Common use of Preservation of the Collateral Clause in Contracts

Preservation of the Collateral. The Bank may, but is not required to, take such action from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall not be inconsistent with the Bank's status as a secured party, and the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower Debtor shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerDebtor, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral, absent Bank’s gross negligence or willful misconduct. The Borrower Debtor shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Debtor and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower Debtor represents to, and covenants with, the Bank that the Borrower Debtor has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower Debtor agrees that the Bank shall have no responsibility or liability for informing the Borrower Debtor of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the reasonable control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower Borrowing Agent shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the a Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Borrowers shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Borrowers and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the each Borrower represents represent to, and covenants with, the Bank that the such Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the such Borrower agrees that the Bank shall have no responsibility or liability for informing the such Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank Lender may, but is not required torequired, to ------------------------------ take such action actions from time to time as the Bank Lender deems appropriate to maintain or protect the Collateral. The Bank Lender shall have exercised reasonable care in the custody and preservation of the Collateral if it the Lender takes such action as the Borrower Borrowers shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the BankLender's status as a secured party, and but the failure of the Bank Lender to comply with any such request shall not necessarily be deemed a failure to exercise reasonable care; provided, however, the Lender's responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Lender accords its own property, and (ii) not extend to matters beyond the control of the Lender, including, without limitation, acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank Lender to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerBorrowers, shall not necessarily be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Borrowers shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Borrowers and the Bank Lender in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto. The Borrower further agrees to indemnify and hold the Bank harmless against claims of any Persons not a party to this Agreement arising out of disputes with respect to the Collateral.

Preservation of the Collateral. The Bank may, but is not required to, take such action from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall not be inconsistent with the Bank's ’s status as a secured party, and the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required to, take such action from time to time as the Bank deems reasonably appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall not be inconsistent with the Bank's ’s status as a secured party, and the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower Debtor shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank's responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerDebtor, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Debtor shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Debtor and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower Debtor represents to, and covenants with, the Bank that the Borrower Debtor has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower Debtor agrees that the Bank shall have no responsibility or liability for informing the Borrower Debtor of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank Agent may, but is not required to, take such action from time to time as the Bank Agent deems appropriate to maintain or protect the Collateral. The Bank Agent shall have exercised reasonable care in the custody and preservation of the Collateral if it takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall not be inconsistent with the BankAgent's and the Lenders' status as a secured party, and the failure of the Bank Agent to comply with any such request shall not be deemed a failure to exercise reasonable care. In addition, any failure of the Bank Agent to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank Agent and the Lenders in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank Agent and the Lenders that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that neither the Bank Agent nor the Lenders shall have no any responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate in its commercially reasonable judgment to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including, without limitation, acts of God, terrorism, strike, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required to, take such action from time to time as the Bank reasonably deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall not be inconsistent with the Bank's status as a secured party, and the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care. In addition, any failure of the Bank to preserve or protect any rights with respect to the any Collateral not in Bank's possession or control against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the any Collateral not in Bank's possession or control against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect theretothereto so long as such securities are not in Bank's possession or control.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower shall reasonably request in writingaction; provided, however, that such request shall not be inconsistent with the Bank's status as a secured partyresponsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the failure control of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable careBank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, Collateral shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required to, take such action from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it takes such action as the Borrower Borrowers shall reasonably request in writing; provided, however, that such request shall not be inconsistent with the Bank's ’s status as a secured party, and the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerBorrowers, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Borrowers shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Borrowers and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents Borrowers represent to, and covenants covenant with, the Bank that the Borrower has Borrowers have made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees Borrowers agree that the Bank shall have no responsibility or liability for informing the Borrower Borrowers of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank Subject to the rights of the Senior Lender under the Senior Loan Documents and the terms and conditions of the Senior Loan Subordination Agreement, and after the occurrence and during the continuance of an Event of Default, the Purchaser may, but is not required torequired, to take such action actions from time to time as the Bank Purchaser deems appropriate to maintain or protect the Collateral. The Bank Purchaser shall have exercised reasonable care in the custody and preservation of the Collateral if it the Purchaser takes such action as the Borrower any Obligor shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's Purchaser’s status as a secured party, and but the failure of the Bank Purchaser to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Purchaser’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Purchaser accords its own property, and (ii) not extend to matters beyond the control of the Purchaser, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank Purchaser to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerObligors, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Obligors shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Obligors and the Bank Purchaser in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents Obligors represent to, and covenants covenant with, the Bank Purchaser that the Borrower has Obligors have made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees Obligors agree that the Bank Purchaser shall have no responsibility or liability for informing the Borrower Obligors of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Subject to the terms of the Leases and the rights of the Tenant thereunder, the Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower Borrowers shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerBorrowers, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Borrowers shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Borrowers and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents Borrowers represent to, and covenants covenant with, the Bank that the Borrower has Borrowers have made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees Borrowers agree that the Bank shall have no responsibility or liability for informing the Borrower Borrowers of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank Lender may, but is not required to, take such action from time to time as the Bank Lender deems appropriate to maintain or protect the Collateral. The Bank Lender shall have exercised exercise such reasonable care in the custody and preservation of the Collateral (if it Lender takes such action action) as the Borrower shall reasonably request requests in writing; provided, however, that but such request shall not be inconsistent with the Bank's Lender’s status as a secured party, and the failure of the Bank Lender to comply with any such request shall not be deemed a failure to exercise reasonable care. In addition, any failure of the Bank Lender to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so Collateral requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank Lender in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank Lender that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank Lender shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including, without limitation, acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank Lender may, but is not required torequired, to take such action actions from time to time as the Bank Lender deems appropriate to maintain or protect the Collateral. The Bank Lender shall have exercised reasonable care in the custody and preservation of the Collateral if it Lender takes such action as the Borrower Borrowers shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's Lender’s status as a secured party, and but the failure of the Bank Lender to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, Lender’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which Lender accords its own property, and (ii) not extend to matters beyond the control of Lender, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank Lender to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerBorrowers, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Borrowers shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Borrowers and the Bank Lender in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents Borrowers represent to, and covenants covenant with, the Bank Lender that the Borrower has Borrowers have made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees Borrowers agree that the Bank Lender shall have no responsibility or liability for informing the Borrower Borrowers of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank's responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including, without limitation, acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank Lender may, but is not required torequired, to take such action actions from time to time as the Bank Lender deems appropriate to maintain or protect the Collateral. The Bank Lender shall have exercised reasonable care in the custody and preservation of the Collateral if it Lender takes such action as the Borrower Borrowers shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's Lender’s status as a secured party, and but the failure of the Bank Lender to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, Lender’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which Lender accords its own property, and (ii) not extend to matters beyond the control of Lender, including, without limitation, acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank Lender to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerBorrowers, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Borrowers shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Borrowers and the Bank Lender in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the each Borrower represents to, and covenants with, the Bank Lender that the such Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees Borrowers agree that the Bank Lender shall have no responsibility or liability for informing the Borrower Borrowers of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required to, take such action from time to time as the Bank deems reasonably appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it takes such action as the Borrower Borrowers shall reasonably request in writing; provided, however, that such request shall not be inconsistent with the Bank's ’s status as a secured party, and the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerBorrowers, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Borrowers shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Borrowers and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents Borrowers represent to, and covenants covenant with, the Bank that the Borrower has Borrowers have made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees Borrowers agree that the Bank shall have no responsibility or liability for informing the Borrower Borrowers of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required to, take such action from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall not be inconsistent with the Bank's status as a secured party, and the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower Debtor shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerDebtor, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Debtor shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Debtor and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower Debtor represents to, and covenants with, the Bank that the Borrower Debtor has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower Debtor agrees that the Bank shall have no responsibility or liability for informing the Borrower Debtor of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank's responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including, without limitation, acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank Lenders may, but is are not required torequired, to take such action actions from time to time as the Bank deems they deem appropriate to maintain or protect the Collateral. The Bank Lenders shall have exercised reasonable care in the custody and preservation of the Collateral if it takes the Lenders take such action as the Borrower shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's Lenders’ status as a secured party, and but the failure of the Bank Lenders to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, a Lender’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Lender accords its own property, and (ii) not extend to matters beyond the control of the Lenders, including, without limitation, acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank Lenders to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank Lenders in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank Lenders that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank Lenders shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank At any time during which an Event of Default has occurred and is continuing, Lenders may, but is are not required to, take such action from time to time as the Bank deems Lenders deem appropriate to maintain or protect the Collateral. The Bank Lenders shall have exercised reasonable care in the custody and preservation of the Collateral if it takes such action as the any Borrower shall reasonably request in writing; provided, however, provided that such request shall not be inconsistent with the Bank's Lenders’ status as a secured party, and the failure of the Bank Lender to comply with any such request shall not be deemed a failure to exercise reasonable care. In addition, any failure of the Bank Lenders to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the any Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Each Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the such Borrower and the Bank Lenders in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the each Borrower represents to, and covenants with, the Bank Lenders that the such Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the such Borrower agrees that the Bank Lenders shall not have no any responsibility or liability for informing the such Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower Debtor shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerDebtor, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Debtor shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Debtor and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower Debtor represents to, and covenants with, the Bank that the Borrower Debtor has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower Debtor agrees that the Bank shall have no responsibility or liability for informing the Borrower Debtor of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank Lender may, but is not required torequired, to take such action actions from time to time as the Bank Lender deems appropriate to maintain or protect the Collateral. The Bank Lender shall have exercised reasonable care in the custody and preservation of the Collateral if it Lender takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's Lender’s status as a secured party, and but the failure of the Bank Lender to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, Lender’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which Lender accords its own property, and (ii) not extend to matters beyond the control of Lender, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank Lender to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank Lender in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank Lender that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank Lender shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as any of the Borrower Borrowers shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by any of the BorrowerBorrowers, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Borrowers shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Borrowers and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents Borrowers represent to, and covenants covenant with, the Bank that the Borrower has Borrowers have made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and each of the Borrower agrees Borrowers agree that the Bank shall have no responsibility or liability for informing the Borrower Borrowers of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank's responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the Borrower, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents to, and covenants with, the Bank that the Borrower has made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees that the Bank shall have no responsibility or liability for informing the Borrower of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.

Preservation of the Collateral. The Bank may, but is not required torequired, to take such action actions from time to time as the Bank deems appropriate to maintain or protect the Collateral. The Bank shall have exercised reasonable care in the custody and preservation of the Collateral if it the Bank takes such action as the Borrower Borrowers shall reasonably request in writing; provided, however, that such request shall writing which is not be inconsistent with the Bank's ’s status as a secured party, and but the failure of the Bank to comply with any such request shall not be deemed a failure to exercise reasonable care; provided, however, the Bank’s responsibility for the safekeeping of the Collateral shall (i) be deemed reasonable if such Collateral is accorded treatment substantially equal to that which the Bank accords its own property, and (ii) not extend to matters beyond the control of the Bank, including acts of God, war, insurrection, riot or governmental actions. In addition, any failure of the Bank to preserve or protect any rights with respect to the Collateral against prior or third parties, or to do any act with respect to preservation of the Collateral, not so requested by the BorrowerBorrowers, shall not be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral. The Borrower Borrowers shall have the sole responsibility for taking such action as may be necessary, from time to time, to preserve all rights of the Borrower Borrowers and the Bank in the Collateral against prior or third parties. Without limiting the generality of the foregoing, where Collateral consists in whole or in part of securities, the Borrower represents Borrowers represent to, and covenants covenant with, the Bank that the Borrower has Borrowers have made arrangements for keeping informed of changes or potential changes affecting the securities (including, but not limited to, including rights to convert or subscribe, payment of dividends, reorganization or other exchanges, tender offers and voting rights), and the Borrower agrees Borrowers agree that the Bank shall have no responsibility or liability for informing the Borrower Borrowers of any such or other changes or potential changes or for taking any action or omitting to take any action with respect thereto.