No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 13 contracts
Samples: Guarantee and Security Agreement (Northstar Realty), Master Loan and Security Agreement (BNC Mortgage Inc), Master Loan and Security Agreement (Long Beach Financial Corp)
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower Borrowers for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 10 contracts
Samples: Master Loan and Security Agreement (Aames Financial Corp/De), Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc), Master Loan and Security Agreement (American Business Financial Services Inc /De/)
No Duty of Lender. The powers conferred on the Lender ----------------- hereunder are solely to protect the Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 6 contracts
Samples: And Security Agreement (Imperial Credit Commercial Mortgage Investment Corp), And Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (Life Financial Corp)
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 5 contracts
Samples: Security Agreement (Ares Commercial Real Estate Corp), Master Loan and Security Agreement (Capital Trust), Loan Agreement (Capital Trust)
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's ’s interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 3 contracts
Samples: Loan and Security Agreement (TPG RE Finance Trust, Inc.), Loan and Security Agreement (TPG RE Finance Trust, Inc.), Loan and Security Agreement (TPG RE Finance Trust, Inc.)
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's ’s interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower Borrowers for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 3 contracts
Samples: Master Loan and Security Agreement (Aames Investment Corp), Master Loan and Security Agreement (Aames Financial Corp/De), Credit Agreement (Affordable Residential Communities Inc)
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's ’s interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the a Borrower for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Sutherland Asset Management Corp), Master Loan and Security Agreement (Sutherland Asset Management Corp)
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's ’s interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Loan and Security Agreement (NexPoint Real Estate Finance, Inc.), Loan and Security Agreement (NexPoint Real Estate Finance, Inc.)
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower for any act or failure to act hereunder, except for its or their its own gross negligence or willful misconduct.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Allied Capital Corp)
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's ’s interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents Lender shall not be responsible to the Borrower for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct, as determined by a court of competent jurisdiction pursuant to a final, non–appealable judgment.
Appears in 1 contract
Samples: Loan and Security Agreement (Franklin BSP Realty Trust, Inc.)
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the any Borrower for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 1 contract
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower Loan Parties for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 1 contract
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower Borrowers for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Capital Trust Inc)
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's ’s interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Newtek Business Services Inc)
No Duty of Lender. The powers conferred on the Lender ----------------- hereunder are solely to protect the Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower Borrowers for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 1 contract
Samples: Master Loan and Security Agreement (New Century Financial Corp)
No Duty of Lender. The powers conferred on the Lender hereunder are solely to protect the Lender's interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Lender shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and neither it nor any of its officers, directors, employees or agents shall be responsible to the Borrower for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.. -45- 51
Appears in 1 contract
Samples: Master Loan and Security Agreement (Chastain Capital Corp)
