No Duty on Lender's Part. 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 14 contracts
Samples: Master Loan and Security Agreement (MortgageIT Holdings, Inc.), Master Loan and Security Agreement (Aames Financial Corp/De), Master Loan and Security Agreement (E Loan Inc)
No Duty on Lender's Part. 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 4 contracts
Samples: Warehouse Loan and Security Agreement (Aames Financial Corp/De), Warehouse Loan and Security Agreement (Aames Financial Corp/De), Warehouse Loan and Security Agreement (Aames Financial Corp/De)
No Duty on Lender's Part. 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 (Aames Financial Corp/De), Master Loan and Security Agreement (Aames Financial Corp/De), Master Loan and Security Agreement (Fleetwood Enterprises Inc/De/)
No Duty on Lender's Part. 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 Obligor for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
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.)
No Duty on Lender's Part. 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 2 contracts
Samples: Master Loan and Security Agreement (Offerpad Solutions Inc.), Master Loan and Security Agreement (Supernova Partners Acquisition Company, Inc.)
No Duty on Lender's Part. 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 the Lender 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 the Lender nor any of its officers, directors, employees or agents shall be responsible to the Borrower any Grantor for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Security Agreement (Merisel Inc /De/), Security Agreement (Merisel Inc /De/)
No Duty on Lender's Part. 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 or Guarantor 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 (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)
No Duty on Lender's Part. The powers conferred on the Lender hereunder are solely to protect the Lender's ’s interests in the Patent and Trademark Collateral and shall not impose any duty upon it the Lender 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, partners, managers, employees or agents shall be responsible to the Borrower Grantor 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 (Reeds Inc), Patent and Trademark Security Agreement (Jagged Peak, Inc.)
No Duty on Lender's Part. 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 employees, shareholders 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: Interim Warehouse and Security Agreement (First Alliance Corp /De/), Interim Warehouse and Security Agreement (First Alliance Corp /De/)
No Duty on Lender's Part. 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 the Lender 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 Grantor for any act or failure to act hereunder, except for its or their own gross negligence or willful misconduct.
Appears in 1 contract
Samples: Security Agreement (Affordable Residential Communities Inc)
No Duty on Lender's Part. 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 (Starwood Waypoint Residential Trust)
No Duty on Lender's Part. 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: Lending and Credit Support Agreement (Redwood Trust Inc)
No Duty on Lender's Part. 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 1 contract
Samples: Warehouse Loan and Security Agreement (Aames Investment Corp)
No Duty on Lender's Part. 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 1 contract
Samples: Interim Loan and Security Agreement (Aames Financial Corp/De)
No Duty on Lender's Part. 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 the Lender 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: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
No Duty on Lender's Part. 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 1 contract
Samples: Master Loan and Security Agreement (Aames Investment Corp)
No Duty on Lender's Part. 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 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
No Duty on Lender's Part. 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 the Lender 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: Security Agreement (Inergetics Inc)
No Duty on Lender's Part. 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 the Lender to exercise any such powers. The Lender shall be accountable only for amounts that it they actually receives receive 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 Grantor 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 on Lender's Part. 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
Samples: Master Loan and Security Agreement (New York Mortgage Trust Inc)
