Limitation on Duties Regarding Preservation of Collateral. 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 UCC or otherwise, shall be to deal with it in the same manner as Lender deals with similar property for its own account. Neither 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 Borrowers or otherwise.
Appears in 3 contracts
Samples: Loan and Security Agreement (Brooklyn Cheesecake & Desert Com), Loan and Security Agreement (Creative Bakeries Inc), Loan and Security Agreement (Brooklyn Cheesecake & Desert Com)
Limitation on Duties Regarding Preservation of Collateral. 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 UCC or otherwise, shall be to deal with it in the same manner as Lender deals would deal with similar property for its own account. Neither Lender, Lender nor any of their respective its partners, directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers Grantor or otherwise.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Dreams Inc), Intellectual Property Security Agreement (Faraday Financial Inc), Pledge and Security Agreement (Dreams Inc)
Limitation on Duties Regarding Preservation of Collateral. The Lender'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 UCC Code or otherwise, shall be to deal with it such Collateral in the same manner as the Lender deals with similar property for its own account. Neither Lender, the Lender nor any of their respective its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Obligor or otherwise.
Appears in 3 contracts
Samples: Asset Purchase and License Agreement (Acorda Therapeutics Inc), Asset Purchase and License Agreement (Civitas Therapeutics, Inc.), Asset Purchase and License Agreement (Civitas Therapeutics, Inc.)
Limitation on Duties Regarding Preservation of Collateral. The Lender's ’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 9207 of the UCC Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither LenderNo holder of any Obligation, 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 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 Borrowers the Debtors or otherwise.
Appears in 2 contracts
Samples: Purchase Agreement (Environmental Tectonics Corp), Purchase Agreement (Environmental Tectonics Corp)
Limitation on Duties Regarding Preservation of Collateral. The Lender'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 UCC Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither Lender, the Lender nor any of their respective its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Borrower or otherwise.
Appears in 2 contracts
Samples: Security Agreement (Inergetics Inc), Security Agreement (Zoom Technologies Inc)
Limitation on Duties Regarding Preservation of Collateral. The Lender's sole ’s duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither Lender, the Lender nor any of their respective its directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers or otherwise.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Aames Financial Corp/De), Master Loan and Security Agreement (Aames Investment Corp)
Limitation on Duties Regarding Preservation of Collateral. LenderThe --------------------------------------------------------- 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 UCC Code or otherwise, shall be to deal with it in the same manner as Lender the Collateral Agent deals with similar property for its own account. Neither Lender, the Collateral Agent nor any of their respective its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Grantor or otherwise.
Appears in 2 contracts
Samples: Security Agreement (Cephalon Inc), Patent and Trademark Security Agreement (Cephalon Inc)
Limitation on Duties Regarding Preservation of Collateral. Lender's sole ’s duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as Lender deals with similar property for its own account. Neither Lender, Lender nor any of their respective its directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers Pledgor or otherwise.
Appears in 2 contracts
Samples: Security and Subordination Agreement (PennyMac Mortgage Investment Trust), Security and Subordination Agreement (PennyMac Mortgage Investment Trust)
Limitation on Duties Regarding Preservation of Collateral. The Lender's sole ’s duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither Lender, the Lender nor any of their respective its directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Borrower or otherwise.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (Fleetwood Enterprises Inc/De/)
Limitation on Duties Regarding Preservation of Collateral. Lender's The sole duty of the Lender with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC or otherwise, shall be to deal with it in the same manner as such Lender deals with similar property for its own account. Neither Lender, the Lender nor any of their respective its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Borrower or otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Launch Media Inc), Loan and Security Agreement (Yahoo Inc)
Limitation on Duties Regarding Preservation of Collateral. Lender's The Holder’s sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC Code or otherwise, shall be to deal with it in the same manner as Lender the Holder deals with similar property for its own account. Neither Lender, the Holder nor any of their respective its directors, officers, members, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Grantor or otherwise.
Appears in 2 contracts
Samples: Security Agreement (Onstream Media CORP), Security Agreement (Onstream Media CORP)
Limitation on Duties Regarding Preservation of Collateral. The 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 UCC Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property held for its own account. Neither Lender, the Lender nor any of their respective its directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers or otherwise.
Appears in 1 contract
Samples: Master Loan and Security Agreement (American Business Financial Services Inc /De/)
Limitation on Duties Regarding Preservation of Collateral. The --------------------------------------------------------- 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 UCC Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither Lender, nor any of their its respective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Borrower or otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Sizzler International Inc)
Limitation on Duties Regarding Preservation of Collateral. LenderThe Holder's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC Code or otherwise, shall be to deal with it in the same manner as Lender the Holder deals with similar property for its own account. Neither Lender, the Holder nor any of their respective its directors, officers, members, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Grantor or otherwise.
Appears in 1 contract
Limitation on Duties Regarding Preservation of Collateral. LenderThe 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 UCC Code or otherwise, shall be to deal with it in the same manner as Lender the Collateral Agent deals with similar property for its own account. Neither Lenderthe Collateral Agent, nor any of their respective its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers any Grantor or otherwise.
Appears in 1 contract
Limitation on Duties Regarding Preservation of Collateral. The 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 UCC Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither Lender, the Lender nor any of their respective its directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers any Borrower or otherwise.
Appears in 1 contract
Limitation on Duties Regarding Preservation of Collateral. 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 UCC Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as Lender deals with similar property for its own account. Neither Lender, Lender nor any of their respective its directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers or otherwise.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Capital Trust Inc)
Limitation on Duties Regarding Preservation of Collateral. LenderThe 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 UCC Code or otherwise, shall be to deal with it in the same manner as Lender the Collateral Agent deals with similar property for its own account. Neither Lenderthe Collateral Agent, nor any of their respective its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Grantor or otherwise.
Appears in 1 contract
Limitation on Duties Regarding Preservation of Collateral. The Lender's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, whether arising under Section 9-207 of the UCC Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither Lender, the Lender nor any of their respective its directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Borrower or otherwise.
Appears in 1 contract
Samples: Loan Agreement (American Business Financial Services Inc /De/)
Limitation on Duties Regarding Preservation of Collateral. The Lender's sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 9207 of the UCC Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither LenderNo holder of any Obligation, 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 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 Borrowers the Debtors or otherwise.
Appears in 1 contract
Limitation on Duties Regarding Preservation of Collateral. The Lender's sole duty with respect to the custody, safekeeping and physical preservation of the any Collateral in its possession, under Section 9-207 of the UCC Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither Lender, the Lender nor any of their respective its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Borrower or otherwise.
Appears in 1 contract
Samples: Interim Loan and Security Agreement (Aames Financial Corp/De)
Limitation on Duties Regarding Preservation of Collateral. The Lender'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 UCC Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither Lender, the Lender nor any of their respective its directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers the Grantor or otherwiseany other person.
Appears in 1 contract
Samples: Patent, Trademark and Copyright Security Agreement (Advanced Photonix Inc)
Limitation on Duties Regarding Preservation of Collateral. The 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 UCC Uniform Commercial Code or otherwise, shall be to deal with it in the same manner as the Lender deals with similar property for its own account. Neither Lender, the Lender nor any of their respective its directors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the collateral 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 Borrowers either Borrower or otherwise.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Allied Capital Corp)