Common use of No Duty on the Secured Parties’ Part Clause in Contracts

No Duty on the Secured Parties’ Part. The powers conferred on the Secured Parties by this Section 5 are solely to protect the Secured Parties’ interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Secured Parties shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither the Secured Parties nor any of their respective officers, directors, employees or agents shall, in the absence of willful misconduct or gross negligence, be responsible to the Debtor for any act or failure to act pursuant to this Section 5.

Appears in 1 contract

Samples: Security Agreement (Mitek Systems Inc)

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No Duty on the Secured Parties’ Part. The powers conferred on the Secured Parties by this Section 5 3 are solely to protect the Secured Parties' interests in the Collateral and shall not impose any duty upon it them to exercise any such powers. The Secured Parties shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither the Secured Parties nor any of their respective officers, directors, employees or agents shall, in the absence of willful misconduct or gross negligence, be responsible to the Debtor Grantor for any act or failure to act pursuant to this Section 53.

Appears in 1 contract

Samples: Security Agreement (Cygnus Inc /De/)

No Duty on the Secured Parties’ Part. The powers conferred on the Secured Parties by this Section 5 4 are solely to protect the Secured Parties’ interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Secured Parties shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither the Secured Parties nor any of their respective officers, directors, employees or agents shall, in the absence of willful misconduct or gross negligence, be responsible to the Debtor for any act or failure to act pursuant to this Section 5.

Appears in 1 contract

Samples: Convertible Note and Warrant Purchase Agreement (Mechanical Technology Inc)

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No Duty on the Secured Parties’ Part. The powers conferred on the Secured Parties by this Section 5 are solely to protect the Secured Parties’ interests in the Collateral and shall not impose any duty upon it to exercise any such powers. The Secured Parties shall be accountable only for amounts that they actually receive as a result of the exercise of such powers, and neither none of the Secured Parties nor any of their respective officers, directors, employees or agents shall, in the absence of willful misconduct or gross negligence, be responsible to the Debtor for any act or failure to act pursuant to this Section 5.

Appears in 1 contract

Samples: Security Agreement (Deltagen Inc)

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