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) 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 determined by final non-appealable order 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, 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 the gross negligence, willful misconduct or bad faith of the Agent or any member of the Lender Group, as destruction is determined by a final non-appealable order judgment of a court of competent jurisdictionjurisdiction to have directly resulted from the Agent’s and Lender’s gross negligence or willful misconduct.

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, 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, in each case, to the extent such loss loss, damage or damage resulting destruction is determined by a final non-appealable judgment of a court of competent jurisdiction to have resulted from the gross negligence, bad faith or willful misconduct or bad faith of the Agent or any a member of the Lender Group, as determined by final non-appealable order of a court of competent jurisdiction.

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