Common use of NON-ASSUMPTION OF LIABILITY; NO FIDUCIARY RESPONSIBILITY Clause in Contracts

NON-ASSUMPTION OF LIABILITY; NO FIDUCIARY RESPONSIBILITY. Nothing herein contained shall relieve the Borrower from performing any covenant, agreement or obligation on the part of the Borrower to be performed under or in respect of any of the Collateral or from any liability to any party or parties having an interest therein or impose any liability on the Agent or the Lenders for the acts or omissions of the Borrower in connection with any of the Collateral. The Agent and the Lenders shall not assume or become liable for, nor shall any of them be deemed or construed to have assumed or become liable for, any obligation of the Borrower with respect to any of the Collateral, or otherwise, by reason of the grant to the Agent, for the benefit of the Lenders, of security interests in the Collateral. While the Agent shall use reasonable care in the custody and preservation of the Collateral as provided in Section 6 hereof, the Agent shall not have any fiduciary responsibility to the Borrower with respect to the holding, maintenance or transmittal of the Collateral delivered hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/)

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NON-ASSUMPTION OF LIABILITY; NO FIDUCIARY RESPONSIBILITY. Nothing herein contained shall relieve the Borrower Company from performing any covenant, agreement or obligation on the part of the Borrower Company to be performed under or in respect of any of the Collateral or from any liability to any party or parties having an interest therein or impose any liability on the Agent or the Lenders any Secured Party for the acts or omissions of the Borrower Company in connection with any of the Collateral. The Agent and the Lenders Secured Parties shall not assume or become liable for, nor shall any of them be deemed or construed to have assumed or become liable for, any obligation of the Borrower Company with respect to any of the Collateral, or otherwise, by reason of the grant to the Agent, for the benefit of the LendersSecured Parties, of security interests in the Collateral. While the Agent shall use reasonable care in the custody and preservation of the Collateral as provided in Section 6 hereof, the Agent shall not have any fiduciary responsibility to the Borrower Company with respect to the holding, maintenance or transmittal of the Collateral delivered hereunder.

Appears in 1 contract

Samples: Pledge and Security Agreement (New Century Financial Corp)

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NON-ASSUMPTION OF LIABILITY; NO FIDUCIARY RESPONSIBILITY. Nothing herein contained shall relieve the Borrower Pledgor from performing any covenant, agreement or obligation on the part of the Borrower Pledgor to be performed under or in respect of any of the Collateral or from any liability to any party or parties having an interest therein or impose any liability on the Collateral Agent, the Agent or the Lenders Pledgees for the acts or omissions of the Borrower Pledgor in connection with any of the Collateral. The Collateral Agent, the Agent and the Lenders Pledgees shall not assume or become liable for, nor shall any of them it be deemed or construed to have assumed or become liable for, any obligation of the Borrower Pledgor with respect to any of the Collateral, or otherwise, by reason of the grant to the Agent, for the benefit of the Lenders, Pledgees of security interests in the Collateral. While the Collateral Agent shall use reasonable care in the custody and preservation of the Collateral as provided in Section 6 hereof, the Collateral Agent shall not have any fiduciary responsibility to the Borrower Pledgor with respect to the holding, maintenance or transmittal of the Collateral delivered hereunder.

Appears in 1 contract

Samples: Warehousing Credit Agreement (MDC Holdings Inc)

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