Common use of Lender's Rights, Duties, and Liabilities Clause in Contracts

Lender's Rights, Duties, and Liabilities. The Borrower assumes all responsibility and liability arising from or relating to the use, sale or other disposition of the Collateral. To the extent that the Lender has taken possession of any of the Collateral pursuant to its rights under this Agreement, neither the Lender nor any of its officers, directors, employees 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 carrier, forwarding agency or other Person whomsoever, all of which shall be at the Borrower’s sole risk. The Obligations shall not be affected by any failure of the Lender to take any steps to perfect the Lender’s Liens or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Borrower from any of the Obligations. The Lender may (but shall not be required to), without notice to or consent from the 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 the Borrower for the Obligations or under this Agreement or any other agreement now or hereafter existing between the Lender and the Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Genius Brands International, Inc.), Loan and Security Agreement (Genius Brands International, Inc.)

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Lender's Rights, Duties, and Liabilities. The Borrower and each member of the GTS Consolidated Group assumes all responsibility and liability arising from or relating to the use, sale sale, or other disposition of the Collateral. To the extent that the Lender has taken possession of any of the Collateral pursuant to its rights under this Agreement, neither Neither the Lender nor any of its officers, directors, employees or employees, and agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any act or failure to act with respect to the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of or default of any warehouseman, carrier, forwarding agency or other Person person whomsoever, all of which shall be at the Borrower’s 's sole risk. The Obligations shall not be affected by any failure of the Lender to take any steps to perfect the Lender’s Liens Security Interest or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Borrower from any of the Obligations. The Lender may (but shall not be required to), without notice to or consent from the BorrowerBorrower or any member of the GTS Consolidated Group, 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 the Borrower or any member of the GTS Consolidated Group for the Obligations or under this Agreement or any other agreement now or hereafter existing between the Lender and the BorrowerBorrower or any member of the GTS Consolidated Group.

Appears in 1 contract

Samples: Loan and Security Agreement (Great Train Store Co)

Lender's Rights, Duties, and Liabilities. The Each Borrower assumes all responsibility and liability arising from or relating to the use, sale sale, or other disposition of the Collateral. To the extent that the Lender has taken possession of any of the Collateral pursuant to its rights under this Agreement, neither Neither the Lender nor any of its officers, directors, employees or employees, and agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any act or failure to act with respect to the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of default of or any warehouseman, carrier, forwarding agency or other Person person whomsoever, all of which shall be at the Borrower’s Borrowers' sole risk. The Obligations shall not be affected by any failure of the Lender to take any steps to perfect the Lender’s Liens Security Interest or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the either Borrower from any of the Obligations. The Lender may (but shall not be required to), without notice to or consent from the either Borrower, xxx upon sue xxxn 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 the either Borrower for the Obligations or under this Agreement or any other agreement now or hereafter existing between the Lender and the either Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (General Credit Corp)

Lender's Rights, Duties, and Liabilities. The Borrower assumes all responsibility and liability arising from or relating to the use, sale sale, or other disposition of the Collateral. To the extent that the Lender has taken possession of any of the Collateral pursuant to its rights under this Agreement, neither Neither the Lender nor any of its officers, directors, employees or employees, and agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any act or failure to act with respect to the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of default of or any warehouseman, carrier, forwarding agency or other Person person whomsoever, all of which shall be at the Borrower’s 's sole risk. The Obligations shall not be affected by any failure of the Lender to take any steps to perfect the Lender’s Liens Security Interest or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Borrower from any of the Obligations. The Subject to the terms of the Intercreditor Agreement, the Lender may (but shall not be required to), without notice to or consent from the 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 the Borrower for the Obligations or under this Agreement or any other agreement now or hereafter existing between the Lender and the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Gerrard Douglas A)

Lender's Rights, Duties, and Liabilities. Lender's Rights, The Borrower assumes ---------------------------------------- Borrowers assume all responsibility and liability arising from or relating to the use, sale sale, or other disposition of the Collateral. To the extent that the Lender has taken possession of any of the Collateral pursuant to its rights under this Agreement, neither Neither the Lender nor any of its officers, directors, employees or employees, and agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, for any act or failure to act with respect to the Collateral, 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 person whomsoever, all of which shall be at the Borrower’s Borrowers' sole risk. The Obligations shall not be affected by any failure of the Lender to take any steps to perfect the Lender’s Liens Security Interest or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the either Borrower from any of the Obligations. The Lender may (but shall not be required to), without notice to or consent from the BorrowerBorrowers, 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 the Borrower Borrowers for the Obligations or under this Agreement or any other agreement now or hereafter existing between the Lender and the either Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Trend Lines Inc)

Lender's Rights, Duties, and Liabilities. The Each Borrower assumes ---------------------------------------- all responsibility and liability arising from or relating to the use, sale or other disposition of the Collateral. To the extent that the Lender has taken possession of any of the Collateral pursuant to its rights under this Agreement, neither Neither the Lender nor any of its officers, directors, employees or employees, and agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any act or failure to act with respect to the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of default of by any warehouseman, carrier, forwarding agency or or, other Person person whomsoever, all of which shall be at the Borrower’s 's sole risk. The Obligations shall not be affected by any failure of the Lender to take any steps to perfect the Lender’s Liens Security Interest or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Borrower from any of the Obligations. The After the occurrence of an Event of Default that has not been cured or otherwise waived by Lender, the Lender may (but shall not be required to), without notice to or consent from the Borrower, xxx upon or otherwise collect, extend the time for payment of, modify or amend the terms of, compromise or settle for cash, cash or 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 the Borrower for the Obligations or under this Agreement or any other agreement now or hereafter existing between the Lender and the BorrowerObligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Environmental Group International LTD)

Lender's Rights, Duties, and Liabilities. The Borrower assumes all responsibility and liability arising from or relating to the use, sale sale, or other disposition of the Collateral. To the extent that the Lender has taken possession of any of the Collateral pursuant to its rights under this Agreement, neither Neither the Lender nor any of its officers, directors, employees or employees, and agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any act or failure to act with respect to the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of default of or any warehouseman, carrier, forwarding agency or other Person person whomsoever, all of which shall be at the Borrower’s 's sole risk. The Obligations shall not be affected by any failure of the Lender to take any steps to perfect the Lender’s Liens Security Interest or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Borrower from any of the Obligations. The Lender may (but shall not be required to), without notice to or consent from the Borrower, xxx upon sue xxxn 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 the Borrower for the Obligations or under this Agreement or any other agreement now or hereafter existing between the Lender and the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Compression Labs Inc)

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Lender's Rights, Duties, and Liabilities. The Borrower and each LSB Guarantor Subsidiary assumes all responsibility and liability arising from or relating to the use, sale or other disposition of the Collateral. To the extent that the Lender has taken possession of any of the Collateral pursuant to its rights under this Agreement, neither Neither the Lender nor any of its officers, directors, employees or employees, and agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any act or failure to act with respect to the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of default of by any warehouseman, carrier, forwarding agency or or, other Person person whomsoever, all of which shall be at the Borrower’s 's sole risk. The Obligations shall not be affected by any failure of the Lender to take any steps to perfect the Lender’s Liens Security Interest or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Borrower from any of the Obligations. The After the occurrence of an Event of Default that has not been cured or otherwise waived by Lender, the Lender may (but shall not be required to), without notice to or consent from the BorrowerBorrower or any LSB Guarantor Subsidiary, xxx upon or otherwise collect, extend the time for payment of, modify or amend the terms of, compromise or settle for cash, cash or 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 the Borrower for the Obligations or under this Agreement or any other agreement now or hereafter existing between the Lender and the BorrowerObligations.

Appears in 1 contract

Samples: Loan and Security Agreement (LSB Industries Inc)

Lender's Rights, Duties, and Liabilities. The Each Borrower assumes all responsibility and liability arising from or relating to the use, sale or other disposition of the Collateral. To the extent that the Lender has taken possession of any of the Collateral pursuant to its rights under this Agreement, neither Neither the Lender nor any of its officers, directors, employees or employees, and agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any act or failure to act with respect to the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of default of by any warehouseman, carrier, forwarding agency or or, other Person person whomsoever, all of which shall be at the Borrower’s 's sole risk. The Obligations shall not be affected by any failure of the Lender to take any steps to perfect the Lender’s Liens Security Interest or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Borrower from any of the Obligations. The After the occurrence of an Event of Default that has not been cured or otherwise waived by Lender, the Lender may (but shall not be required to), without notice to or consent from the any Borrower, xxx upon or otherwise collect, extend the time for payment of, modify or amend the terms of, compromise or settle for cash, cash or 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 the Borrower for the Obligations or under this Agreement or any other agreement now or hereafter existing between the Lender and the BorrowerObligations.

Appears in 1 contract

Samples: Loan and Security Agreement (LSB Industries Inc)

Lender's Rights, Duties, and Liabilities. The Each Borrower assumes all responsibility and liability arising from or relating to the use, sale sale, or other disposition of the Collateral. To the extent that the Lender has taken possession of any of the Collateral pursuant to its rights under this Agreement, neither Neither the Lender nor any of its officers, directors, employees or employees, and agents shall be liable or responsible in any way for the safekeeping of any of the Collateral, or for any act or failure to act with respect to the Collateral, or for any loss or damage thereto, or for any diminution in the value thereof, or for any act of default of or any warehouseman, carrier, forwarding agency or other Person person whomsoever, except to the extent resulting from the gross negligence or willful misconduct of the Lender, its officers, directors, employees or agents, all of which shall be at the such Borrower’s 's sole risk. The Obligations shall not be affected by any failure of the Lender to take any steps to perfect the Lender’s Liens Security Interest or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the any Borrower from any of the Obligations. The Lender may (but shall not be required to), without notice to or consent from the applicable Borrower, xxx upon sue xxxn 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 the such Borrower for the Obligations or under this Agreement or any other agreement now or hereafter existing between the Lender and the such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Outlook Group Corp)

Lender's Rights, Duties, and Liabilities. The Borrower Each Option Care Person assumes all responsibility and liability arising from or relating to the use, sale sale, or other disposition of the Collateral. To the extent that the Lender has taken possession of any of the Collateral pursuant to its rights under this Agreement, neither the Lender nor any of its officers, directors, employees 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 carrier, forwarding agency or other Person whomsoever, all of which shall be at the Borrower’s sole risk. The Obligations shall not be affected by any failure of any Lender or the Lender Lenders' Agent to take any steps to perfect the Lender’s Liens Security Interest or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Borrower any Option Care Person from any of the Obligations. The Lender Following the occurrence of an Event of Default, the Lenders' Agent may (but shall not be required to), and at the direction of the Majority Lenders shall, without notice to or consent from the Borrowerany Option Care Person, 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 the Borrower any Option Care Person for the Obligations or under this Agreement or any other agreement now or hereafter existing between the any Lender and any Option Care Person or between the BorrowerLenders' Agent and any Option Care Person; provided that to the extent that applicable law prohibits the Lenders' Agent from collecting any payment directly from a Government Account Debtor, the Lenders' Agent shall not collect such payment directly from such Government Account Debtor.

Appears in 1 contract

Samples: Loan and Security Agreement (Option Care Inc/De)

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