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 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; (b) the exercise by the 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; (c) neither the Administrative Agent nor any Lender shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Administrative Agent nor any Lender 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 Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 3 contracts

Samples: Security Agreement (Body Central Acquisition Corp), Security Agreement (Body Central Acquisition Corp), Security Agreement (Body Central Acquisition Corp)

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Grantors Remain Liable. Anything herein to the contrary notwithstanding: , prior to a foreclosure or other action which results in none of Grantors maintaining any title or interest in such Collateral and subject to the terms of this Agreement, (ai) each Grantor Grantors 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 their respective (or joint and several) duties and obligations thereunder to the same extent as if this Agreement had not been executed; , (bii) the exercise by the Administrative Agent of any of the rights hereunder shall not release any Grantor Grantors from any of its their respective (or joint and several) duties or obligations under the contracts such contracts, agreements, and agreements other documents included in the Collateral; , and (ciii) neither the Administrative Agent nor any other Lender Party shall have any obligation or liability under the contracts any contracts, agreements, and agreements other documents included in the Collateral by reason of this Agreement, nor shall the Administrative Agent nor or any other Lender Party be obligated to perform any of the obligations or duties of any Grantor or all Grantors 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; and (d) neither the Administrative Agent nor any Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 2 contracts

Samples: Security Agreement (Hispanic Express Inc), Security Agreement (Central Financial Acceptance Corp)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: (a) each Grantor 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; , (b) the exercise by the 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; , (c) neither the Administrative Agent nor any Lender shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Administrative Agent nor or any Lender 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 Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 2 contracts

Samples: Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: (a) each Grantor shall remain liable to perform all of its duties and obligations 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; , (b) the exercise by the 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; , (c) neither the Administrative Agent nor any Lender shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Administrative Agent nor or any Lender 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 Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 2 contracts

Samples: Credit Agreement (Hhgregg, Inc.), Collateral Agreement (Hhgregg, Inc.)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: , (a) each Grantor Grantors shall remain solely liable under the contracts and agreements included in the Collateral 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; , (b) the exercise by the Administrative Agent Secured Parties of any of the their rights hereunder shall not release any Grantor the Grantors from any of its their duties or obligations under the contracts and agreements included in the Collateral; , and (c) neither the Administrative Agent nor any Lender Secured Parties shall have any no responsibility, obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Administrative Agent nor Secured Parties be required or obligated, in any Lender be obligated manner, to (i) perform or fulfill any of the obligations or duties of the Grantors thereunder, (ii) make any Grantor thereunder payment, or make any inquiry as to the nature or sufficiency of any payment received by the Grantors or the sufficiency of any performance by any party under any such contract or agreement or (iii) present or file any claim, or take any action to collect or enforce any claim for payment assigned hereunder; and (d) neither the Administrative Agent nor any Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 2 contracts

Samples: Security Agreement (Aegis Consumer Funding Group Inc), Security Agreement (Aegis Consumer Funding Group Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: , (a) each Grantor the Grantors shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its their respective duties and obligations thereunder to the same extent as if this Security Agreement had not been executed; , (b) the exercise by the Administrative Agent or any Lender of any of the its rights hereunder shall not release any Grantor the Grantors from any of its their respective duties or obligations under the contracts and agreements included in the Collateral; , and (c) neither the Administrative Agent nor any Lender shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, Security Agreement nor shall the Administrative Agent nor any Lender be obligated to perform any of the obligations or duties of any Grantor the Grantors thereunder or to take any action action, to collect or enforce any claim for payment assigned hereunder; and hereunder (d) neither the Administrative Agent nor including under any Lender shall have any liability in contract or tort for any Grantor’s acts or omissionsEligible Asset).

Appears in 1 contract

Samples: Security Agreement (Trinity Capital Inc.)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: (a) each Grantor shall remain liable to perform all of its duties and obligations 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; , (b) the exercise by the 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; , (c) neither the Administrative Agent nor any Lender shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Administrative Agent nor any Lender 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 Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Collateral Agreement (Consolidated Communications Holdings, Inc.)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: , (a) each Grantor shall remain liable under the contracts and agreements included in the such Grantor’s 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 Administrative 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; Collateral and (c) neither the Administrative Agent nor any Lender no Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, the Indenture, the Notes, the Intercreditor Agreement or the Subsidiary Guaranties (collectively, the “Note Documents”), nor shall the Administrative Agent nor any Lender 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 Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Second Lien Security Agreement (Universal Hospital Services Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: (a) each Grantor 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; , (b) the exercise by the 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; , (c) neither the Administrative Agent nor any Lender shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Administrative Agent nor or any Lender 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 Lender shall have any liability in contract or tort for any Grantor’s 's acts or omissions.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: , (a) each Grantor shall remain liable under the contracts and agreements included in the such Grantor's Intellectual Property 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 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 Intellectual Property Collateral; , and (c) neither the Administrative Agent nor any Lender shall have any obligation or liability under the contracts and agreements included in the Intellectual Property Collateral by reason of this AgreementAgreement or any other Credit Document, nor shall the Administrative Agent nor or any Lender 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 hereunder or to take any other action with regard to the Administrative Agent nor any Lender shall have any liability in contract or tort for any Grantor’s acts or omissionsIntellectual Property Collateral.

Appears in 1 contract

Samples: Credit Agreement (Mediabay Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: , (a) each Grantor of the Grantors 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; , (b) the exercise by the Administrative Agent of any of the rights hereunder shall not release any Grantor of the Grantors from any of its their respective duties or obligations under the contracts and agreements included in the Collateral; , and (c) neither none of the Administrative Agent nor any members of the Lender Group shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall any member of the Administrative Agent nor any Lender Group be obligated to perform any of the obligations or duties of any Grantor of the Grantors thereunder or to take any action to collect or enforce any claim for payment assigned hereunder; and (d) neither the Administrative Agent nor any Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Security Agreement (Thomas & Betts Corp)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: (a) each Grantor shall remain liable to perform all of its duties and obligations 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; , (b) the exercise by the 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; , (c) neither the Administrative Agent nor any Lender shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Administrative Agent nor or any Lender 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 Lender shall have any liability in contract or tort for any Grantor’s 's acts or omissions.

Appears in 1 contract

Samples: Credit Agreement (Lmi Aerospace Inc)

Grantors Remain Liable. Anything herein to the contrary ---------------------- notwithstanding: , (a) subject to the applicable provisions of the Bankruptcy Code, each Grantor shall remain liable under the contracts and agreements included in the such Grantor's 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 Administrative 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; Collateral (as such duties or obligations may be modified or terminated pursuant to the applicable provisions of the Bankruptcy Code) and (c) neither the Administrative Agent nor any Lender no Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this AgreementAgreement or any other Loan Document, nor shall the Administrative Agent nor any Lender 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 Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Security Agreement (Amf Bowling Inc)

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Grantors Remain Liable. Anything contained herein to the contrary notwithstanding: , (a) each Grantor shall remain liable under the any 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; , (b) the exercise by the Administrative Collateral Agent of any of the its rights hereunder shall not (except as provided in Section 15) release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral; , and (c) neither the Administrative Collateral Agent nor any Lender shall not have any obligation or liability under the contracts any contracts, licenses, and agreements included in the Collateral by reason of this Agreement, nor shall the Administrative Collateral Agent nor any Lender 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 Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Pledge and Security Agreement (La Quinta Properties Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: , (a) each Grantor 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; , (b) the exercise by the 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 (c) neither none of the Administrative Agent nor any Lender Agent, the Lenders Parties or the Hedge Banks shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Administrative Agent nor Agent, any Lender Party or any Hedge Bank 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 Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Security Agreement (Fitness Holdings Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: (a1) each Grantor Grantors shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its their respective duties and obligations thereunder to the same extent as if this Agreement or the other Loan Documents had not been executed; (b2) the exercise by the Administrative Agent of any of the rights hereunder under this Agreement or the other Loan Documents shall not release any Grantor Grantors from any of its their respective duties or obligations to the parties under the contracts and agreements included in the Collateral; (c3) neither the Administrative Agent nor any Lender shall have any no obligation or liability under the contracts and agreements included in the Collateral by reason of this AgreementAgreement or the other Loan Documents, nor shall the Administrative Agent nor any Lender 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 hereunderunder this Agreement or the other Loan Documents; and (d4) neither the Administrative Agent nor any Lender shall have any no liability in contract or tort for any Grantor’s Grantors’ acts or omissions.

Appears in 1 contract

Samples: Security Agreement (Princeton Review Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: , (a) each h)each Grantor shall remain liable under the contracts and agreements included in the such Grantor’s 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 i)the exercise by the Administrative 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; Collateral and (c) neither the Administrative Agent nor any Lender j)no Secured Creditor shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, any other Credit Document, any Secured HN\1119607.7 Hedging Agreement or any other LC Procurement Document, nor shall the Administrative Agent nor any Lender Secured Creditor 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 Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Security Agreement (Endeavour International Corp)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: , (a) each Grantor shall remain liable under the contracts and agreements included in the such Grantor’s 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 Administrative 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; Collateral and (c) neither the Administrative Agent nor any Lender no Secured Creditor shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, any other Credit Document, any Secured 8 HN\1119607.7 Hedging Agreement or any other LC Procurement Document, nor shall the Administrative Agent nor any Lender Secured Creditor 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 Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (Endeavour International Corp)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: (a) each Grantor this agreement shall remain liable not effect any modification of any Grantor’s liability to perform duties and obligations 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; Collateral, (b) the exercise by the Administrative Collateral Agent or any Holder 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; , (c) neither the Administrative Collateral Agent nor any Lender Holder shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Administrative Collateral Agent nor or any Lender Holder 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 Collateral Agent nor any Lender Holder shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Security Agreement (Harvest Natural Resources, Inc.)

Grantors Remain Liable. Anything herein to the contrary notwithstanding: , (a) each Grantor shall remain liable under the contracts contracts, including any drilling contracts, and agreements included in the such Grantor's 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 Administrative 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; Collateral and (c) neither none of the Administrative Agent nor any Lender Lenders, Issuing Banks or Secured Hedge Provider shall have any obligation or liability under the contracts contracts, including any drilling contracts, and agreements included in the Collateral by reason of this Agreement or any other Credit Document or any Hedging Agreement, nor and none of the Lenders, Issuing Banks or Secured Hedge Provider shall the Administrative Agent nor any Lender 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 Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Credit Agreement (Pride International Inc)

Grantors Remain Liable. Anything contained herein to the ---------------------- contrary notwithstanding: , (a) each Grantor of the Grantors shall remain liable under the contracts and agreements included in the Collateral to which 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 Administrative Agent 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; Collateral to which it is a party and (c) neither of the Administrative Agent nor any Lender of the other Secured Parties shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this AgreementAgreement or any other Loan Document, nor shall any of the Administrative Agent nor any Lender Secured Parties be obligated to perform any of the obligations or duties of any Grantor the Grantors thereunder or to take any action to collect or enforce any claim for payment assigned hereunder; and (d) neither the Administrative Agent nor any Lender shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Security Agreement (Commercial Aggregates Transportation & Sales LLC)

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