Common use of The Agent's and Lenders' Rights, Duties and Liabilities Clause in Contracts

The Agent's and Lenders' Rights, Duties and Liabilities. (a) The Grantor assumes all responsibility and liability arising from or relating to the use, sale, license or other disposition of the Collateral. The Obligations shall not be affected by any failure of the Agent or any Lender to take any steps to perfect the Agent's Liens or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Grantor from any of the Obligations. Following the occurrence and during the continuation of an Event of Default, the Agent may (but shall not be required to), and at the direction of the Required Lenders shall, without notice to or consent from the Grantor, xxx upon or otherwise collect, extend the time for payment of, modify or amend the terms of, compromise or settle for cash, credit, or otherwise upon any terms, grant other indulgences, extensions, renewals, compositions, or releases, and take or omit to take any other action with respect to the Collateral, any security therefor, any agreement relating thereto, any insurance applicable thereto, or any Person liable directly or indirectly in connection with any of the foregoing, without discharging or otherwise affecting the liability of the Grantor for the Obligations or under the Credit Agreement or any other agreement now or hereafter existing between the Agent and/or any Lender and the Grantor.

Appears in 1 contract

Samples: Security Agreement (3com Corp)

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The Agent's and Lenders' Rights, Duties and Liabilities. (a) The Grantor Each Borrower assumes all responsibility and liability arising from or relating to the use, sale, license sale or other disposition of the Collateral, except to the extent such liability is finally determined by a court of competent jurisdiction to have resulted from acts or omissions on the part of the Agent or any Lender constituting gross negligence or willful misconduct. The Obligations shall not be affected by any failure of the Agent or any Lender to take any steps to perfect the Agent's Liens or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Grantor any Borrower from any of the Obligations. Following the occurrence and during the continuation of an Event of Default, the Agent may (but shall not be required to), and at the direction of the Required Majority Lenders shall, without notice to or consent from the Grantorany Borrower, xxx upon sue xxxn or otherwise collect, extend the time for payment of, modify or amend the terms of, compromise or settle for cash, credit, or otherwise upon any terms, grant other indulgences, extensions, renewals, compositions, or releases, and take or omit to take any other action with respect to the Collateral, any security therefor, any agreement relating thereto, any insurance applicable thereto, or any Person liable directly or indirectly in connection with any of the foregoing, without discharging or otherwise affecting the liability of the Grantor any Borrower for the Obligations or under the Credit this Agreement or any other agreement now or hereafter existing between the Agent and/or any Lender and the Grantorany Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Acme Metals Inc /De/)

The Agent's and Lenders' Rights, Duties and Liabilities. (a) The Each Grantor assumes all responsibility and liability arising from or relating to the use, sale, license sale or other disposition of the Collateral, except for such liability resulting from the gross negligence or willful misconduct of either of the Co-Agents or any Lender. The Obligations shall not be affected by any failure of the Agent or any Lender to take any steps to perfect the Agent's Liens or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral or Equipment release the any Grantor from any of the Obligations. Following the occurrence and during the continuation of an Event of Default, the Agent may (but shall not be required to), and at the direction of the Required Lenders shall, without notice to or consent from the any Grantor, xxx upon or otherwise collect, extend the time for payment of, modify or amend the terms of, compromise or settle for cash, credit, or otherwise upon any terms, grant other indulgences, extensions, renewals, compositions, or releases, and take or omit to take any other action with respect to the CollateralCollateral and Equipment, any security therefor, any agreement relating thereto, any insurance applicable thereto, or any Person liable directly or indirectly in connection with any of the foregoing, without discharging or otherwise affecting the liability of the any Grantor for the Obligations or under the Credit Agreement or any other agreement now or hereafter existing between the Agent and/or any Lender and the any Grantor.

Appears in 1 contract

Samples: Security Agreement (Unova Inc)

The Agent's and Lenders' Rights, Duties and Liabilities. (a) The Grantor Each Borrower assumes all responsibility and liability arising from or relating to the use, sale, license sale or other disposition of the Collateral, except to the extent of gross negligence or willful misconduct on the part of the Agent or any Lender. The Obligations shall not be affected by any failure of the Agent or any Lender to take any steps to perfect the Agent's Liens or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Grantor any Borrower from any of the Obligations. Following the occurrence and during the continuation of an Event of Default, the Agent may (but shall not be required to), and at the direction of the Required Lenders shall, without notice to or consent from the Grantorany Borrower, xxx sue upon or otherwise collect, extend the time for payment of, modify xodify or amend the terms of, compromise or settle for cash, credit, or otherwise upon any terms, grant other indulgences, extensions, renewals, compositions, or releases, and take or omit to take any other action with respect to the Collateral, any security therefor, any agreement relating thereto, any insurance applicable thereto, or any Person liable directly or indirectly in connection with any of the foregoing, without discharging or otherwise affecting the liability of the Grantor any Borrower for the Obligations or under the Credit this Agreement or any other agreement now or hereafter existing between the Agent and/or any Lender and the Grantorany Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Worldtex Inc)

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The Agent's and Lenders' Rights, Duties and Liabilities. (a) The Each Grantor assumes all responsibility and liability arising from or relating to the use, sale, license sale or other disposition of the Collateral, except for such liability resulting from the gross negligence or willful misconduct of the Agent or any Lender. The Obligations shall not be affected by any failure of the Agent or any Lender to take any steps to perfect the Agent's Liens or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral or Equipment release the any Grantor from any of the Obligations. Following the occurrence and during the continuation of an Event of Default, the Agent may (but shall not be required to), and at the direction of the Required Majority Lenders shall, without notice to or consent from the any Grantor, xxx upon or otherwise collect, extend the time for payment of, modify or amend the terms of, compromise or settle for cash, credit, or otherwise upon any terms, grant other indulgences, extensions, renewals, compositions, or releases, and take or omit to take any other action with respect to the CollateralCollateral and Equipment, any security therefor, any agreement relating thereto, any insurance applicable thereto, or any Person liable directly or indirectly in connection with any of the foregoing, without discharging or otherwise affecting the liability of the any Grantor for the Obligations or under the Credit Loan Agreement or any other agreement now or hereafter existing between the Agent and/or any Lender and the any Grantor.

Appears in 1 contract

Samples: Security Agreement (Unova Inc)

The Agent's and Lenders' Rights, Duties and Liabilities. (a) The Grantor assumes Credit Parties assume all responsibility and liability arising from or relating to the use, sale, license or other disposition of the Collateral. The Obligations shall not be affected by any failure of the Agent or any Lender to take any steps to perfect the Agent's Liens or to collect or realize upon the Collateral, nor shall loss of or damage to the Collateral release the Grantor Borrower or any other Credit Party from any of the Obligations. Following the occurrence and during the continuation of an Event of Default, the Agent may (but shall not be required to), and at the direction of the Required Lenders shall, without notice to or consent from the GrantorCredit Parties, xxx upon or otherwise collect, extend the time for payment of, modify or amend the terms of, compromise or settle for cash, credit, or otherwise upon any terms, grant other indulgences, extensions, renewals, compositions, or releases, and take or omit to take any other action with respect to the Collateral, any security therefor, any agreement relating thereto, any insurance applicable thereto, or any Person liable directly or indirectly in connection with any of the foregoing, without discharging or otherwise affecting the liability of the Grantor Credit Parties for the Obligations or under the Credit Agreement or any other agreement now or hereafter existing between the Agent and/or any Lender and the GrantorBorrower and any other Credit Party, provided, however, that any amounts received pursuant to any actions taken pursuant to this Section 17(a) shall be credited, net of costs of collection, to the Obligations in accordance with the terms of the Credit Agreement.

Appears in 1 contract

Samples: Security Agreement (Applica Inc)

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