Safekeeping of Collateral. Agent shall not be liable or responsible in any way for the safekeeping of any of the Collateral or for any loss or damage thereto (except for reasonable care in the custody thereof while any Collateral is in Agent's actual possession) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency, or other person whomsoever, but the same shall be at Borrower's sole risk.
Appears in 3 contracts
Samples: Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Northwestern Steel & Wire Co), Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)
Safekeeping of Collateral. The Agent shall not be liable or responsible in any way for for: (a) the safekeeping of any of the Collateral or for Collateral; (b) any loss or damage thereto to the Collateral; (except for reasonable care in the custody thereof while any Collateral is in Agent's actual possessionc) or for any diminution in the value thereof, of the Collateral; or for (d) any act or default of any carrier, warehouseman, carrierbailee, forwarding agencyagency or any other Person relating to the Collateral. All risk of loss, damage, destruction or other person whomsoever, but diminution in value of the same Collateral shall be at borne by Borrower's sole risk.
Appears in 2 contracts
Samples: Loan and Security Agreement (Green Plains Renewable Energy, Inc.), Loan and Security Agreement (Premium Standard Farms, Inc.)
Safekeeping of Collateral. Agent shall not be liable or responsible in any way for the safekeeping of any of the Collateral or for any loss or damage thereto (except for reasonable care in the custody thereof while any Collateral is in Agent's ’s actual possession) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency, or other person whomsoever, but the same shall be at Borrower's ’s sole risk.
Appears in 1 contract
Samples: Loan and Security Agreement (Houston Wire & Cable CO)
Safekeeping of Collateral. Neither Agent nor any Lender shall not be liable or responsible in any way for the safekeeping of any of the Collateral or for any loss or damage thereto (except for reasonable care in the custody thereof while any Collateral is in Agentsuch Person's actual possession) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency, or other person Person whomsoever, but the same shall be at Borrower's Borrowers' sole risk.
Appears in 1 contract
Samples: Loan and Security Agreement (Integra Lifesciences Corp)
