Common use of Care and Diligence Clause in Contracts

Care and Diligence. The failure of Agent and/or Lenders 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 any collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Agent and/or Lenders (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: Alexanders Inc, Alexanders Inc

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Care and Diligence. The failure of the Administrative Agent and/or Lenders 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 any collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of the Administrative Agent and/or Lenders (ia) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (iib) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iiic) 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: Sponsor Guaranty (Bluerock Residential Growth REIT, Inc.), Sponsor Guaranty (Bluerock Residential Growth REIT, Inc.)

Care and Diligence. The failure of Agent and/or Lenders 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 any collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Agent and/or Lenders (ia) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (iib) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iiic) 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: Hilton Worldwide Holdings Inc., Sothebys

Care and Diligence. The failure of Agent and/or Lenders 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 any collateral, property or security, including including, but not limited to to, any neglect, delay, omission, failure or refusal of Agent and/or Lenders Lender (ia) to take or prosecute any action for the collection of any of the Guaranteed Obligations Obligations, or (iib) to foreclose, or initiate any action to Pool 1 foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iiic) 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: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)

Care and Diligence. The failure of Agent and/or Lenders 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 any collateral, property or security, including including, but not limited to to, any neglect, delay, omission, failure or refusal of Agent and/or Lenders Lender (ia) to take or prosecute any action for the collection of any of the Guaranteed Obligations Obligations, or (iib) to foreclose, or initiate any action to Pool 2 foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iiic) 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: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Ashford Hospitality Trust Inc

Care and Diligence. The failure of Administrative Agent and/or Lenders 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 any collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Administrative Agent and/or Lenders (ia) to take or prosecute any action for the collection of any of the Guaranteed Obligations Obligations, or (iib) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iiic) 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: Guaranty Agreement (MGM Resorts International), Guaranty Agreement (MGM Resorts International)

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Care and Diligence. The failure of Agent and/or Lenders Administrative Agent, any 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 any such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Administrative Agent and/or Lenders (ia) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (iib) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iiic) 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 (Centro NP LLC)

Care and Diligence. The failure of Agent and/or Lenders Agent, any 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 any collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Agent and/or Lenders (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations or the Obligations, (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 the Obligations.

Appears in 1 contract

Samples: Indemnity Guaranty (Katapult Holdings, Inc.)

Care and Diligence. The failure of Agent and/or Lenders Trustee, any Noteholder or any other party Person to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including but not limited to any neglect, delay, omission, failure or refusal of Agent and/or Lenders Trustee or any Noteholder (ia) to take or prosecute any action for the collection of any of the Guaranteed Obligations or (iib) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iiic) 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 (Kerzner International LTD)

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