Common use of Preservation of the Collateral Clause in Contracts

Preservation of the Collateral. The Lenders may, but are not required, to take such actions from time to time as the Administrative Agent deems appropriate to maintain or protect the Collateral. The Lenders shall have exercised reasonable care in the custody and preservation of the Collateral if the Lenders take such action as the Borrower shall reasonably request in writing which is not inconsistent with the Lenders’ status as a secured party, but the failure of the Lenders to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, a Lender’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Lender accords its own property, and (ii) not extend to matters beyond the control of the Lenders, including, without limitation, acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Lenders to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Lenders in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Lenders that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Lenders shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Lenders Lender may, but are is not required, to take such actions from time to time as the Administrative Agent Lender deems appropriate to maintain or protect the Collateral. The Lenders Lender shall have exercised reasonable care in the custody and preservation of the Collateral if the Lenders take Lender takes such action as the Borrower shall reasonably request in writing which is not inconsistent with the Lenders’ Lender’s status as a secured party, but the failure of the Lenders Lender to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, a the Lender’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Lender accords its own property, and (ii) not extend to matters beyond the control of the LendersLender, including, without limitation, acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Lenders Lender to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Lenders Lender in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Lenders Lender that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Lenders Lender shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Lenders Administrative Agent may, but are is not required, to take such actions from time to time as the Administrative Agent deems appropriate to maintain or protect the Collateral. The Lenders Administrative Agent shall have exercised reasonable care in the custody and preservation of the Collateral if the Lenders take Administrative Agent takes such action as the Borrower Debtor shall reasonably request in writing which is not inconsistent with the Lenders’ Administrative Agent 's status as a secured party, but the failure of the Lenders Administrative Agent to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, a Lender’s the Administrative Agent 's responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Lender Administrative Agent accords its own property, and (ii) not extend to matters beyond the control of the LendersAdministrative Agent , including, without limitation, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Lenders Administrative Agent to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerDebtor, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Debtor shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Debtor and the Lenders Administrative Agent in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower Debtor represents to, and covenants with, the Lenders Administrative Agent that the Borrower Debtor has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower Debtor agrees that the Lenders Administrative Agent shall have no responsibility or liability for informing the Borrower Debtor of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Lenders Lender may, but are is not requiredrequired to, to take such actions action from time to time as the Administrative Agent Lender deems appropriate to maintain or protect the Collateral. The Lenders Lender shall have exercised reasonable care in the custody and preservation of the Collateral if the Lenders take Lender takes such action as the Borrower shall reasonably request in writing which is not inconsistent with the Lenders’ Lender's status as a secured party, but the failure of the Lenders Lender to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, a the Lender’s 's responsibility for the safekeeping of the Collateral shall (ia) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Lender accords its own property, and (iib) not extend to matters beyond the reasonable control of the LendersLender, including, without limitation, acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Lenders Lender to preserve or protect any rights with respect to the Collateral against claims of prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Lenders Lender in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Lenders Lender that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Lenders Lender shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.