its own account. Neither None of the Agent, any Lender, nor the Lenders or any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any 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 the Pledgor or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 2 contracts

Samples: Subsidiary Pledge Agreement (Oro Spanish Broadcasting Inc), Pledge Agreement (Oro Spanish Broadcasting Inc)

Limitation on Duties Regarding Collateral. The Administrative Agent’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Administrative Agent deals with similar securities and property for its own account. Neither None of the Administrative Agent, any Lender, nor Infogrames U.S. or any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any 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 any Pledgor or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 2 contracts

Samples: Pledge Agreement (Gt Interactive Software Corp), Pledge Agreement (Infogrames Entertainment Sa)

Limitation on Duties Regarding Collateral. The Administrative Agent’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Administrative Agent deals with similar securities and property for its own account. Neither None of the Administrative Agent, any the Issuing Lender, any Lender nor any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any 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 the Pledgor or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 2 contracts

Samples: Credit Agreement (Werner Holding Co Inc /Pa/), Credit Agreement (Carter William Co /Ga/)

Limitation on Duties Regarding Collateral. The Agent’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar securities and property for its own account. Neither Agent, any Lender, holder of any Obligation nor any of their its respective directors, officers, employees or agents shall be liable for any failure to demand, collect or realize upon any 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 Pledgor the Pledgors or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 1 contract

Samples: Pledge and Security Agreement (Pma Capital Corp)

Limitation on Duties Regarding Collateral. The Administrative Agent’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Administrative Agent deals with similar securities and property for its own account. Neither None of the Administrative Agent, any the Issuing Lender, any Lender nor any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any 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 Pledgor the Company or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 1 contract

Samples: Credit Agreement (Carter William Co /Ga/)

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Limitation on Duties Regarding Collateral. The Agent’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar securities and property for its own account. Neither the Agent, any Lender, and Lender nor any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any of the Collateral or for any delay in so doing so or nor shall any of them be under any obligation to sell or otherwise dispose of any Collateral upon the request of Pledgor the Borrower or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 1 contract

Samples: Pledge Agreement (Swank Inc)

Limitation on Duties Regarding Collateral. Collateral ----------------------------------------- Agent’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as Collateral Agent deals with similar securities and property for its own account. Neither Agent, any Lender, Collateral Agent nor any of their respective its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any 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 Pledgor or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 1 contract

Samples: Pledge and Security Agreement (Continental Caribbean Containers Inc)

Limitation on Duties Regarding Collateral. Agent’s 's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be be, to deal with it in the same manner as Agent deals with similar securities and property for its own account, which shall not include any steps necessary to preserve rights against prior parties. Neither Agent, Agent nor any Lender, nor Lender or any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any 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 Pledgor the Pledgors or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 1 contract

Samples: Pledge and Security Agreement (Shelbourne Properties I Inc)

Limitation on Duties Regarding Collateral. The Agent’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code as in effect on the date hereof (or any successor provision thereto) or otherwise, shall be to deal with it in the same manner as the Agent deals with similar securities and property for its own account. Neither None of the Agent, any Lender, nor the Lender or any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any 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 the Pledgor or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 1 contract

Samples: Pledge Agreement (Aleritas Capital Corp.)

Limitation on Duties Regarding Collateral. The Agent’s 's sole duty ----------------------------------------- with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Agent deals with similar securities and property for its own account. Neither Subject to the immediately preceding sentence, neither the Agent, any Lender, Lender nor any of their respective its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon any 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 the Pledgor or any other person or to take any other action whatsoever with regard to the Collateral or any part thereofotherwise.

Appears in 1 contract

Samples: Pledge Agreement (New Pameco Georgia Corp)

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