The Lender Group’s Liability for Collateral. Borrower hereby agrees that: (a) so long as the Lender Group complies with its obligations, if any, under Section 9-207 of the Code, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (iii) any diminution in the value thereof; or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person; and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrower.
Appears in 5 contracts
Samples: Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp)
The Lender Group’s Liability for Collateral. Borrower hereby agrees that: :
(a) so long as the Lender Group complies with its obligations, if any, under Section 9-207 9207 of the Code, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (iii) any diminution in the value thereof; or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person; and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ram Energy Inc/Ok), Loan and Security Agreement (Convergent Communications Inc /Co), Loan and Security Agreement (Southwest Royalties Holdings Inc)
The Lender Group’s Liability for Collateral. Each Borrower hereby agrees that: (a) so long as the Lender Group complies with its obligations, if any, under Section 9-207 9207 of the CodeCode and as otherwise required by law, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner or fashion from any causecause other than as a result of the gross negligence or willful misconduct of Agent, any other member of the Lender Group, or any Lender-Related Persons; (iii) any diminution in the value thereof; or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Personthird party; and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrowerthe Obligors.
Appears in 2 contracts
Samples: Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Guitar Center Inc)
The Lender Group’s Liability for Collateral. Borrower hereby agrees that: (a) so long as the Lender Group complies with its obligations, if any, under Section 9-207 9207 of the Code, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (iii) any diminution in the value thereof; or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person; and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Employee Solutions Inc), Loan and Security Agreement (Petsec Energy Inc)
The Lender Group’s Liability for Collateral. Borrower hereby agrees that: :
(a) so long as the Lender Group complies with its obligations, if any, under Section 9-207 of the Code, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (iii) any diminution in the value thereof; or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person; and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (CTC Communications Corp)
The Lender Group’s Liability for Collateral. The Borrower hereby agrees that: (a) so long as the Lender Group complies with its obligations, if any, under Section 9-207 of the Code, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (iii) any diminution in the value thereof; or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person; and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by the Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Corrections Corp of America/Md)
The Lender Group’s Liability for Collateral. Borrower hereby agrees ----------------------------------------------- that: :
(a) so long as the Lender Group complies with its obligations, if any, under Section 9-207 of the Code, the Lender Group Agent shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; , (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause; , (iii) any diminution in the value thereof; , or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person; , and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
The Lender Group’s Liability for Collateral. Borrower Each Obligor hereby agrees that: (a) so long as the Lender Group Agent complies with its obligations, if any, under Section 9-207 of the Code, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (iii) any diminution in the value thereof; or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person; and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrowerthe Obligors.
Appears in 1 contract
Samples: Loan and Security Agreement (3do Co)
The Lender Group’s Liability for Collateral. Borrower The Obligors hereby agrees agree that: (a) so long as the Lender Group complies with its obligations, if any, under Section 9-207 9207 of the Code, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (iii) any diminution in the value thereof; or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person; and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrowerthe Obligors.
Appears in 1 contract
The Lender Group’s Liability for Collateral. Each Borrower hereby agrees that: (a) so long as the Lender Group complies with its obligations, if any, under Section 9-207 of the CodeCode and as otherwise required by law, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner or fashion from any causecause other than as a result of the gross negligence or willful misconduct of Agent, any other member of the Lender Group, or any Lender-Related Persons; (iii) any diminution in the value thereof; or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Personthird party; and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrowerthe Obligors.
Appears in 1 contract
The Lender Group’s Liability for Collateral. Borrower hereby agrees that: (a) so long as the Lender Group Agent complies with its obligations, if any, under Section 9-207 of the CodePPSA, the Code and other applicable law, the Lender Group shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; , (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause; , (iii) any diminution in the value thereof; , or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person; , and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Credit Agreement (Dialogic Inc.)