Common use of Limitation on Duties Regarding Presentation of Collateral Clause in Contracts

Limitation on Duties Regarding Presentation of Collateral. The Administrative 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 Code or otherwise, shall be to deal with it in the same manner as the Administrative Agent deals with similar property for its own account. None of the Administrative Agent, any Lender, nor the Issuing Lender nor any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part 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 Grantors or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Administrative Agent and the Lenders and the Issuing Lender hereunder are solely to protect the Administrative Agent's and the Lenders' and the Issuing Lender's interests in the Collateral and shall not impose any duty upon the Administrative Agent or any Lender or the Issuing Lender to exercise any such powers. The Administrative Agent and the Lenders and the Issuing Lender shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees or agents shall be responsible to any Grantor for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 2 contracts

Samples: Security Agreement (Denali Inc), Credit Agreement (Denali Inc)

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Limitation on Duties Regarding Presentation of 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 Code or otherwise, possession shall be to deal with it in the same manner as the Administrative Agent deals with similar property for its own account. None of the Administrative Agent, Agent nor any Lender, nor the Issuing Lender Secured Party nor any of their respective directors, officers, employees employees, agents or agents advisors shall be liable for failure to demand, collect or realize upon all or any part 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 Grantors any Grantor or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Administrative Agent and the Lenders and the Issuing Lender other Secured Parties hereunder are solely to protect the Administrative Agent's ’s and the Lenders' and the Issuing Lender's Secured Parties’ interests in the Collateral and shall not impose any duty upon the Administrative Agent or any Lender or the Issuing Lender Secured Party to exercise any such powers. The Administrative Agent and the Lenders and the Issuing Lender other Secured Parties shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees employees, agents or agents advisors shall be responsible to any Grantor for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Credit Agreement (Sprague Resources LP)

Limitation on Duties Regarding Presentation of Collateral. The Administrative Agent's Lender’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code or otherwise, shall be to deal with it in the same manner as the Administrative Agent Lender deals with similar property for its own account. None of Neither the Administrative Agent, any Lender, nor the Issuing Lender nor any of their its respective directors, officers, employees employees, agents or agents advisors shall be liable for failure to demand, collect or realize upon all or any part 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 Grantors Grantor or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Administrative Agent and the Lenders and the Issuing Lender hereunder are solely to protect the Administrative Agent's and the Lenders' and the Issuing Lender's ’s interests in the Collateral and shall not impose any duty upon the Administrative Agent or any Lender or the Issuing Lender to exercise any such powers. The Administrative Agent and the Lenders and the Issuing Lender shall be accountable only for amounts that they it actually receive receives as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees employees, agents or agents advisors shall be responsible to any the Grantor for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Security Agreement (Affordable Residential Communities Inc)

Limitation on Duties Regarding Presentation of Collateral. The Administrative 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 Code or otherwise, shall be to deal with it in the same manner as the Administrative Agent deals with similar property for its own account. None of the Administrative Agent, any Lender, nor the Issuing Lender nor any of their respective directors, officers, employees or agents Administrative Agents shall be liable for failure to demand, collect or realize upon all or any part 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 Grantors Borrower or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Administrative Agent and Agent, the Lenders and the Issuing Lender hereunder are solely to protect the Administrative Agent's and 's, the Lenders' and the Issuing Lender's interests in the Collateral and shall not impose any duty upon the Administrative Agent or Agent, any Lender or the Issuing Lender to exercise any such powers. The Administrative Agent and Agent, the Lenders and the Issuing Lender shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees or agents Administrative Agents shall be responsible to any Grantor the Borrower for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Security Agreement (Unidigital Inc)

Limitation on Duties Regarding Presentation of 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 Code or otherwise, possession shall be to deal with it in the same manner as the Administrative Agent deals with similar property for its own account. None of the Administrative Agent, Agent nor any Lender, nor the Issuing Lender Secured Party nor any of their respective directors, officers, employees employees, agents or agents advisors shall be liable for failure to demand, collect or realize upon all or any part 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 Grantors any Grantor or any other Person or to take any other action whatsoever with regard to the CANADIAN SECURITY AGREEMENT Collateral or any part thereof. The powers conferred on the Administrative Agent and the Lenders and the Issuing Lender other Secured Parties hereunder are solely to protect the Administrative Agent's ’s and the Lenders' and the Issuing Lender's Secured Parties’ interests in the Collateral and shall not impose any duty upon the Administrative Agent or any Lender or the Issuing Lender Secured Party to exercise any such powers. The Administrative Agent and the Lenders and the Issuing Lender other Secured Parties shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees employees, agents or agents advisors shall be responsible to any Grantor for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Credit Agreement

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Limitation on Duties Regarding Presentation of 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 Code UCC or otherwise, shall be to deal with it in the same manner as the Administrative Agent deals with similar property for its own account. None of Neither the Administrative Agent, Agent nor any Lender, nor the Issuing Lender nor any of their respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part 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 Grantors any Grantor or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Administrative Agent and the Lenders and the Issuing Lender hereunder are solely to protect the Administrative Agent's ’s and the Lenders' and the Issuing Lender's interests in the Collateral and shall not impose any duty upon the Administrative Agent or any Lender or the Issuing Lender to exercise any such powers. The Administrative Agent and the Lenders and the Issuing Lender shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees or agents shall be responsible to any Grantor for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Guarantor Security Agreement (Steinway Musical Instruments Inc)

Limitation on Duties Regarding Presentation of Collateral. The Administrative AgentLender's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the Code UCC or otherwise, shall be to deal with it in the same manner as the Administrative Agent Lender deals with similar property for its own account. None of Neither the Administrative Agent, any Lender, nor the Issuing Lender nor any of their its respective directors, officers, employees employees, agents or agents advisors shall be liable for failure to demand, collect or realize upon all or any part 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 Grantors any Grantor or any other Person or to take any other action whatsoever with regard to the Collateral or any part thereof. The powers conferred on the Administrative Agent and the Lenders and the Issuing Lender hereunder are solely to protect the Administrative Agent's and the Lenders' and the Issuing Lender's interests in the Collateral and shall not impose any duty upon the Administrative Agent or any Lender or the Issuing Lender to exercise any such powers. The Administrative Agent and the Lenders and the Issuing Lender shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither they nor any of their officers, directors, employees employees, agents or agents advisors shall be responsible to any Grantor for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Security Agreement (U Haul International Inc)

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