Rights and Duties of the Lender. In addition to all other rights (including setoff) and duties of the Lender under the Loan Documents that are expressly incorporated herein as a part of this Agreement, the following provisions shall also apply:
Rights and Duties of the Lender. (1) If (i) the Borrower fails to perform an obligation herein or (ii) an Event of Default occurs, the Lender shall be entitled (but not required) to appoint an agent (the "Agent") to act on behalf of the Lender, which agent may also, if the Lender so agrees, act as agent for the other holders of Debentures issued by the Borrower, in respect of the enforcement of the applicable provisions of this Agreement;
Rights and Duties of the Lender. (1) The Lender shall have and be entitled to exercise all such powers hereunder as are specifically delegated to the Lender by the terms hereof, together with such powers as are incidental thereto. The Lender may execute any of its duties hereunder by or through its officers or employees and shall be entitled to retain counsel and to act in reliance upon the advice of such counsel concerning all matters pertaining to its duties hereunder.
Rights and Duties of the Lender. 1. The Lender is obliged to deliver the Loaned Property to the Borrower in a condition which allows proper use thereof. Parties agreed, that liability for damage of Loaned Property or liability for damage caused by Loaned Property are pursuant to generally obligatory legal regulations, particularly Civil Code. Borrower is not responsible or is responsible only to the relevant aliquot part, to which he/she contributed by his/her behaviour; for the damage caused by accident, force majeure, further undetectable causes, or as the result to fail to fulfil Lender´s duties. 2. Before delivery of the Loaned Property, the Lender is obliged to secure training or III. Práva a povinnosti půjčitele 1. Půjčitel je povinen předat vypůjčiteli předmět výpůjčky ve stavu způsobilém k jeho řádnému užívání. Strany se dohodly, že povinnost k náhradě škody na předmětu výpůjčky nebo k náhradě škody způsobené předmětem výpůjčky se řídí obecně závaznými právními předpisy, především občanským zákoníkem. Vypůjčitel neodpovídá nebo odpovídá jen v odpovídající poměrně části, pokud k takové škodě přispěl svým jednáním, za škodu způsobenou v důsledku náhody, vyšší moci, blíže nezjistitelných příčin, či v důsledku neplnění povinností půjčitele.
Rights and Duties of the Lender. Upon the occurrence of an Event of Default and a determination by the Lender to enforce the rights granted to it under this Agreement:
Rights and Duties of the Lender. Upon the occurrence of an Event of Default that is continuing, all of the Grantor’s rights pursuant to Sections 5.1, 5.2 and 5.3 shall cease and the Lender may enforce the Grantor’s rights with respect to the Pledged Securities held by the Grantor. Upon an Event of Default which is PLEDGE AND SECURITY AGREEMENT continuing, the Grantor shall and shall be deemed to hold all Pledged Securities not under the control of the Lender in trust, separate and apart from other property and assets of the Grantor, for the benefit of the Lender, and shall forthwith transfer control of such Pledged Securities to the Lender, or its nominee or agent, as the Lender may direct. The Lender and its nominee shall not have any duty of care with respect to the Pledged Securities other than to use the same care in the custody and preservation of the Pledged Securities as it would with its own property. The Lender or its nominee may take no steps to defend or preserve the Grantor’s rights against the claims or demands of others. The Lender or its nominee, however, shall use its reasonable best efforts to give the applicable Grantor notice of any claim or demand of which it becomes aware to permit the Grantor to have a reasonable opportunity to defend or contest the claim or demand.
Rights and Duties of the Lender a. Subject only to the rights of CSSA and Nominees hereunder and the Escrow Agreement, the Lender shall have and retain full legal and beneficial ownership of the Pledged Shares including the right to vote the shares until surrendered by the Escrow Agent to LL's stock transfer agent for reissue to Nominees as hereinafter provided. The foregoing to the contrary notwithstanding, all economic benefits and obligations including (i) the benefit of increase and risk of decrease in the value of the Pledged Shares, any cash or stock dividends payable to shareholders of record occurring during the term of this Agreement shall be for the account of CSSA and Nominees and shall be evidenced by the Lender's written acknowledgement of the amount due ("Due Xxxx") from Lender to CSSA and Nominees which shall become part of the Escrow Deposits (as defined in Exhibit 1 hereto) or any new shares issued as part of a stock split or reverse stock split shall be for the account of CSSA and Nominees (collectively, the "Economic Benefit") or (ii) all taxes, assessments or other charges upon or with respect to the Pledged Shares or the income therefore or distributions thereon or the gain or loss in value thereof. In the event LL delivers a substitute certificate(s) for the Remainder Shares, then all such economic benefits shall become the sole property of CSSA and Nominees and Lender shall pay or arrange to pay to CSSA and Nominees all cash or other property covered by the Due Xxxx. Lender shall have the right to net gains and income against losses and expenses before paying over the Economic Benefit to CSSA and Nominees.
Rights and Duties of the Lender
