Common use of Saving Clause in Contracts

Saving. The Lender shall not be under any obligation to the Borrower or any other Person to realize any Collateral or enforce the Security or any part thereof or to allow any of the Collateral to be sold. dealt with or otherwise disposed of. The Lender shall not be responsible or liable to Borrower or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral or any part thereof or the failure to allow any of the Collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of Lender.

Appears in 4 contracts

Samples: Loan Agreement (Synergy CHC Corp.), Loan Agreement (Synergy CHC Corp.), Loan Agreement (Synergy CHC Corp.)

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Saving. The Lender shall not be under any obligation to the Borrower or any other Person to realize any Collateral or enforce the Security or any part thereof or to allow any of the Collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to Borrower the Credit Parties or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral or any part thereof or the failure to allow any of the Collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts its part or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of the Lender.

Appears in 3 contracts

Samples: Credit Agreement (SNDL Inc.), Credit Agreement (Valens Company, Inc.), Credit Agreement (Valens Company, Inc.)

Saving. The Lender shall not be under any obligation to the Borrower Loan Parties or any other Person to realize any Collateral or enforce the Security or any part thereof or to allow any of the Collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to Borrower the Loan Parties or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral or any part thereof or the failure to allow any of the Collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of Lender.

Appears in 3 contracts

Samples: Loan Agreement (Synergy CHC Corp.), Loan Agreement (Synergy CHC Corp.), Loan Agreement (Synergy CHC Corp.)

Saving. The Lender shall not be under any obligation to the Borrower Loan Parties or any other Person to realize any Collateral or enforce the Security or any part thereof or to allow any of the Collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to Borrower the Loan Parties or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the any Collateral or any part thereof or the failure to allow any of the Collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for other than any such loss or damage arising resulting from the gross negligence or wilful misconduct or gross negligence of the Lender.

Appears in 3 contracts

Samples: Credit Agreement (Integra Resources Corp.), Credit Agreement (VIQ Solutions Inc.), Credit Agreement (Integra Resources Corp.)

Saving. The Lender shall not be under any obligation to the Borrower or any other Person to realize any Collateral collateral or enforce the Security or any part thereof or to allow any of the Collateral collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to the Borrower or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral collateral or any part thereof or the failure to allow any of the Collateral collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of the Lender, and as otherwise required by applicable law.

Appears in 2 contracts

Samples: Credit Agreement (International Royalty Corp), Credit Agreement (Glamis Gold LTD)

Saving. The Lender shall not be under any obligation to the Borrower any Obligor or any other Person to realize any Collateral or enforce the Security or any part thereof or to allow any of the Collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to Borrower the Obligors or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral or any part thereof or the failure to allow any of the Collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of Lender.

Appears in 2 contracts

Samples: Loan Agreement, Credit Agreement (CRH Medical Corp)

Saving. The Lender shall not be under any obligation to the Borrower Loan Parties or any other Person to realize any Collateral or enforce the Security or any part thereof or to allow any of the Collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to Borrower the Loan Parties or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the any Collateral or any part thereof or the failure to allow any of the Collateral collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for other than any such loss or damage arising resulting from the gross negligence or wilful misconduct or gross negligence of the Lender.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Accelerize Inc.)

Saving. The Lender shall will not be under any obligation to the Borrower or any other Person to realize any Collateral or enforce the Security or any part thereof or to allow any of the Collateral to be sold. , dealt with or otherwise disposed of. The Lender shall will not be responsible or liable to Borrower or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral or any part thereof or the failure to allow any of the Collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of Lender.

Appears in 1 contract

Samples: Loan Agreement (Ember Therapeutics, Inc. - Ny)

Saving. The Lender shall not be under any obligation to the Borrower Obligors or any other Person to realize any Collateral or enforce the Security or any part thereof or to allow any of the Collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to Borrower the Obligors or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral or any part thereof or the failure to allow any of the Collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of Lender.

Appears in 1 contract

Samples: Loan Agreement

Saving. The Lender shall not be under any obligation to the Borrower Borrowers or any other Person to realize any Collateral collateral or enforce the Security or any part thereof or to allow any of the Collateral collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to Borrower the Borrowers or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral any collateral or any part thereof or the failure to allow any of the Collateral collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may will be responsible or liable for any loss or damage arising from the wilful willful misconduct or gross negligence of Lenderthe Lender in enforcing the Security.

Appears in 1 contract

Samples: Credit Agreement (Century Casinos Inc /Co/)

Saving. The Lender shall not be under any have no obligation to the Borrower Obligors or any other Person to realize any Collateral collateral or enforce the Security or any part thereof or to allow any of the Collateral collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to Borrower the Obligors or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral collateral or any part thereof or the failure to allow any of the Collateral collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of the Lender.

Appears in 1 contract

Samples: Loan Agreement (Monaco Group Inc)

Saving. The Lender Lenders shall not be under any obligation to the Borrower Obligors or any other Person person to realize any Collateral collateral or enforce the Security or any part thereof or to allow any of the Collateral collateral to be sold. , dealt with or otherwise disposed of. The Lender Lenders shall not be responsible or liable to Borrower the Obligors or any other Person person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral collateral or any part thereof or the failure to allow any of the Collateral collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the a Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of that Lender.

Appears in 1 contract

Samples: Credit Agreement (CHC Helicopter Corp)

Saving. The Lender shall not be under any have no obligation to the Borrower or any other Person to realize any Collateral collateral or enforce the Security security or any part thereof or to allow any of the Collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to the Borrower or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral or any part thereof or the failure to allow any of the Collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of the Lender.

Appears in 1 contract

Samples: Credit Agreement (Algoma Steel Group Inc.)

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Saving. The Lender Lenders shall not be under any obligation to the Borrower or any other Person person to realize any Collateral collateral or enforce the Security or any part thereof or to allow any of the Collateral collateral to be sold. , dealt with or otherwise disposed of. The Lender Lenders shall not be responsible or liable to the Borrower or any other Person person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral collateral or any part thereof or the failure to allow any of the Collateral collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the a Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of that Lender.

Appears in 1 contract

Samples: Bridge Credit Agreement (Rogers Communications Inc)

Saving. The Lender Lenders shall not be under any obligation to the Borrower or any other Person to realize any Collateral collateral or enforce the Security or any part thereof or to allow any of the Collateral collateral to be sold. , dealt with or otherwise disposed of. The Lender Lenders shall not be responsible or liable to Borrower the Obligors or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral collateral or any part thereof or the failure to allow any of the Collateral collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the a Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of that Lender.

Appears in 1 contract

Samples: Credit Agreement (Sierra Wireless Inc)

Saving. The Lender Lenders shall not be under any obligation to the Borrower any Obligor or any other Person to realize any Collateral collateral or enforce the Security or any part thereof or to allow any of the Collateral collateral to be sold. , dealt with or otherwise disposed of. The Lender Lenders shall not be responsible or liable to Borrower any Obligor or any other Person person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral collateral or any part thereof or the failure to allow any of the Collateral collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the a Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of that Lender.

Appears in 1 contract

Samples: Credit Agreement (PHH Corp)

Saving. The Lender shall not be under any obligation to the Borrower or any other Person to realize any Collateral or enforce the Security or any part thereof or to allow any of the Collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to Borrower the Obligors or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral or any part thereof or the failure to allow any of the Collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of Lender.

Appears in 1 contract

Samples: Credit Agreement (CRH Medical Corp)

Saving. The Lender Lenders shall not be under any obligation to the Borrower or any other Person to realize any Collateral collateral or enforce the Security or any part thereof or to allow any of the Collateral collateral to be sold. , dealt with or otherwise disposed of. The Lender Lenders shall not be responsible or liable to Borrower the Obligors or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral collateral or any part thereof or the failure to allow any of the Collateral collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the a Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of Lenderthat Lender or any of its directors, officers, agents or advisors.

Appears in 1 contract

Samples: Credit Agreement (Nordion Inc.)

Saving. The Lender Lenders shall not be under any obligation to the Borrower or any other Person to realize any Collateral collateral or enforce the Security or any part thereof or to allow any of the Collateral collateral to be sold. , dealt with or otherwise disposed of. The Lender Lenders shall not be responsible or liable to the Borrower or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral collateral or any part thereof or the failure to allow any of the Collateral collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser advisor in connection with any of the foregoing, except that the a Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of that Lender.

Appears in 1 contract

Samples: Credit Agreement (Omega Cabinets LTD)

Saving. The Lender shall not be under any obligation to the Borrower or any other Person to realize any Collateral or enforce the Security or any part thereof or to allow any of the Collateral to be sold. , dealt with or otherwise disposed of. The Lender shall not be responsible or liable to Borrower the Obligors or any other Person for any loss or damage upon the realization or enforcement of, the failure to realize or enforce the Collateral or any part thereof or the failure to allow any of the Collateral to be sold, dealt with or otherwise disposed of or for any act or omission on their respective parts or on the part of any director, officer, agent, servant or adviser in connection with any of the foregoing, except that the Lender may be responsible or liable for any loss or damage arising from the wilful misconduct or gross negligence of that Lender.

Appears in 1 contract

Samples: Credit Agreement (Sundial Growers Inc.)

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