Limitation on Duties Regarding Preservation of Collateral. Agent's 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 property for its own account. Neither Agent, Lender nor any of their respective directors, officers or employees 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 Borrower or otherwise.
Appears in 4 contracts
Samples: Master Loan and Security Agreement (American Strategic Income Portfolio Inc), Master Loan and Security Agreement (American Strategic Income Portfolio Inc Iii), Master Loan and Security Agreement (American Strategic Income Portfolio Inc Ii)
Limitation on Duties Regarding Preservation of Collateral. The Agent's ’s 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 property for its own account. Neither the Agent, any Lender nor any of their respective directors, officers or employees 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 Borrower the Borrowers or otherwise.
Appears in 3 contracts
Samples: Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)
Limitation on Duties Regarding Preservation 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 9207 of the Uniform Commercial 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. Neither AgentNo Secured Party, Lender nor any of their respective directors, officers officers, employees or employees 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 Borrower any Debtor or otherwise.
Appears in 2 contracts
Samples: Security Agreement (West Pharmaceutical Services Inc), Credit Agreement (West Pharmaceutical Services Inc)
Limitation on Duties Regarding Preservation of 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 property for its own account. Neither the Agent, Lender any Bank nor any of their respective directors, officers officers, employees or employees 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 Borrower or otherwise.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Suprema Specialties Inc), Guaranty and Security Agreement (Suprema Specialties Inc)
Limitation on Duties Regarding Preservation of Collateral. The 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 the Collateral Agent deals with similar property for its own account. Neither Agent, Lender the Collateral Agent nor any of their respective its directors, officers officers, employees or employees 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 Borrower or otherwise.
Appears in 2 contracts
Samples: Security Agreement (Intellinetics, Inc.), Security Agreement (Bridgeline Digital, Inc.)
Limitation on Duties Regarding Preservation of Collateral. The Security 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 Security Agent deals with similar property for its own account. Neither Agent, Lender the Security Agent nor any of their respective its directors, officers officers, employees or employees 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 Borrower the Owner Participant or otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Willis Lease Finance Corp), Mortgage and Security Agreement (Willis Lease Finance Corp)
Limitation on Duties Regarding Preservation of 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 property for its own account. Neither the Agent, Lender any Lender, nor any of their respective directors, officers officers, employees or employees 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 Borrower or otherwise.
Appears in 2 contracts
Samples: Pledge Agreement (Oro Spanish Broadcasting Inc), Credit and Guarantee Agreement (Warren S D Co /Pa/)
Limitation on Duties Regarding Preservation of Collateral. Administrative Agent's ’s 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 Administrative Agent deals with similar property for its own account. Neither Agent, Lender Administrative Agent nor any of their respective its directors, officers or employees 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 Borrower or otherwise.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Starwood Waypoint Residential Trust)
Limitation on Duties Regarding Preservation of Collateral. The Agent's ’s 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 property for its own account. Neither Agent, Lender the Agent nor any of their respective its directors, officers or employees 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 Borrower the Note Issuer or otherwise.
Appears in 1 contract
Samples: Committed Note Purchase and Security (ECC Capital CORP)
Limitation on Duties Regarding Preservation of Collateral. The Agent's ’s 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 property for its own account. Neither the Agent, the Lender nor any of their respective directors, officers or employees 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 Borrower the Borrowers or otherwise.
Appears in 1 contract
Samples: Master Loan and Security Agreement (New Century Financial Corp)
Limitation on Duties Regarding Preservation of 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 property for its own account. Neither the Agent, Lender any Bank, nor any of their respective directors, officers officers, employees or employees 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 Borrower the Debtor or otherwise.
Appears in 1 contract
Samples: Credit Agreement (Dairy Mart Convenience Stores Inc)
Limitation on Duties Regarding Preservation of Collateral. The Agent's --------------------------------------------------------- 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 property for its own account. Neither Agent, Lender the Agent nor any of their respective its directors, officers or employees 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 Borrower the Note Issuer or otherwise.
Appears in 1 contract
Samples: Committed Note Purchase and Security Agreement (New Century Financial Corp)
Limitation on Duties Regarding Preservation of 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 he to deal with it in the same manner as the Agent deals with similar property for its own account. Neither the Agent, Lender any Lender, nor any of their respective directors, officers officers, employees or employees 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 Borrower the Grantor or otherwiseany other Person.
Appears in 1 contract
Samples: Trademark Security Agreement (Aps Holding Corporation)
Limitation on Duties Regarding Preservation of 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 property for its own account. Neither the Agent, Lender any Lender, nor any of their respective directors, officers officers, employees or employees 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 Borrower the Grantor or otherwiseany other Person.
Appears in 1 contract
Limitation on Duties Regarding Preservation of 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 property for its own account. Neither the Agent, Lender any Bank, nor any of their respective directors, officers officers, employees or employees 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 Borrower any Grantor or otherwise.
Appears in 1 contract
