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

Limitation on Duties Regarding Preservation 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. Neither the Administrative Agent, any other Secured Party, nor any of their respective directors, officers, employees, affiliates 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 Grantor or any other Person.

Appears in 4 contracts

Samples: Patent and Trademark Security Agreement (Ev International Inc), Patent and Trademark Security Agreement (Telex Communications Inc), Security Agreement (Global Decisions Group LLC)

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Limitation on Duties Regarding Preservation 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. Neither None of the Administrative Agent, any other Secured PartyOther Representative, any Lender, nor any of their respective directors, officers, employees, affiliates 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 Grantor or any other Person.

Appears in 3 contracts

Samples: Subsidiary Security Agreement (Raci Holding Inc), Subsidiary Security Agreement (Raci Holding Inc), Borrower Patent and Trademark Security Agreement (Raci Holding Inc)

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 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. Neither the Administrative Agent, any other Secured PartyLender, nor any of their respective directors, officers, employees, affiliates 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 any Grantor or any other Personotherwise.

Appears in 3 contracts

Samples: Collateral Agreement (Stratus Technologies Bermuda Holdings Ltd.), Intercreditor Agreement (Stratus Technologies Bermuda Holdings Ltd.), Collateral Agreement (Stratus Technologies International Sarl)

Limitation on Duties Regarding Preservation 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. Neither the Administrative Agent, any other Secured PartyLender, nor any of their respective directors, officers, employees, affiliates 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 Grantor Company or any other Personotherwise.

Appears in 2 contracts

Samples: Pledge Agreement (Essex Group Inc), Credit Agreement (Carter William Co /Ga/)

Limitation on Duties Regarding Preservation 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. Neither the Administrative Agent, any other Secured PartyLender, nor any of their respective directors, officers, employees, affiliates 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 any Grantor or any other Personotherwise.

Appears in 2 contracts

Samples: Credit Agreement (Werner Holding Co Inc /Pa/), Collateral Agreement (Werner Holding Co Inc /Pa/)

Limitation on Duties Regarding Preservation 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. Neither the Administrative Agent, any other Secured PartyLender, nor any of their respective directors, officers, employees, affiliates 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 Grantor Holdings or any other Personotherwise.

Appears in 1 contract

Samples: Pledge Agreement (Essex Group Inc)

Limitation on Duties Regarding Preservation of Collateral. The Administrative 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 Code or otherwise, shall be to deal with it in the same manner as the Administrative Collateral Agent deals with similar property for its own account. Neither the Administrative Collateral Agent, any other Secured PartyIndenture Claimholder, nor any of their respective directors, officers, employees, affiliates 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 any Grantor or any other Personotherwise.

Appears in 1 contract

Samples: Indenture Collateral Agreement (Stratus Technologies Bermuda Holdings Ltd.)

Limitation on Duties Regarding Preservation of Collateral. The Administrative Agent'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 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 Subject to the immediately preceding sentence, neither the Administrative Agent, any other Secured Party, Agent nor any of their respective its directors, officers, employees, affiliates officers or agents employees shall be liable to Borrower, any Guarantor or any other Person 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 Grantor Borrower or any other Personotherwise.

Appears in 1 contract

Samples: Revolving Credit Loan and Security Agreement (Ashford Hospitality Trust Inc)

Limitation on Duties Regarding Preservation 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 240 property for its own account. Neither the Administrative Agent, any other Secured Party, nor any of their respective directors, officers, employees, affiliates 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 Grantor or any other Person.

Appears in 1 contract

Samples: And Collateral Agreement (Ev International Inc)

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Limitation on Duties Regarding Preservation 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. Neither the Administrative Agent, any other Secured Party, nor any of their respective directors, officers, employees, affiliates 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 any Grantor or any other Personotherwise.

Appears in 1 contract

Samples: Collateral Agreement (Sailors Inc)

Limitation on Duties Regarding Preservation of Collateral. The Administrative Agent's Co-Agents' sole duty with respect to the custody, safekeeping and physical preservation of the Collateral in its their 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 Co-Agents deal with similar property for its their own account. Neither the Administrative AgentCo-Agents, any other Secured Party, nor any of their respective directors, officers, employees, affiliates 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 Grantor or any other Person.

Appears in 1 contract

Samples: Patent and Trademark Security Agreement (Telex Communications Inc)

Limitation on Duties Regarding Preservation 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. Neither the Administrative Agent, any other Secured Party, nor any of their respective directors, officers, employees, affiliates 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 any Grantor or any other Person.

Appears in 1 contract

Samples: Patent and Trademark Security Agreement (Day International Group Inc)

Limitation on Duties Regarding Preservation 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. Neither None of the Administrative Agent, any other Secured PartyOther Representative, any Lender, nor any of their respective directors, officers, employees, affiliates 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 Grantor Borrower or any other Person.

Appears in 1 contract

Samples: Borrower Security Agreement (Raci Holding Inc)

Limitation on Duties Regarding Preservation 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. Neither the Administrative Agent, any other Secured PartyLender, nor any of their respective directors, officers, employees, affiliates 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 Grantor any Subsidiary or any other Personotherwise.

Appears in 1 contract

Samples: Pledge Agreement (Essex Group Inc)

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