Common use of The Lender Group’s Liability for Collateral Clause in Contracts

The Lender Group’s Liability for Collateral. Each Borrower hereby agrees that: (a) so long as Agent complies with its obligations, if any, under the Code and the PPSA, 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 Borrowers, other than any such loss or damage resulting from the gross negligence, willful misconduct or bad faith of the Agent or any member of the Lender Group, as finally determined by a court of competent jurisdiction.

The Lender Group’s Liability for Collateral. Each Borrower hereby agrees that: (a) so long as Agent complies with its obligations, if any, under the Code and the PPSACode, 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 Borrowers, the Loan Parties (other than any such loss or damage thereof resulting from the gross negligence, negligence or willful misconduct or bad faith of the Agent or any member of the Lender Group, Related Person as finally determined by a final, non-appealable order of a court of competent jurisdiction.

The Lender Group’s Liability for Collateral. Each of Parent and each Borrower hereby agrees that: (a) so long as Agent complies with its obligations, if any, under the Code and the PPSACode, 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, processor, forwarding agency, or other Person, and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrowersthe Loan Parties, other than except to the extent any such loss loss, damage or damage resulting from the destruction is directly caused by Agent’s gross negligence, negligence or willful misconduct or bad faith of the Agent or any member of the Lender Groupmisconduct, as finally determined in a final, non-appealable judgement by a court of competent jurisdiction.

The Lender Group’s Liability for Collateral. Each Borrower hereby agrees that: (a) so long as Collateral Agent complies with its obligations, if any, under the Code and the PPSAUCC, 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 Borrowersthe Loan Parties, other than any such loss except for loss, damage or damage resulting from the gross negligence, willful misconduct destruction of Collateral as a result of acts or bad faith of the Agent or any member of the Lender Group, as finally determined by omissions that a court of competent jurisdictionjurisdiction finally determines to have resulted from the gross negligence or willful misconduct of an Agent.

The Lender Group’s Liability for Collateral. Each Borrower hereby agrees that: (a) so long as Agent complies with its obligations, if any, under the Code and the PPSA, the Lender Group shall not in any way or manner be liable or responsible forresponsible, except as a result of Agent failing to comply with its obligations, if any, under the Code: (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 BorrowersBorrower, other than any such loss or damage resulting except as a court of competent jurisdiction finally determines to have resulted from the gross negligence, negligence or willful misconduct or bad faith of the Agent or any a member of the Lender Group, as finally determined by a court of competent jurisdiction.

The Lender Group’s Liability for Collateral. Each Borrower hereby agrees that: (a) so long as Agent complies with its obligations, if any, under the Code and the PPSACode, 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 Borrowers, other than any except to the extent such loss loss, damage or damage resulting from destruction arises out of the gross negligence, negligence or willful misconduct or bad faith of the Agent or any member of the Lender Group, as finally determined by the final non-appealable judgment of a court of competent jurisdiction.

The Lender Group’s Liability for Collateral. Each Borrower hereby agrees that: (a) so long as Agent complies with its obligations, if any, under the Code and the PPSACode, 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 BorrowersBorrowers except with respect to Collateral in the possession of Agent or any Lender to the extent such loss, other than any damage or destruction directly results from Agent’s or such loss or damage resulting from the gross negligence, Lender’s own willful misconduct or bad faith of the Agent or any member of the Lender Group, gross negligence (as finally determined by a court of competent jurisdiction).

The Lender Group’s Liability for Collateral. Each Borrower hereby agrees that: (a) so long as Administrative Agent complies with its obligations, if any, under the Code and the PPSAUCC, 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 Borrowersthe Loan Parties, other than any such loss except for loss, damage or damage resulting from the gross negligence, willful misconduct destruction of Collateral as a result of acts or bad faith of the Agent or any member of the Lender Group, as finally determined by omissions that a court of competent jurisdictionjurisdiction finally determines to have resulted from the gross negligence or willful misconduct of an Agent.