Common use of Care and Diligence Clause in Contracts

Care and Diligence. Except to the extent the same shall result from the gross negligence or willful misconduct of Purchaser, the failure of Purchaser or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.

Appears in 5 contracts

Samples: Guaranty (Claros Mortgage Trust, Inc.), Guaranty (FS Credit Real Estate Income Trust, Inc.), Guaranty (Claros Mortgage Trust, Inc.)

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Care and Diligence. Except to the extent the same shall result from the gross negligence negligence, willful misconduct, illegal acts or willful misconduct fraud of Purchaser, the failure of Purchaser or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Guaranty (Starwood Credit Real Estate Income Trust), Guaranty (RAIT Financial Trust), Guaranty (RAIT Financial Trust)

Care and Diligence. Except to the extent the same shall result from the gross negligence negligence, willful misconduct, bad faith or willful misconduct illegal acts of PurchaserPurchaser or its Affiliates, the failure of Purchaser or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Guaranty (TPG RE Finance Trust, Inc.), Guaranty (Blackstone Mortgage Trust, Inc.), Guaranty (Colony NorthStar Credit Real Estate, Inc.)

Care and Diligence. Except to the extent the same shall result from the gross negligence negligence, willful misconduct, bad faith or willful misconduct illegal acts of PurchaserPurchaser or any of its Affiliates, the failure of Purchaser or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.), Guaranty (Colony Credit Real Estate, Inc.)

Care and Diligence. Except to the extent the same shall result from the gross negligence or willful misconduct of PurchaserBuyer, the failure of Purchaser Buyer or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser Buyer (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.

Appears in 2 contracts

Samples: FS Credit Real Estate Income Trust, Inc., FS Credit Real Estate Income Trust, Inc.

Care and Diligence. Except to the extent the same shall result from the gross negligence negligence, willful misconduct, illegal acts or willful misconduct fraud of PurchaserBuyer, the failure of Purchaser Buyer or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser Buyer (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Gramercy Capital Corp)

Care and Diligence. Except to the extent the same shall result from the gross negligence or willful misconduct of PurchaserClass A Lender, the failure of Purchaser Class A Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser Class A Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Granite Point Mortgage Trust Inc.)

Care and Diligence. Except to the extent the same shall result from the gross negligence or negligence, willful misconduct or bad faith of PurchaserPurchaser or its Affiliates, the failure of Purchaser or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Benefit Street Partners Realty Trust, Inc.)

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Care and Diligence. Except to the extent the same shall result from the gross negligence or negligence, willful misconduct or bad faith of PurchaserPurchaser or its Affiliates, the failure of Purchaser or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.. (i)

Appears in 1 contract

Samples: www.sec.gov

Care and Diligence. Except to the extent the same shall result from the gross negligence negligence, willful misconduct, illegal acts or willful misconduct fraud of PurchaserPurchaser or its Affiliates, the failure of Purchaser or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.or

Appears in 1 contract

Samples: Guaranty (Cim Real Estate Finance Trust, Inc.)

Care and Diligence. Except to the extent the same shall result from the gross negligence negligence, willful misconduct, bad faith, illegal acts or willful misconduct fraud of PurchaserBuyer, the failure of Purchaser Buyer or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser Buyer (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty Agreement (LoanCore Realty Trust, Inc.)

Care and Diligence. Except to the extent the same shall result from the gross negligence negligence, willful misconduct, illegal acts or willful misconduct fraud of PurchaserPurchaser or its Affiliates, the failure of Purchaser or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Cim Real Estate Finance Trust, Inc.)

Care and Diligence. Except to the extent the same shall result from the gross negligence negligence, willful misconduct, bad faith, illegal acts or willful misconduct fraud of PurchaserBuyer or its Affiliates, the failure of Purchaser Buyer or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Purchaser Buyer (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Blackstone Mortgage Trust, Inc.)

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