Common use of No Duty on the Part of Secured Party Clause in Contracts

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder are solely to protect the interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, neither it nor any of its officers, directors, employees, or agents shall be responsible to the Debtor for any act or failure to act hereunder.

Appears in 4 contracts

Samples: Security Agreement (Primeenergy Corp), Security Agreement (Primeenergy Corp), Security Agreement (Primeenergy Corp)

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No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder are solely to protect the interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, neither it nor any of its officers, directors, employees, or agents shall be responsible to the Debtor for any act or failure to act hereunder.

Appears in 3 contracts

Samples: Amended and Restated Security Agreement (Primeenergy Corp), Amended and Restated Security Agreement (Primeenergy Corp), Security Agreement (Edge Petroleum Corp)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder under this Security Agreement are solely to protect the interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it nor any of its officers, directors, employees, employees or agents shall be responsible to the Debtor Pledgor or its officers, directors, employees, stockholders or agents for any act or failure to act hereunder, except for its own gross negligence or willful misconduct.

Appears in 2 contracts

Samples: Modification Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder under this Security Agreement are solely to protect the interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it nor any of its officers, directors, employees, employees or agents shall be responsible to the Debtor or its officers, directors, employees, stockholders or agents for any act or failure to act hereunder, except for its own gross negligence or willful misconduct.

Appears in 2 contracts

Samples: Modification Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder are solely to protect the interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it nor any of its officers, directors, employees, employees or agents shall be responsible to the any Debtor for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Majestic Investor Capital Corp), Pledge and Security Agreement (Orbital Sciences Corp /De/)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder are solely to protect the interests of the Secured Party Parties in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it nor any of its officers, directors, employees, employees or agents shall be responsible to the Debtor any Grantor for any act or failure to act hereunder, except for its own gross negligence or willful misconduct.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Xo Communications Inc), Pledge and Security Agreement (Atlantic Coast Entertainment Holdings Inc)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder are solely to protect the interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it nor any of its officers, directors, employees, employees or agents shall be responsible to the Debtor Pledgor for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Pledge Agreement (Majestic Investor Capital Corp)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder are solely to protect the interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it they actually receives receive as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it they nor any of its their officers, directors, employees, employees or agents shall be responsible to the Debtor any Grantor for any act or failure to act hereunder, except for their own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Pledge and Security Agreement (Foothills Resources Inc)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder are solely to protect the interests of the Secured Party in the Collateral 102 and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, neither it nor any of its officers, directors, employees, or agents shall be responsible to the Debtor for any act or failure to act hereunder.

Appears in 1 contract

Samples: Security Agreement (Middle Bay Oil Co Inc)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder under this Security Agreement are solely to protect the interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it nor any of its officers, directors, employees, employees or agents shall be responsible to the Debtor or its officers, directors, employees, partners or agents for any act or failure to act hereunder, except for its own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Security Agreement (Baron Energy Inc.)

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No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder are solely to protect the interests of the Secured Party in the Pledged Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it Secured Party nor any of its officers, directors, employees, employees or agents shall be responsible to the Debtor Pledgor for any act or failure to act hereunder, except for its own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Pledge Agreement (Cadiz Inc)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder under this Agreement are solely to protect the Secured Party’s interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it nor any of its officers, directors, employees, employees or agents shall be responsible to the Debtor Borrower for any act or failure to act hereunderunder this Agreement.

Appears in 1 contract

Samples: Security Agreement (Mbia Inc)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder are solely to protect the its interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives receive as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it the Secured Party nor any of its officers, directors, employees, employees or agents shall be responsible to the Debtor Grantor for any act or failure to act hereunder, except for the own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Agreement (Vernalis PLC)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder are solely to protect the interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it actually receives as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it nor any of its officers, directors, employees, employees or agents shall be responsible to the Debtor for any act or failure to act hereunder, except for its own gross negligence or willful misconduct, it being the intent of the parties hereto that Secured Party shall not be accountable for its own negligence.

Appears in 1 contract

Samples: Security Agreement (Boundless Motor Sports Racing Inc)

No Duty on the Part of Secured Party. The powers conferred on the Secured Party hereunder are solely to protect the interests of the Secured Party in the Collateral and shall not impose any duty upon the Secured Party to exercise any such powers. The Secured Party shall be accountable only for amounts that it they actually receives receive as a result of the exercise of such powers, and, except for its willful misconduct and/or own gross negligence, and neither it nor any of its officers, directors, employees, employees or agents shall be responsible to the Debtor for any act or failure to act hereunder, except for its own gross negligence or willful misconduct.

Appears in 1 contract

Samples: Security Agreement (Vhgi Holdings, Inc.)

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