Common use of Secured Party’s Obligations and Duties Clause in Contracts

Secured Party’s Obligations and Duties. Anything herein to the contrary notwithstanding, each of Group and Operating shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Debtor thereunder. Other than as a result of foreclosure, the Secured Party shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Secured Party of any payment relating to any of the Collateral, nor shall the Secured Party be obligated in any manner to perform any of the obligations of the Debtor under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Secured Party in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Secured Party or to which the Secured Party may be entitled at any time or times. The Secured Party’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Secured Party deals with similar property for its own account.

Appears in 3 contracts

Samples: Purchase Agreement (Covad Communications Group Inc), Security Agreement (Earthlink Inc), Security Agreement (Covad Communications Group Inc)

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Secured Party’s Obligations and Duties. Anything herein to the contrary notwithstanding, each of Group and Operating the Debtor shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Debtor thereunder. Other than as a result of foreclosure, Neither the Secured Party nor any other Lender shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Secured Party of any payment relating to any of the Collateral, nor shall the Secured Party or any other Lender be obligated in any manner to perform any of the obligations of the Debtor under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Secured Party in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Secured Party or to which the Secured Party may be entitled at any time or times. The Secured Party’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §Section 9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Secured Party deals with similar property for its own account.

Appears in 2 contracts

Samples: Security Agreement (Highwater Ethanol LLC), Security Agreement (Highwater Ethanol LLC)

Secured Party’s Obligations and Duties. Anything herein to the contrary notwithstanding, each of Group and Operating the Debtor shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Debtor thereunder. Other than as a result of foreclosure, the The Secured Party shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Secured Party of any payment relating to any of the Collateral, nor shall the Secured Party be obligated in any manner to perform any of the obligations of the Debtor under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Secured Party in respect of the Collateral or as to the sufficiency of any performance by any party under any such Security Agreement Sun Vacation Properties Corporation to Xxxxxxxx Xxxxxxxxxxx contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Secured Party or to which the Secured Party may be entitled at any time or times. The Secured Party’s 's sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §Section 9-207 of the Uniform Commercial Code of the State Territory or otherwise, shall be to deal with such Collateral in the same manner as the Secured Party deals with similar property for its own account.

Appears in 1 contract

Samples: Security Agreement (Sun Vacation Properties Corp)

Secured Party’s Obligations and Duties. Anything herein to the contrary notwithstanding, each of Group and Operating Company shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Debtor such Company thereunder. Other than as a result of foreclosure, Neither the Secured Party or any Investor shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Secured Party or any Investor of any payment relating to any of the Collateral, nor shall the Secured Party or any Investor be obligated in any manner to perform any of the obligations of the Debtor a Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Secured Party or any Investor in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Secured Party or to which the Secured Party or any Investor may be entitled at any time or times. The Secured Party’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Secured Party deals with similar property for its own account, but with no duty to preserve rights against prior parties.

Appears in 1 contract

Samples: Security Agreement (COMSovereign Holding Corp.)

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Secured Party’s Obligations and Duties. Anything herein to the contrary notwithstanding, each of Group and Operating the Company shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Debtor Company thereunder. Other than as a result of foreclosure, Neither the Secured Party nor any Investor shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Secured Party or any Investor of any payment relating to any of the Collateral, nor shall the Secured Party or any Investor be obligated in any manner to perform any of the obligations of the Debtor Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Secured Party or any Investor in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Secured Party or to which the Secured Party or any Investor may be entitled at any time or times. The Secured Party’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Secured Party deals with similar property for its own account, but with no duty to preserve rights against prior parties.

Appears in 1 contract

Samples: Security Agreement (COMSovereign Holding Corp.)

Secured Party’s Obligations and Duties. Anything herein to the contrary notwithstanding, each of Group and Operating the Company shall remain obligated and liable under each contract or agreement comprised in the Collateral to be observed or performed by the Debtor Company thereunder. Other than as a result of foreclosure, Neither the Secured Party nor any Investor shall not have any obligation or liability under any such contract or agreement by reason of or arising out of this Agreement or the receipt by the Secured Party or any Investor of any payment relating to any of the Collateral, nor shall the Secured Party or any Investor be obligated in any manner to perform any of the obligations of the Debtor Company under or pursuant to any such contract or agreement, to make inquiry as to the nature or sufficiency of any payment received by the Secured Party or any Investor in respect of the Collateral or as to the sufficiency of any performance by any party under any such contract or agreement, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to the Secured Party or to which the Secured Party or any Investor may be entitled at any time or times. The Secured Party’s sole duty with respect to the custody, safe keeping and physical preservation of the Collateral in its possession, under §9-207 of the Uniform Commercial Code of the State or otherwise, shall be to deal with such Collateral in the same manner as the Secured Party deals with similar property for its own account.

Appears in 1 contract

Samples: Third Amended And (Boxlight Corp)

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