Safekeeping of Inventory; Inventory Covenants. The Collateral Agent shall not be responsible for (i) the safekeeping of the Inventory; (ii) any loss or damage thereto or destruction thereof occurring or arising in any manner or fashion from any cause; (iii) any diminution in the value of Inventory or (iv) any act or default of any carrier, warehouseman, bailee or forwarding agency or any other Person in any way dealing with or handling the Inventory, except to the extent that the Issuer incurs any loss, cost, claim or damage from any of the foregoing as a result of the gross negligence or willful misconduct of the Collateral Agent as determined by a court of competent jurisdiction in final and nonappealable judgment. All risk of loss, damage, distribution or diminution in value of the Inventory shall, except as noted in the previous sentence, be borne by the Issuer.
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Samples: Intercreditor Agreement, Intercreditor Agreement (Vanguard Natural Resources, Inc.)
Safekeeping of Inventory; Inventory Covenants. The Collateral Agent shall not be responsible for (i) the safekeeping of the Inventory; (ii) any loss or damage thereto or destruction thereof occurring or arising in any manner or fashion from any cause; (iii) any diminution in the value of Inventory or (iv) any act or default of any carrier, warehouseman, bailee or forwarding agency or any other Person in any way dealing with or handling the Inventory, except to the extent that the Issuer such Debtor incurs any loss, cost, claim or damage from any of the foregoing as a result of the gross negligence or willful misconduct of the Collateral Agent as determined by a court of competent jurisdiction in final and nonappealable judgment. All risk of loss, damage, distribution or diminution in value of the Inventory shall, except as noted in the previous sentence, be borne by the Issuersuch Debtor.
Appears in 2 contracts
Samples: Intercreditor Agreement (Vanguard Natural Resources, Inc.), Intercreditor Agreement (Vanguard Natural Resources, LLC)
Safekeeping of Inventory; Inventory Covenants. The Collateral Agent shall not be responsible for (i) the safekeeping of the Inventory; (ii) any loss or damage thereto or destruction thereof occurring or arising in any manner or fashion from any cause; (iii) any diminution in the value of Inventory or (iv) any act or default of any carrier, warehouseman, bailee or forwarding agency or any other Person in any way dealing with or handling the Inventory, except to the extent that the Issuer such Debtor incurs any loss, cost, claim or damage from any of the foregoing as a result of the gross negligence or willful misconduct of the Collateral Agent as determined by a court of competent jurisdiction in final and nonappealable judgmentAgent. All risk of loss, damage, distribution or diminution in value of the Inventory shall, except as noted in the previous sentence, be borne by the Issuersuch Debtor.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Grizzly Energy, LLC), Pledge and Security Agreement
Safekeeping of Inventory; Inventory Covenants. The Collateral Agent shall not be responsible for (i) the safekeeping of the Inventory; (ii) any loss or damage thereto or destruction thereof occurring or arising in any manner or fashion from any cause; (iii) any diminution in the value of Inventory or (iv) any act or default of any carrier, warehouseman, bailee or forwarding agency or any other Person in any way dealing with or handling the Inventory, except to the extent that the any Issuer incurs any loss, cost, claim or damage from any of the foregoing as a result of the gross negligence or willful misconduct of the Collateral Agent as determined by a court of competent jurisdiction in final and nonappealable judgment. All risk of loss, damage, distribution or diminution in value of the Inventory shall, except as noted in the previous sentence, be borne by the IssuerIssuers.
Appears in 1 contract
Samples: Intercreditor Agreement (Vanguard Natural Resources, LLC)
Safekeeping of Inventory; Inventory Covenants. The Collateral Administrative Agent shall not be responsible for (ia) the safekeeping of the Inventory; , (iib) any loss or damage thereto or destruction thereof occurring or arising in any manner or fashion from any cause; , (iiic) any diminution in the value of Inventory Inventory, or (ivd) any act or default of any carrier, warehouseman, bailee or forwarding agency or any other Person person in any way dealing with or handling the Inventory, except to the extent that the Issuer Grantor incurs any loss, cost, claim or damage from any of the foregoing as a result of the gross negligence or willful misconduct of the Collateral Administrative Agent as determined by a court of competent jurisdiction in final and nonappealable judgment. All risk of loss, damage, distribution or diminution in value of the Inventory shall, except as noted in the previous sentence, be borne by the IssuerGrantor.
Appears in 1 contract