Common use of Grantors Remain Liable Clause in Contracts

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any contracts and agreements included in such Grantor’s Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security 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 Collateral Agent of any of the rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral and (c) no Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement or any other Security Document, nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any contracts contracts, agreements and agreements other documents included in such Grantor’s Collateral (including, with respect to Security the Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security 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, (b) the exercise by the Collateral Administrative Agent of any of the rights granted to the Administrative Agent hereunder shall not release any Grantor from any of its duties or obligations under the contracts any such contracts, agreements and agreements other documents included in the Collateral Collateral, and (c) no neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under the contracts any such contracts, agreements and agreements other documents included in the Collateral by reason of this Agreement Agreement, nor shall the Administrative Agent or any other Security Document, nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor 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.

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable under any contracts and agreements included in such Grantor’s Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security Collateral) to the extent set forth therein to perform all of its duties and obligations thereunder under the leases, instruments, contracts and agreements included in the Collateral to the same extent as if this Agreement had not been executed, (b) the exercise by the Collateral Administrative Agent or any other Secured Party of any of the rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral and Collateral, (c) no neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under the leases, instruments, contracts and agreements included in the Collateral by reason of this Agreement Agreement, nor shall the Administrative Agent or any other Security Document, nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder, and (d) neither the Administrative Agent nor any other Secured Party shall have any liability in contract or tort for any Grantor’s acts or omissions.

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable under any the contracts and agreements included in such Grantor’s the Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security Collateral) to the extent set forth therein to perform all of its duties and obligations thereunder (including, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable) to the same extent as if this Agreement had not been executed, (b) the exercise by the Collateral Administrative Agent of any of the rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral and (including, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable), (c) no neither the Administrative Agent nor any Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement (including, without limitation, any obligations or liabilities as a partner or member of any other Security DocumentPartnership/LLC), nor shall the Administrative Agent or any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder, and (d) neither the Administrative Agent nor any Secured Party shall have any liability in contract or tort for any Grantor’s acts or omissions.

Grantors Remain Liable. Anything contained herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any the contracts and agreements included in such Grantor’s the Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued it is a party or by which sets out obligations with respect to Security Collateral) it is bound to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement Agreement, the FAA Security Documents and each other Security Document had not been executed, (b) the exercise by the Collateral Agent Security Trustee of any of the its rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral to which it is a party or by which it is bound, and (c) no Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement Agreement, any FAA Security Document or any other Security Document, Document nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder under the contracts and agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned hereunderunder this Agreement.

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any the contracts and agreements included in such Grantor’s the Intellectual Property Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security Collateral) it is a party 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 Collateral Administrative Agent of any of the rights or remedies hereunder shall not release any Grantor from any of its duties or obligations under any of the contracts and agreements included in the Collateral Intellectual Property Collateral, and (c) no neither the Administrative Agent nor any Secured Party shall have any obligation or liability under any of the contracts and agreements included in the Intellectual Property Collateral by reason of this Agreement or any other Security DocumentAgreement, nor shall the Administrative Agent or any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any the contracts and agreements Exhibit B – Form of Pledge and Security Agreement included in such Grantor’s the Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security Collateral) to the extent set forth therein to therein, and will perform all of its duties and obligations thereunder under such contracts and agreements to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Collateral Administrative Agent of any of the its rights hereunder shall not release any Grantor from any of its duties or obligations under the any such contracts and or agreements included in the Collateral Collateral, and (c) no neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under the any contracts and or agreements included in the Collateral by reason of this Agreement or any other Security DocumentAgreement, nor shall the Administrative Agent nor any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any contracts and agreements included in such Grantor’s Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security 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 Collateral Agent of any of the rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral and (c) no Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement or any other Security Document, nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.. Exhibit D Third Amended and Restated Credit Agreement

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any the contracts and agreements included in such Grantor’s Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security 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, (b) the exercise by the Collateral Agent Trustees of any of the rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Dynegy Security Agreement 13 Collateral and (c) no none of the Collateral Trustees, any Representative or any Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Security Agreement or any other Security Loan Document, nor shall any of the Collateral Trustees, any Representative or any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunderhereunder or thereunder.

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any the contracts and agreements included in such Grantor’s the Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security Collateral) to the extent set forth therein to therein, and shall perform all of its duties and obligations thereunder under such contracts and agreements, to the same extent as if this Agreement had not been executed, ; (b) the exercise by the Collateral Agent of any of the its rights hereunder shall not release any Grantor from any of its duties or obligations under the any contracts and agreements included in the Collateral Collateral; and (c) no neither the Collateral Agent nor any other Secured Party shall have any obligation or liability under the any such contracts and or agreements included in the Collateral by reason of this Agreement Agreement, nor shall the Collateral Agent or any other Security Document, nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder, unless the Collateral Agent shall have agreed to assume the obligations of such Grantor thereunder.

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any the contracts and agreements included in such Grantor’s 's Shared Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security Collateral) to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Second Lien Shared Security Agreement had not been executed, (b) the exercise by the Collateral Agent Trustee of any of the rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Shared Collateral and (c) no none of the Collateral Trustee or any Secured Party shall have any obligation or liability under the contracts and agreements included in the Shared Collateral by reason of this Second Lien Shared Security Agreement or any other Security Indenture Document, nor shall any of the Collateral Trustee or any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunderhereunder or thereunder.

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any contracts contracts, agreements and agreements other documents included in such Grantor’s Collateral (including, with respect to Security the Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security 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, (b) the exercise by the Collateral Administrative Agent of any of the rights granted to the Administrative Agent hereunder shall not release any Grantor from any of its duties or obligations under the contracts any such contracts, agreements and agreements other documents included in the Collateral Collateral, and (c) no neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under the contracts any such contracts, agreements and agreements other documents included in the Collateral by reason of this Agreement Agreement, nor shall the Administrative Agent or any other Security Document, nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor 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.. NY-2366651

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any the contracts and agreements included in such Grantor’s 's Shared Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security Collateral) to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Shared Security Agreement had not been executed, (b) the exercise by the Collateral Agent Trustees of any of the rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Shared Collateral and (c) no none of the Collateral Trustees, any Representative or any Shared Secured Party shall have any obligation or liability under the contracts and agreements included in the Shared Collateral by reason of this Shared Security Agreement or any other Security Loan Document, nor shall any of the Collateral Trustees, any Representative or any Shared Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunderhereunder or thereunder.

Grantors Remain Liable. Anything contained herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any the contracts and agreements included in such Grantor’s the Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued it is a party or by which sets out obligations with respect to Security Collateral) it is bound to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement Agreement, the Engine Mortgages and the Lease Security Assignments had not been executed, (b) the exercise by the Collateral Agent Security Trustee of any of the its rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral to which it is a party or by which it is bound, and (c) no Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement Agreement, the Engine Mortgages or any other the Lease Security DocumentAssignments, nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder under the contracts and agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned hereunderunder this Agreement.

Grantors Remain Liable. Anything contained herein to the contrary notwithstanding, (a) each Grantor shall remain liable under any the contracts and agreements included in such Grantor’s the Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued it is a party or by which sets out obligations with respect to Security Collateral) it is bound to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement Agreement, the FAA Security Documents and each other Security Document had not been executed, (b) the exercise by the Collateral Agent Security Trustee of any of the its rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral to which it is a party or by which it is bound, and (c) no Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement Agreement, any FAA Security Document or any other Security Document, Document nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder under the contracts and agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned hereunder.under this Agreement. Section 2.04

Grantors Remain Liable. The Security Interest is granted as security only and shall not subject the Administrative Agent or any other Secured Party to, or in any way alter or modify, any obligation or liability of any Grantor with respect to or arising out of the Collateral. Anything herein to the contrary notwithstanding, (ai) each Grantor shall remain liable under any contracts and agreements Contracts included in such Grantor’s Collateral (including, with respect to Security the Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security 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 Collateral Administrative Agent of any of the rights granted to the Administrative Agent hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements any such Contracts included in the Collateral Collateral, and (ciii) no neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under the contracts and agreements any such Contracts included in the Collateral by reason of this Agreement Agreement, nor shall the Administrative Agent or any other Security Document, nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereundersuch Contract included in the Collateral.

Grantors Remain Liable. The Security Interest is granted as security only and shall not subject the Administrative Agent or any other Secured Party to, or in any way alter or modify, any obligation or liability of any Grantor with respect to or arising out of the Collateral. Anything herein to the contrary notwithstanding, (ai) each Grantor shall remain liable under any contracts and agreements Contracts included in such Grantor’s Collateral (including, with respect to Security the Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security 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 Collateral Administrative Agent of any of the rights granted to the Administrative Agent hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements any such Contracts included in the Collateral and (ciii) no neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under the contracts and agreements any such Contracts included in the Collateral by reason of this Agreement Agreement, nor shall the Administrative Agent or any other Security Document, nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereundersuch Contract included in the Collateral.

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable under any the contracts and agreements included in such Grantor’s the Collateral (including, with respect to Security Collateral, any obligations under limited liability company agreements, limited partnership agreements and any other organizational or constituent documents pursuant to which Pledged Equity has been issued or which sets out obligations with respect to Security 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 Collateral Administrative Agent or any other Secured Party of any of the its rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral and Collateral, (c) no neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement Agreement, nor shall the Administrative Agent or any other Security Document, nor shall any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder, and (d) neither the Administrative Agent nor any other Secured Party shall have any liability in contract or tort for any Grantor’s acts or omissions.