Common use of Protection of Collateral Clause in Contracts

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit Parties. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Parties’ sole risk.

Appears in 6 contracts

Samples: Credit Agreement (Resolute Forest Products Inc.), Credit Agreement (Resolute Forest Products Inc.), Credit Agreement (Resolute Forest Products Inc.)

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Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with imposed under any Applicable Law on any of the Collateral or in respect to any Collateral (including any of the sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, Collateral shall be borne and paid by the Credit PartiesBorrower. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, of the Collateral or for any loss or damage thereto (except for reasonable care in its the custody thereof while any Collateral is in the Collateral Agent’s 's actual possession), ) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoeverwhomsoever, but the same shall be at the Credit Parties’ Borrower's sole risk.

Appears in 5 contracts

Samples: Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Pameco Corp)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with imposed under any Applicable Law on any of the Collateral or in respect to any Collateral (including any of the sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, Collateral shall be borne and paid by the Credit PartiesBorrowers. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, of the Collateral or for any loss or damage thereto (except for reasonable care in its the custody thereof while any Collateral is in the Collateral Agent’s 's actual possession), ) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoeverwhomsoever, but the same shall be at the Credit Parties’ Borrowers' sole risk.

Appears in 5 contracts

Samples: Loan and Security Agreement (Alpharma Inc), Loan and Security Agreement (Alpharma Inc), Loan and Security Agreement (Tropical Sportswear International Corp)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrower and Borrowing Base Guarantors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Parties’ Borrower’s and/or Borrowing Base Guarantor’s sole risk, as applicable.

Appears in 5 contracts

Samples: Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp)

Protection of Collateral. All reasonable and documented out-of-pocket expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesObligors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s 's actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Parties’ Obligors' sole risk.

Appears in 5 contracts

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

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with imposed under any Applicable Law on any of the Collateral or in respect to any Collateral (including any of the sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, Collateral shall be borne and paid by the Credit PartiesBorrowers. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, of the Collateral or for any loss or damage thereto (except for reasonable care in its the custody thereof while any Collateral is in the Collateral Agent’s actual possession), ) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoeverwhomsoever, but the same shall be at the Credit PartiesBorrowers’ sole risk.

Appears in 4 contracts

Samples: Loan and Security Agreement (Standard Register Co), Loan and Security Agreement (Standard Register Co), Loan and Security Agreement (Rowe Companies)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Priority Payables and Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesObligors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesObligors’ sole risk.

Appears in 4 contracts

Samples: Loan and Security Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining maintaining, and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrowers. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoever, but the same shall be at the Credit PartiesBorrowers’ sole risk.

Appears in 3 contracts

Samples: Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc)

Protection of Collateral. All reasonable and documented out-of-pocket expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesObligors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesObligors’ sole risk.

Appears in 3 contracts

Samples: Abl Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Habit Restaurants, Inc.), Loan and Security Agreement (Rocky Brands, Inc.)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any CollateralCollateral of a Loan Party, all Taxes payable with respect to any Collateral of a Loan Party (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any CollateralCollateral of a Loan Party, shall be borne and paid by the Credit Loan Parties. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but and the same shall be at the Credit Loan Parties’ sole risk.

Appears in 3 contracts

Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Administrative Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrowers. The Collateral Administrative Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Administrative Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesBorrowers’ sole risk.

Appears in 3 contracts

Samples: Credit Agreement (Pacer International Inc), Credit Agreement (Pacer International Inc), Credit Agreement (Pacer International Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesObligors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any CollateralCollateral or any other Property of Obligors, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s 's actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Parties’ Obligors' sole risk.

Appears in 3 contracts

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.), Credit Agreement (Calumet Specialty Products Partners, L.P.), Credit Agreement (Calumet Specialty Products Partners, L.P.)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit Partiesapplicable Borrower. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesBorrowers’ sole risk.

Appears in 2 contracts

Samples: Loan and Security Agreement (Americas Carmart Inc), Loan and Security Agreement (Americas Carmart Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrowers. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any CollateralCollateral or any other Property of the Borrowers, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesBorrowers’ sole risk.

Appears in 2 contracts

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.), Credit Agreement

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Administrative Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesObligors. The Collateral Administrative Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Administrative Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesObligors’ sole risk.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesObligors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any CollateralCollateral or any other Property of Obligors, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesObligors’ sole risk.

Appears in 2 contracts

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.), Credit Agreement (Calumet Specialty Products Partners, L.P.)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with imposed under any Applicable Law on any of the Collateral or in respect to any Collateral (including any of the sale thereof), and all other payments required to be made by the Collateral Agent Lender to any Person to realize upon any Collateral, Collateral shall be borne and paid by the Credit PartiesBorrowers. The Collateral Agent Lender shall not be liable or responsible in any way for the safekeeping of any Collateral, of the Collateral or for any loss or damage thereto (except for reasonable care in its the custody thereof while any Collateral is in the Collateral AgentLender’s actual possession), ) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoeverwhomsoever, but the same shall be at the Credit PartiesBorrowers’ sole risk.

Appears in 2 contracts

Samples: Loan and Security Agreement (Artesyn Technologies Inc), Post Petition Loan and Security Agreement (Insight Health Services Holdings Corp)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Administrative Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrower. The Collateral Administrative Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Administrative Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Parties’ Borrower’s sole risk.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Commercial Vehicle Group, Inc.), Term Loan and Security Agreement (Commercial Vehicle Group, Inc.)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Administrative Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrower. The Collateral Administrative Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Administrative Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesBorrower’ sole risk.

Appears in 2 contracts

Samples: Loan and Security Agreement (Core Scientific, Inc./Tx), Loan and Security Agreement (Core Scientific, Inc./Tx)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with imposed under any Applicable Law on any of the Collateral or in respect to any Collateral (including any of the sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, Collateral shall be borne and paid by the Credit Parties. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, of the Collateral or for any loss or damage thereto (except for reasonable care in its the custody thereof while any Collateral is in the Collateral Agent’s actual possession), ) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoeverwhomsoever, but the same shall be at the Credit Parties’ sole risk.

Appears in 2 contracts

Samples: Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrower on whose behalf the foregoing are incurred. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Parties’ applicable Borrower’s sole risk.

Appears in 2 contracts

Samples: Loan and Security Agreement (Kemet Corp), Loan and Security Agreement (Multi Fineline Electronix Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrower. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Parties’ Borrower’s sole risk.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Core Scientific, Inc./Tx)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesObligors. The Collateral Agent shall not be liable or \8885650.14 responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesObligors’ sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Spherion Corp)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with imposed under any Applicable Law on any of the Collateral or in respect to any Collateral (including any of the sale thereof), and all other payments required to be made by the Collateral Agent Lender to any Person to realize upon any Collateral, Collateral shall be borne and paid by the Credit PartiesBorrower. The Collateral Agent Lender shall not be liable or responsible in any way for the safekeeping of any Collateral, of the Collateral or for any loss or damage thereto (except for reasonable care in its the custody thereof while any Collateral is in the Collateral Agent’s Lender's actual possession), ) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoeverwhomsoever, but the same shall be at the Credit Parties’ Borrower' sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Tropical Sportswear International Corp)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining maintaining, and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrowers. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s 's actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoever, but the same shall be at the Credit Parties’ Borrowers' sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Amkor Technology Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with imposed under any Applicable Law on any of the Collateral or in respect to any Collateral (including any of the sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, Collateral shall be borne and paid by the Credit PartiesObligors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, of the Collateral or for any loss or damage thereto (except for reasonable care in its the custody thereof while any Collateral is in the Collateral Agent’s 's actual possession), ) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoeverwhomsoever, but the same shall be at the Credit Parties’ Borrowers' sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Mastec Inc)

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Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Administrative Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesObligors. The Collateral Administrative Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for failing to exercise reasonable care in its custody while Collateral is in the Collateral Administrative Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesObligors’ sole risk.

Appears in 1 contract

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

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesGrantors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesGrantors’ sole risk.

Appears in 1 contract

Samples: Security Agreement (ArcLight Clean Transition Corp.)

Protection of Collateral. All reasonable and documented expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrower and Subsidiary Guarantors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Parties’ Borrower’s sole risk.. 8.5.4

Appears in 1 contract

Samples: Loan and Security Agreement (Summit Midstream Partners, LP)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Administrative Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesObligors. The Collateral Administrative Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Administrative Agent’s 's actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Parties’ Obligors' sole risk.

Appears in 1 contract

Samples: Term Loan and Security Agreement (DXP Enterprises Inc)

Protection of Collateral. All reasonable and documented expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrower and Subsidiary Guarantors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Parties’ Borrower’s sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Summit Midstream Partners, LP)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with imposed under any Applicable Law on any of the Collateral or in respect to any Collateral (including any of the sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, Collateral shall be borne and paid by the Credit Parties. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, of the Collateral or for any loss or damage thereto (except for reasonable care in its the custody thereof while any Collateral is in the Collateral Agent’s 's actual possession), ) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoeverwhomsoever, but the same shall be at the Credit Parties' sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Integrated Electrical Services Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including upon any sale thereof), and all other payments required to be made by the Collateral any Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrowers. The Collateral Agent Agents shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Applicable Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesBorrowers’ sole risk.

Appears in 1 contract

Samples: Loan Agreement (Superior Essex Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Administrative Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit Loan Parties. The Collateral Administrative Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Administrative Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Loan Parties’ sole risk.

Appears in 1 contract

Samples: Credit Agreement (Armstrong Flooring, Inc.)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with imposed under any Applicable Law on any of the Collateral or in respect to any Collateral (including any of the sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, Collateral shall be borne and paid by the Credit PartiesObligors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, of the Collateral or for any loss or damage thereto (except for reasonable care in its the custody thereof while any Collateral is in the Collateral Agent’s actual possession), ) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoeverwhomsoever, but the same shall be at the Credit PartiesBorrowers’ sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Mastec Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Administrative Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrower. The Collateral Administrative Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Administrative Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesBorrower’ sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Core Scientific, Inc./Tx)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any the Collateral, all Taxes payable with imposed by any Applicable Law on any of the Collateral or in respect to any Collateral (including any of the sale thereof), and all other payments required to be made by the Collateral Agent Lender to any Person to realize upon any Collateral, Collateral shall be borne and paid by the Credit PartiesBorrowers. The Collateral Agent Lender shall not be liable or responsible in any way for the safekeeping of any Collateral, of the Collateral or for any loss or damage thereto (except for reasonable care in its the custody thereof while any Collateral is in the Collateral Agent’s Lender's actual possession), ) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoeverwhomsoever, but the same shall be at the Credit Parties’ Borrowers' sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Proxymed Inc /Ft Lauderdale/)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by Borrower and the Credit Partiesrespective other Obligors incurring the same. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit Parties’ Borrower’s sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Multi Fineline Electronix Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with imposed under any Applicable Law on any of the Collateral or in respect to any Collateral (including any of the sale thereof), and all other payments required to be made by the Collateral Agent Lender to any Person to realize upon any Collateral, Collateral shall be borne and paid by the Credit PartiesBorrowers. The Collateral Agent Lender shall not be liable or responsible in any way for the safekeeping of any Collateral, of the Collateral or for any loss or damage thereto (except for reasonable care in its the custody thereof while any Collateral is in the Collateral Agent’s Lender's actual possession), ) or for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoeverwhomsoever, but the same shall be at the Credit Parties’ Borrowers' sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Sed International Holdings Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining maintaining, and shipping any Collateral, all Taxes (other than Excluded Taxes) payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesBorrowers. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency agency, or other Person whatsoever, but the same shall be at the Credit PartiesBorrowers’ sole risk.

Appears in 1 contract

Samples: Loan and Security Agreement (Casella Waste Systems Inc)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any CollateralCollateral of a Loan Party, all Taxes payable with respect to any Collateral of a Loan Party (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any CollateralCollateral of a Loan Party, shall be borne and paid by the Credit Loan Parties. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable 159 care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but and the same shall be at the Credit Loan Parties’ sole risk.

Appears in 1 contract

Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)

Protection of Collateral. All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by the Collateral Agent to any Person to realize upon any Collateral, shall be borne and paid by the Credit PartiesGrantors. The Collateral Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in the Collateral Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at the Credit PartiesGrantors’ sole risk.

Appears in 1 contract

Samples: Security Agreement (Commercial Vehicle Group, Inc.)

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