Common use of Debtor Remains Liable Clause in Contracts

Debtor Remains Liable. Notwithstanding anything to the contrary contained herein, (a) Debtor shall remain liable under the contracts, agreements, documents and instruments 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, (b) the exercise by Secured Party of any of its rights or remedies hereunder shall not release Debtor from any of its duties or obligations under the contracts, agreements, documents and instruments included in the Collateral, and (c) Secured Party shall not have any indebtedness, liability or obligation under any of the contracts, agreements, documents and instruments included in the Collateral by reason of this Agreement, and Secured Party shall not be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 14 contracts

Samples: Pledge and Security Agreement (Karts International Inc), Pledge and Security Agreement (Karts International Inc), Pledge and Security Agreement (Karts International Inc)

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Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained hereinnotwithstanding, (a) the Debtor shall remain liable under the contracts, agreements, documents and instruments included any agreements which have been (in the Collateral to the extent set forth therein whole or in part) pledged or assigned herein to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, ; (b) the exercise by the Secured Party of any of its the rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts, any such agreements, documents and instruments included in the Collateral, ; and (c) the Secured Party shall not have any indebtedness, obligation or liability or obligation under any of the contracts, agreements, documents and instruments included in the Collateral such agreements by reason of this Agreement, and nor shall the Secured Party shall not be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 6 contracts

Samples: Secured Promissory Note and Security Agreement (Charlie's Holdings, Inc.), Secured Promissory Note and Security Agreement (Charlie's Holdings, Inc.), Security Agreement (Charlie's Holdings, Inc.)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained hereinnotwithstanding, (a) Debtor shall remain liable under the contracts, agreements, documents contracts and instruments 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, (b) the exercise by Administrative Lender or any Secured Party of any of its rights or remedies the Rights hereunder shall not release Debtor from any of its duties or obligations under the contracts, agreements, documents contracts and instruments agreements included in the Collateral, and (c) neither Administrative Lender nor any Secured Party shall not have any indebtedness, obligation or liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and nor shall Administrative Lender or any Secured Party shall not be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 3 contracts

Samples: Security Agreement (Itc Deltacom Inc), Security Agreement (Itc Deltacom Inc), Security Agreement (Itc Deltacom Inc)

Debtor Remains Liable. Notwithstanding anything to the contrary contained herein, (a) the Debtor shall remain liable under the contracts, agreements, documents and instruments 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, (b) the exercise by the Secured Party of any of its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts, agreements, documents and instruments included in the Collateral, and (c) the Secured Party shall not have any indebtedness, liability or obligation under any of the contracts, agreements, documents and instruments included in the Collateral by reason of this Agreement, and the Secured Party shall not be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 3 contracts

Samples: Security Agreement (ProsoftTraining), Security Agreement (Catalyst Master Fund Lp), Security Agreement (MGC Communications Inc)

Debtor Remains Liable. Notwithstanding anything to the contrary contained herein, (a) the Debtor shall remain liable under the contracts, agreements, documents contracts and instruments 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, (b) the exercise by the Secured Party of any of its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts, agreements, documents contracts and instruments agreements included in the Collateral, and (c) the Secured Party shall not have any indebtedness, obligation or liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and nor shall the Secured Party shall not be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Pledge Agreement (Quest Resource Holding Corp), Security Agreement (Isecuretrac Corp)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained hereinnotwithstanding, (ai) Debtor shall remain liable under the contracts, agreements, documents all contracts and instruments agreements included in the Collateral Secured Assets 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, (bii) the exercise by the Secured Party of any of its rights or remedies hereunder shall not release Debtor from any of its duties or obligations under the contracts, agreements, documents contracts and instruments agreements included in the CollateralSecured Assets, and (ciii) the Secured Party shall not have any indebtedness, obligation or liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and Secured Party shall not Assets or be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (Palatin Technologies Inc), Security Agreement (Epix Medical Inc)

Debtor Remains Liable. Notwithstanding anything to the contrary contained herein, (a) the Debtor shall remain liable under the contracts, agreements, documents contracts and instruments 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, (b) the exercise by the Secured Party of any of its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts, agreements, documents contracts and instruments agreements included in the Collateral, and (c) the Secured Party shall not have any indebtedness, obligation or liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and nor shall the Secured Party shall not be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (Global Election Systems Inc), California Facilities Security Agreement (Iasis Healthcare Corp)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained hereinnotwithstanding, (a) the Debtor shall remain liable under the contracts, agreements, documents contracts and instruments 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, (b) the exercise by Secured Party the Collateral Agent of any of its the rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts, agreements, documents contracts and instruments agreements included in the Collateral, and (c) neither the Collateral Agent nor any other Secured Party shall not have any indebtedness, obligation or liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and nor shall the Collateral Agent or any other Secured Party shall not be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (Pillowtex Corp), Security Agreement (Pillowtex Corp)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained herein, notwithstanding: (a) each Debtor shall remain liable under the contracts, agreements, documents any contracts and instruments agreements included in the Collateral to the extent set forth therein to perform all of its duties and such Debtor's obligations thereunder to the same extent as if this Agreement had not been executed, ; (b) the exercise by Secured Party of any of its rights or remedies hereunder shall not release any Debtor from any of its duties or obligations under the contracts, agreements, documents any contracts and instruments agreements included in the Collateral, ; and (c) Secured Party shall not have any indebtedness, liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and nor shall Secured Party shall not be obligated to perform or fulfill any of the obligations of any Debtor thereunder, including any obligation to make any inquiry as to the nature or duties sufficiency of any payment any Debtor thereunder may be entitled to receive thereunder, to present or file any claim, or to take any action to collect or enforce any claim for payment assigned hereunderthereunder.

Appears in 2 contracts

Samples: Credit Agreement (Integrated Electrical Services Inc), Security Agreement (Denali Inc)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained herein, notwithstanding: (a) the Debtor shall remain liable under the contracts, agreements, documents contracts and instruments 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, ; (b) the exercise by Secured Party of any of its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts, agreements, documents contracts and instruments agreements included in the Collateral, ; and (c) Secured Party shall not have any indebtedness, liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and nor shall Secured Party shall not be obligated to perform or fulfill any of the obligations of the Debtor thereunder, including any obligation to make any inquiry as to the nature or duties sufficiency of any payment the Debtor thereunder may be entitled to receive thereunder, to present or file any claim, or to take any action to collect or enforce any claim for payment assigned hereunderthereunder.

Appears in 1 contract

Samples: Pledge Agreement (Denali Inc)

Debtor Remains Liable. Notwithstanding anything to the --------------------- contrary contained herein, (a) the Debtor shall remain liable under the contracts, agreements, documents contracts and instruments 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, (b) the exercise by Secured Party the Collateral Agent of any of its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts, agreements, documents contracts and instruments agreements included in the Collateral, and (c) none of the Secured Party Parties shall not have any indebtedness, obligation or liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and nor shall any Secured Party shall not be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (Global Industrial Technologies Inc)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained hereinnotwithstanding, (a) Debtor shall remain liable under the any contracts, agreements, agreements and other documents and instruments 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 Security Agreement had not been executed, (b) the exercise by a Secured Party of any of its the rights or remedies hereunder shall not release Debtor from any of its duties or obligations under the such contracts, agreements, agreements and other documents and instruments included in the Collateral, and (c) a Secured Party shall not have any indebtedness, obligation or liability or obligation under any of the contracts, agreements, agreements and other documents and instruments included in the Collateral by reason of this Security Agreement, and nor shall the Secured Party shall not be obligated to perform any of the obligations or duties of Debtor 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 (Neoprobe Corp)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained hereinnotwithstanding, (ai) each Debtor shall remain liable under the any contracts, agreements, agreements and other documents and instruments 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, (bii) the exercise by Secured Party of any of its the rights or remedies hereunder shall not release any Debtor from any of its duties or obligations under the such contracts, agreements, agreements and other documents and instruments included in the Collateral, and (ciii) Secured Party shall not have any indebtedness, no obligation or liability or obligation under any of the contracts, agreements, agreements and other documents and instruments included in the Collateral by reason of this Agreement, and nor shall Secured Party shall not be obligated to perform any of the obligations or duties of any Debtor 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 (Planar Systems Inc)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained hereinnotwithstanding, (a) Debtor shall remain liable under the contracts, agreements, documents contracts and instruments 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, (b) the exercise by Administrative Agent or any Secured Party of any of its rights or remedies the Rights hereunder shall not release Debtor from any of its duties or obligations under the contracts, agreements, documents contracts and instruments agreements included in the Collateral, and (c) neither Administrative Agent nor any Secured Party shall not have any indebtedness, obligation or liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and nor shall Administrative Agent or any Secured Party shall not be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (World Access Inc /New/)

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Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained herein, notwithstanding: (a) Debtor shall remain liable under the contracts, agreements, documents contracts and instruments 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, ; (b) the exercise by Secured Party of any of its the rights or remedies hereunder shall not release Debtor from any of its duties or obligations under the contracts, agreements, documents contracts and instruments agreements included in the Collateral, and ; (c) neither Secured Party nor any Fund shall not have any indebtedness, obligation or liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and nor shall Secured Party shall not or any Fund be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder; and (d) neither Secured Party nor any Fund shall have any liability in contract or tort for Debtor's acts or omissions.

Appears in 1 contract

Samples: Security Agreement (Zix Corp)

Debtor Remains Liable. Notwithstanding anything to the contrary contained herein, (a) Debtor shall remain liable under the contracts, . agreements, documents and instruments 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, (b) the exercise by Secured Party of any of its rights or remedies hereunder shall not release Debtor from any of its duties or obligations under the contracts, agreements, documents and instruments included in the Collateral, and (c) Secured Party shall not have any indebtedness, liability or obligation under any of the contracts, agreements, documents and instruments included in the Collateral by reason of this Agreement, and nor shall Secured Party shall not be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Sielox Inc)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained herein, notwithstanding: (a) the --------------------- Debtor shall remain liable under the contracts, agreements, documents contracts and instruments 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, ; (b) the exercise by Secured Party of any of its rights or remedies hereunder shall not release Debtor from any of its duties or obligations under the contracts, agreements, documents contracts and instruments agreements included in the Collateral, ; and (c) Secured Party shall not have any indebtedness, liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and nor shall Secured Party shall not be obligated to perform or fulfill any of the obligations of the Debtor thereunder, including any obligation to make any inquiry as to the nature or duties sufficiency of any payment Debtor thereunder may be entitled to receive thereunder, to present or file any claim, or to take any action to collect or enforce any claim for payment assigned hereunderthereunder.

Appears in 1 contract

Samples: Credit Agreement (Coinstar Inc)

Debtor Remains Liable. Notwithstanding anything contained herein to the contrary contained hereincontrary, (a) the Debtor shall remain liable under the contracts, agreements, documents contracts and instruments agreements included in the Collateral 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, (b) the exercise by the Secured Party of any of its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts, agreements, documents con­tracts and instruments agreements included in the Collateral, and (c) the Secured Party shall not have any indebtedness, no obligation or liability or obligation under any of the contracts, agreements, documents contracts and instruments agreements included in the Collateral by reason of this Agreement, and nor shall the Secured Party shall not be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Interactive Brand Development Inc.)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained hereinnotwithstanding, (ai) the Debtor shall remain liable under the contracts, agreements, documents and instruments included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder under the transactions giving rise to the Collateral to the same extent as if this Security Agreement had not been executed, (bii) the exercise by the Secured Party of any of its the rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts, agreements, documents and instruments included in transactions giving rise to the Collateral, which shall remain unchanged as if this Security Agreement had not been executed, and (ciii) the Secured Party shall not have any indebtedness, no obligation or liability or obligation under any of the contracts, agreements, documents and instruments included in transactions giving rise to the Collateral by reason of this Security Agreement, and nor shall Secured Party shall not be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Allied Devices Corp)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained hereinnotwithstanding, (ai) each Debtor shall remain liable under the any contracts, agreements, agreements and other documents and instruments 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, (bii) the exercise by the Secured Party of any of its the rights or remedies hereunder shall not release any Debtor from any of its duties or obligations under the such contracts, agreements, agreements and other documents and instruments included in the Collateral, and (ciii) the Secured Party shall not have any indebtedness, no obligation or liability or obligation under any of the contracts, agreements, agreements and other documents and instruments included in the Collateral by reason of this Agreement, and nor shall the Secured Party shall not be obligated to perform any of the obligations or duties of any Debtor 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 (Elandia, Inc.)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary contained hereinnotwithstanding, (ai) Debtor shall remain liable under the any contracts, agreements, agreements and other documents and instruments 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 the Security Agreement had not been executed, (bii) the exercise by any Secured Party of any of its the rights or remedies hereunder shall not release Debtor from any of its duties or obligations under the such contracts, agreements, agreements and other documents and instruments included in the Collateral, Collateral and (ciii) no Secured Party shall not have any indebtedness, obligation or liability or obligation under any of the contracts, agreements, agreements and other documents and instruments included in the Collateral by reason of this the Security Agreement, and not shall any Secured Party shall not be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or to enforce any claim for payment assigned such contract, agreement or other document included in the Collateral hereunder.

Appears in 1 contract

Samples: Security Agreement (Aspeon Inc)

Debtor Remains Liable. Notwithstanding anything to the --------------------- contrary contained herein, (a) the Debtor shall remain liable under the contracts, agreements, documents and instruments 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, (b) the exercise by the Secured Party of any of its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts, agreements, documents and instruments included in the Collateral, and (c) the Secured Party shall not have any indebtedness, liability or obligation under any of the contracts, agreements, documents and instruments included in the Collateral by reason of this Agreement, and the Secured Party shall not be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Prosofttraining Com)

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