Common use of Borrower Remains Liable Clause in Contracts

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (i) Borrower shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (ii) the exercise by the Agent or the Banks of any rights under this Agreement or any of the other Loan Documents shall not release Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, and (iii) neither the Agent nor the Banks shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents nor shall the Agent or any Bank be obligated to perform any of the obligations or duties of Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 3 contracts

Samples: Loan Agreement (Medallion Financial Corp), Security Agreement (Medallion Financial Corp), Security Agreement (Medallion Financial Corp)

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Borrower Remains Liable. Anything herein to the contrary notwithstanding, (i) the Borrower shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (ii) the exercise by the Collateral Agent or the Banks of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, Collateral and (iii) neither the Agent any Lender Party nor the Banks Collateral Agent shall (x) have any obligation or liability to perform any of the obligations or duties of the Borrower under the contracts and agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents nor shall the Agent or any Bank (y) be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunderthereunder.

Appears in 2 contracts

Samples: Facility and Security Agreement (Dynegy Inc.), Facility and Security Agreement (Dynegy Holdings Inc)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (i) Borrower shall remain liable under the all contracts and agreements included in the Collateral Collateral, to the extent set forth therein therein, to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (ii) the exercise by the Agent or the Banks Lenders of any of their rights under this Agreement or any of the other Loan Documents hereunder shall not release Borrower from any of its duties or obligations under any of the contracts and agreements included in the Collateral, and (iii) neither the Agent nor the Banks Lenders shall not have any obligation or liability under any of the contracts and agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank Lenders be obligated to perform any of the obligations or duties of Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Exabyte Corp /De/), Loan and Security Agreement (Exabyte Corp /De/)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ia) the Borrower shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Agent or on behalf of the Banks of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, and (iiic) neither the Agent nor the Banks any Bank shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (Smithfield Foods Inc), Security Agreement (Smithfield Foods Inc)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ia) Borrower shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its the duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Agent or the Banks Lender of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release Borrower from any of its duties or obligations under the such contracts and agreements included in the Collateral, and (iiic) neither the Agent nor the Banks Lender shall not have any obligation or liability under the such contracts and agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank Lender be obligated to perform any of the obligations or duties of Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Credit and Security Agreement (Triangle Petroleum Corp), Credit and Security Agreement (U.S. Well Services, LLC)

Borrower Remains Liable. Anything herein to the contrary notwithstandingIf any Collateral consists of contracts or agreements, (ia) the Borrower shall remain liable under the such contracts and or agreements included in the Collateral to the extent set forth therein to perform all of its the Borrower's duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Agent or the Banks Bank of any of its rights under this Agreement or any of the other Loan Documents shall not release the Borrower from any of its the Borrower's duties under any such contracts or obligations under the contracts and agreements included in the Collateralagreements, and (iiic) neither the Agent nor the Banks Bank shall not have any obligation or liability under the such contracts and or agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (Tortoise North American Energy Corp), Security Agreement (Tortoise Energy Capital Corp)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ia) the Borrower shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its respective duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Agent or the Banks of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release the Borrower from any of its respective duties or obligations under the contracts and agreements included in the Collateral, and (iiic) neither the Agent nor the Banks Lenders shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank the Lenders be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (Sonic Automotive Inc), Security Agreement (Sonic Automotive Inc)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ia) Borrower shall remain liable under the contracts and agreements included in the Collateral Indebtedness to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Agent or the Banks Lender of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, Indebtedness and (iiic) neither the Agent nor the Banks Lender shall not have any obligation or liability under the contracts and agreements included in the Collateral Indebtedness by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank Lender be obligated to perform any of the obligations or duties of Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ia) the Borrower shall remain liable under the contracts and agreements included in the Collateral all Assigned Agreements, to the extent set forth therein therein, to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Agent or the Banks Lender of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateralsuch Assigned Agreements, and (iiic) neither the Agent nor the Banks Lender shall not have any obligation or liability under the contracts and agreements included in the Collateral any Assigned Agreements by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank Lender be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned such contract, agreement or other document included in the Collateral hereunder.

Appears in 1 contract

Samples: General Security Agreement (Physicians Formula Holdings, Inc.)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (i) the Borrower shall remain liable under the contracts any contracts, agreements and agreements other documents included in the Collateral Collateral, to the extent set forth therein therein, to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (ii) the exercise by the Agent or the Banks of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts such contracts, agreements and agreements other documents included in the Collateral, and (iii) neither the Agent nor the Banks shall not have any obligation or liability under the contracts any contracts, agreements and agreements other documents included in the Collateral by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned such contract, agreement or other document included in the Collateral hereunder.

Appears in 1 contract

Samples: Security Agreement (California Microwave Inc)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ia) the Borrower shall remain liable under the contracts and agreements included in the Collateral all Assigned Agreements, to the extent set forth therein therein, to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Agent or the Banks Lenders of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateralsuch Assigned Agreements, and (iiic) neither the Agent nor the Banks Lenders shall not have any obligation or liability under the contracts and agreements included in the Collateral any Assigned Agreements by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank Lenders be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned such contract, agreement or other document included in the Borrower Collateral hereunder.

Appears in 1 contract

Samples: General Security Agreement (Cardero Resource Corp.)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, : (ia) Borrower shall remain liable under the contracts and agreements included in the Collateral Governing Documents to the extent set forth therein to and shall perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, ; (iib) the exercise by the Agent or the Banks Lender of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release Borrower from any of its duties or obligations under any of the contracts and agreements included in the Collateral, Governing Documents; and (iiic) neither the Agent nor the Banks Lender shall not have any obligation or liability under any of the contracts and agreements included in the Collateral Governing Documents by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank Lender be obligated to perform any of the obligations or duties of Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder; provided that, upon foreclosure thereof, Lender and any other transferee of the Collateral shall take the same subject to the Governing Documents.

Appears in 1 contract

Samples: Pledge and Security Agreement (TNP Strategic Retail Trust, Inc.)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (il) the Borrower shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Security Agreement had not been executed, (ii2) the exercise by the Collateral Agent for its own account or the Banks on behalf of any rights under this Agreement or any of the other Loan Documents Lenders of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, and (iii( 3 ) neither the Collateral Agent nor the Banks any Lender shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents Security Agreement, nor shall the Collateral Agent or any Bank Lender be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (JLM Industries Inc)

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Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ia) Borrower shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Security Agreement had not been executed, (iib) the exercise by the Agent or the Banks any Bank of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, and (iiic) neither the Agent nor the Banks any Bank shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents Security Agreement, nor shall the Agent or any Bank be obligated to perform any of the obligations or duties of Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Credit Agreement (Boundless Corp)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (i) the Borrower shall remain liable under the contracts and agreements included in the Collateral all Pledged Agreements, to the extent set forth therein therein, to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (ii) the exercise by the Collateral Agent or the Banks of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateralsuch Pledged Agreements, and (iii) neither the Collateral Agent nor the Banks shall not have any obligation or liability under the contracts and agreements included in the Collateral any Pledged Agreements by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Collateral Agent or any Bank be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned such contract, agreement or other document included in the Collateral hereunder.

Appears in 1 contract

Samples: Security Agreement (Solyndra, Inc.)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (i) the Borrower shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its respective duties and obligations thereunder to the same extent as if this Agreement had not been executed, (ii) the exercise by the Agent or the Banks of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release the Borrower from any of its respective duties or obligations under the contracts and agreements included in the Collateral, and (iii) neither the Agent nor the Banks Lenders shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank the Lenders be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Sonic Automotive Inc)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ia) Borrower Assignors shall remain liable under the contracts and agreements included in the Collateral Partnership Agreement to the extent set forth therein to perform all of its their duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Agent or the Banks Lender of any rights under this Agreement or any of the other Loan Documents rights hereunder shall not release Borrower Assignors from any of its their duties or obligations under the contracts and agreements included in the CollateralPartnership Agreement, and (iiic) neither the Agent nor the Banks except as expressly provided herein, Lender shall not have any obligation or liability under the contracts and agreements included in the Collateral Partnership Agreement by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank Lender be obligated to perform any of the obligations or duties of Assignor or Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Assignment and Pledge Agreement (American Radio Systems Corp /Ma/)

Borrower Remains Liable. Anything herein Notwithstanding anything to the contrary notwithstandingcontained herein, (ia) Borrower and each other Obligated Party shall remain liable under the Approved Servicing Agreement, contracts and other agreements to which such Person is a party and which are included in the Collateral to the extent set forth therein to and shall perform all of its respective duties and obligations thereunder to the same extent as if this Agreement had not been executed, and (iib) the exercise by the Agent or the Banks of any rights under this Agreement or any of the other Loan Documents Bank shall not release Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, and (iii) neither the Agent nor the Banks shall have any obligation or liability under any of the Approved Servicing Agreement, contracts and other agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank be obligated to perform any of the obligations or duties of Borrower or any other Obligated Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Western Alliance Bank Loan and Security Agreement (AmeriHome, Inc.)

Borrower Remains Liable. Anything herein Notwithstanding anything to the contrary notwithstandingcontained herein, (ia) the Borrower shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Administrative Agent or the Banks of any of its rights under this Agreement or any of the other Loan Documents hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, and (iiic) neither the Administrative Agent nor the Banks any Lender shall have any obligation or liability under any of the contracts and agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Administrative Agent or any Bank Lender be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Borrower Security Agreement (Prime Medical Services Inc /Tx/)

Borrower Remains Liable. Anything herein to the contrary notwithstandingIf any Collateral consists of contracts or agreements, (ia) the Borrower shall remain liable under the such contracts and or agreements included in the Collateral to the extent set forth therein to perform all of its the Borrower's duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Agent or the Banks Bank of any of its rights under this Agreement or any of the other Loan Documents shall not release the Borrower from any of its the Borrower's duties under any such contracts or obligations under the contracts and agreements included in the Collateralagreements, and (iiic) neither the Agent nor the Banks Bank shall have any no obligation or liability under the such contracts and or agreements included in the Collateral by reason of this Agreement or any of the other Loan Documents Agreement, nor shall the Agent or any Bank be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (LIVE VENTURES Inc)

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