Common use of AGENT’S AND LENDERS’ RIGHTS, DUTIES AND LIABILITIES Clause in Contracts

AGENT’S AND LENDERS’ RIGHTS, DUTIES AND LIABILITIES. Borrower assumes all responsibility and liability arising from or relating to the use, sale or other disposition of the Collateral. Neither Agent, Lenders nor any of their officers, directors, employees, and agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of default of any warehouseman, carrier, forwarding agency or other Person whomsoever, all of which shall be at Borrower's sole risk. The Obligations shall not be affected by any failure of Agent or any Lender to take any steps to perfect its Liens or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release Borrower from any of the Obligations. Agent may (but shall not be required to), without notice to or consent from Borrower, xxx upon or otherwise collect, extend the time for payment of, modify or amend the terms of, compromise or settle for cash, credit, or otherwise upon any terms, grant other indulgences, extensions, renewals, compositions, or releases, and take or omit to take any other action with respect to the Collateral, any security therefor, any agreement relating thereto, any insurance applicable thereto, or any Person liable directly or indirectly in connection with any of the foregoing, without discharging or otherwise affecting the liability of Borrower for the Obligations or under this Agreement or any other agreement now or hereafter existing between Agent and Lenders and Borrower.

AGENT’S AND LENDERS’ RIGHTS, DUTIES AND LIABILITIES. Borrower assumes (a) Grantors assume all responsibility and liability arising from or relating to the use, sale sale, license or other disposition of the Collateral. Neither Agent, Lenders nor any of their officers, directors, employees, and agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of default of any warehouseman, carrier, forwarding agency or other Person whomsoever, all of which shall be at Borrower's sole risk. The Obligations shall not be affected by any failure of Agent or any Lender to take any steps to perfect its Agent's Liens or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release Borrower Grantors from their joint and several liability for any of the Obligations. Following the occurrence and during the continuation of an Event of Default, but subject to any limitations or notice requirements in the Financing Order, Agent may (but shall not be required to), and at the direction of the Majority Lenders shall, without notice to or consent from BorrowerGrantors, xxx sue upon or otherwise collect, extend the time for payment of, modify xxxify or amend the terms of, compromise or settle for cash, credit, or otherwise upon any terms, grant other indulgences, extensions, renewals, compositions, or releases, and take or omit to take any other action with respect to the Collateral, any security therefor, any agreement relating thereto, any insurance applicable thereto, or any Person liable directly or indirectly in connection with any of the foregoing, without discharging or otherwise affecting the joint and several liability of Borrower Grantors for the balance of the Obligations or under this the Credit Agreement or any other agreement now or hereafter existing between Agent and/or any Lender and Lenders and Borrowersuch Grantors.

AGENT’S AND LENDERS’ RIGHTS, DUTIES AND LIABILITIES. Borrower assumes --------------------------------------------------- all responsibility and liability arising from or relating to the use, sale or other disposition of the Collateral. Neither None of Agent, Lenders nor any Lender or any of their respective officers, directors, employees, and representatives or agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of default of any warehouseman, carrier, forwarding agency or other Person whomsoever, all of which shall be at Borrower's sole risk. The Obligations shall not be affected by any failure of Agent or any Lender to take any steps to perfect its Agent's Liens or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release Borrower from any of the Obligations. Agent may (but shall not be required to)) and, at the direction of the Majority Lenders, shall, without notice to or consent from Borrower, xxx upon or otherwise collect, extend the time for payment of, modify or amend the terms of, compromise or settle for cash, credit, or otherwise upon any terms, grant other indulgences, extensions, renewals, compositions, or releases, and take or omit to take any other action with respect to the Collateral, any security therefor, any agreement relating thereto, any insurance applicable thereto, or any Person liable directly or indirectly in connection with any of the foregoing, without discharging or otherwise affecting the liability of Borrower for the Obligations or under this Agreement or any other agreement now or hereafter existing between Agent and Lenders and/or Lender and Borrower.. Loan and Security Agreement

AGENT’S AND LENDERS’ RIGHTS, DUTIES AND LIABILITIES. Borrower assumes --------------------------------------------------- all responsibility and liability arising from or relating to the use, sale or other disposition of the Collateral. Neither None of Agent, Lenders nor any Lender or any of their respective officers, directors, employees, and representatives or agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of default of any warehouseman, carrier, forwarding agency or other Person whomsoever, all of which shall be at Borrower's sole risk. The Obligations shall not be affected by any failure of Agent or any Lender to take any steps to perfect its Agent's Liens or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release Borrower from any of the Obligations. Agent may (but shall not be required to)) and, at the direction of the Majority Lenders, shall, without notice to or consent from Borrower, xxx sue upon or otherwise collect, extend the time for payment of, modify moxxxy or amend the terms of, compromise or settle for cash, credit, or otherwise upon any terms, grant other indulgences, extensions, renewals, compositions, or releases, and take or omit to take any other action with respect to the Collateral, any security therefor, any agreement relating thereto, any insurance applicable thereto, or any Person liable directly or indirectly in connection with any of the foregoing, without discharging or otherwise affecting the liability of Borrower for the Obligations or under this Agreement or any other agreement now or hereafter existing between Agent and Lenders and/or Lender and Borrower.