Common use of Limitation on Duties Regarding Preservation of Collateral Clause in Contracts

Limitation on Duties Regarding Preservation of Collateral. Xxxxxx’s sole duty to Borrower with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under the UCC or otherwise, shall be to deal with such Collateral in a commercially reasonable manner. Lender shall have no obligation to take any steps to preserve rights against prior parties to any Collateral. Neither Lender nor any of its managers, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of Borrower or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement

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Limitation on Duties Regarding Preservation of Collateral. XxxxxxLender’s sole duty to Borrower with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC or otherwise, shall be to deal with such Collateral it in a commercially reasonable manner. the same manner as Lender shall have no obligation to take any steps to preserve rights against prior parties to any Collateraldeals with similar property for its own account. Neither Lender nor any of its managersdirectors, officers, officers or employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of Borrower or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement (NexPoint Real Estate Finance, Inc.), Loan and Security Agreement (NexPoint Real Estate Finance, Inc.)

Limitation on Duties Regarding Preservation of Collateral. XxxxxxLender’s sole duty to Borrower with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under the UCC or otherwise, shall be to deal with such Collateral in a commercially reasonable manner. Lender shall have no obligation to take any steps to preserve rights against prior parties to any Collateral. Neither Lender nor any of its managers, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of Borrower or otherwise.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement

Limitation on Duties Regarding Preservation of Collateral. Xxxxxx’s Lenders' Representatives sole duty to Borrower with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9-207 of the UCC or otherwise, shall be to deal with such Collateral it in a commercially reasonable manner. Lender shall have no obligation to take any steps to preserve rights against prior parties to any Collateralthe same manner as Lenders' Representative would deal with similar property for its own account. Neither Lender Lenders' Representative nor any of its managerspartners, directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of Borrower the Grantor or otherwise.

Appears in 2 contracts

Samples: Patent Security Agreement (Compliance Systems Corp), Patent Security Agreement (Compliance Systems Corp)

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Limitation on Duties Regarding Preservation of Collateral. Xxxxxx’s Secured Parties’ sole duty to Borrower with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under Section 9a.207 of the UCC or otherwise, shall be to deal with such Collateral it in a commercially reasonable manner. Lender shall have no obligation to take any steps to preserve rights against prior parties to any Collateralthe same manner as the Secured Parties deal with similar property for its own account. Neither Lender the Secured Parties nor any of its their directors, officers, members, managers, officerspartners, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of Borrower the Debtors or otherwise.

Appears in 1 contract

Samples: Amended and Restated Security Agreement (America West Resources, Inc.)

Limitation on Duties Regarding Preservation of Collateral. Xxxxxx’s The Lender's sole duty to Borrower with respect to the custody, safekeeping and physical preservation of the Collateral in its possession, under the UCC or otherwise, shall be to deal with such Collateral it in a commercially reasonable manner. the same manner as the Lender shall have no obligation to take any steps to preserve rights against prior parties to any Collateraldeals with similar Property for its own account. Neither Lender the Lender, nor any of its managersrespective directors, officers, employees or agents shall be liable for failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so or shall be under any obligation to sell or otherwise dispose of any Collateral upon the request of Borrower any Pledgor or otherwise.

Appears in 1 contract

Samples: Pledge Agreement (Kroll Inc)

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