Common use of Continuing Liability Clause in Contracts

Continuing Liability. Borrower hereby expressly agrees that, anything herein to the contrary notwithstanding, it shall remain liable under each contract, agreement and instrument, assigned by it to Creditor hereunder to observe and perform all the conditions and obligations to be observed and performed by it thereunder, and covenants and agrees to observe and perform all such conditions and obligations, all in accordance with and pursuant to the terms and provisions thereof. Creditor shall have no obligation or liability under any such contract, agreement or instrument, or the Accounts, by reason of or arising out of this Agreement or the assignment thereof to Creditor or the receipt by Creditor of any payment relating to any such contract, agreement or instrument, or the Accounts pursuant hereto, nor shall Creditor be required or obligated in any manner to perform or to fulfill any of the obligations of Borrower thereunder or pursuant thereto, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any such contract, agreement or instrument, or the Accounts, or to present or file any claim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Continuing Liability. The Borrower hereby expressly agrees that, anything herein to the contrary notwithstanding, it shall remain liable under each contractany Trademark License, agreement and instrument, assigned by it interest or obligation with respect to Creditor hereunder which the Agent has been granted a security interest pursuant to Section 2 hereof to observe and perform all the conditions and obligations to be observed and performed by it the Borrower thereunder, and covenants and agrees to observe and perform all such conditions and obligations, all in accordance with and pursuant to the terms and provisions thereof. Creditor The Agent shall not have no any obligation or liability under any such contractTrademark License, agreement interest or instrument, or the Accounts, obligation by reason of or arising out of this Agreement or the conditional assignment thereof thereof, or the grant of a security interest therein, to Creditor the Agent or the receipt by Creditor the Agent of any payment relating to any such contractTrademark License, agreement interest or instrument, or the Accounts obligation pursuant hereto, nor shall Creditor the Agent be required or obligated in any manner to perform or to fulfill any of the obligations of the Borrower thereunder or pursuant thereto, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any such contractTrademark License, agreement interest or instrument, or the Accountsobligation, or to present or file any claim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Continuing Liability. Borrower The Company hereby expressly agrees that, anything herein to the contrary notwithstanding, it shall remain liable under each contractlicense, agreement interest and instrument, obligation assigned by it to Creditor the Noteholders hereunder to observe and perform all the conditions and obligations to be observed and performed by it the Company thereunder, and covenants and agrees to observe and perform all such conditions and obligations, all in accordance with and pursuant to the terms and provisions thereof. Creditor The Agent and the Noteholders shall have no obligation obligations or liability under any such contractlicense, agreement interest or instrument, or the Accounts, obligation by reason of or arising out of this Agreement or the assignment thereof to Creditor the Noteholders or the receipt by Creditor the Noteholders of any payment relating to any such contractlicense, agreement interest or instrument, or the Accounts obligation pursuant hereto, nor shall Creditor the Agent or Noteholders be required or obligated in any manner to perform or to fulfill any of the obligations of Borrower the Company thereunder or pursuant thereto, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it any of them or the sufficiency of any performance by any party under any such contractlicense, agreement interest or instrument, or the Accountsobligation, or to present or file any claim, or to take any action to collect or enforce any performance or of the payment of any amounts which may have been assigned to it the Company or to which it the Company may be entitled at any time or times.

Continuing Liability. Borrower Each of the Grantors hereby expressly agrees that, anything herein to the contrary notwithstanding, it the Grantors shall remain liable under each contract, agreement and instrumentagreement, assigned by it interest or obligation assigned, or as to Creditor which a security interest has been granted, to the Collateral Agent hereunder to observe and perform all the covenants, conditions and obligations to be observed and performed by it the Grantors thereunder, and covenants and agrees to observe and perform all such conditions and obligations, all in accordance with and pursuant to the terms and provisions thereof. Creditor The Collateral Agent shall have no duty, responsibility, obligation or liability under any such contract, agreement or instrument, or the Accounts, obligation by reason of or arising out of this Agreement or the assignment thereof granting to Creditor the Collateral Agent of a security interest therein or the receipt by Creditor the Collateral Agent of any payment relating to any such contract, agreement or instrument, or the Accounts obligation pursuant hereto, nor shall Creditor the Collateral Agent be required or obligated in any manner to perform or to fulfill any of the obligations of Borrower the Grantors thereunder or pursuant thereto, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any such contract, agreement or instrument, or the Accountsobligation, or to present or file any claim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it, in which it has been granted a security interest or to which it may be entitled at any time or times.

Continuing Liability. Borrower hereby Holdings expressly agrees that, notwithstanding anything herein to the contrary notwithstandingin this Agreement, it shall remain liable under each contractlicense, agreement interest and instrument, obligation assigned by it to Creditor hereunder the Lender under this Agreement to observe and perform all the conditions and obligations to be observed and performed by it thereunder, and covenants and agrees to observe and perform all such conditions and obligations, all in accordance with and pursuant to the terms and provisions applicable to Holdings and shall retain the right to sue and recover for past, xxxsent and future infringements thereof. Creditor The Lender shall have no obligation or liability under any such contractlicense, agreement interest or instrument, or the Accounts, obligation by reason of or arising out of this Agreement or the assignment thereof to Creditor the Lender or the receipt by Creditor the Lender of any payment relating to any such contractlicense, agreement interest or instrument, or the Accounts obligation pursuant hereto, nor shall Creditor the Lender be required or obligated in any manner to perform or to fulfill any of the obligations of Borrower Holdings thereunder or pursuant thereto, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any such contractlicense, agreement interest or instrument, or the Accountsobligation, or to present or file any claim, or to take any action to collect or enforce any performance or of the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Continuing Liability. Borrower and Borrower Parent each hereby expressly agrees agree that, anything herein to the contrary notwithstanding, it shall remain liable under each contract, agreement and instrument, assigned by instrument it assigns to Creditor Lender hereunder to observe and perform all the conditions and obligations it is required to be observed observe and performed by it perform thereunder, and covenants and agrees to observe and perform all such the conditions and obligations, all in accordance with and pursuant to the terms and provisions thereof. Creditor Lender shall have no obligation or liability under any such contract, agreement or instrument, or the Accounts, by reason of or arising out of this Agreement Agreement, or the assignment thereof to Creditor Lender, or the Lender’s receipt by Creditor of any payment relating to any such contract, agreement or instrument, or the Accounts pursuant hereto, nor . Lender shall Creditor not be required or obligated obligated, in any manner to manner, to: (i) perform or to fulfill any of the Borrower’s or Borrower Parent’s obligations of Borrower thereunder or pursuant thereto, or to ; (ii) make any payment, payment or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any such contract, agreement or instrument, or the Accounts, ; or to (iii) present or file any claim, or to take any action to collect or enforce any performance or the payment of any amounts amounts, which it may have been assigned to it or to which it may be entitled at any time or times.

Continuing Liability. Borrower hereby expressly agrees that, notwithstanding anything herein to the contrary notwithstandingin this Agreement, it shall remain liable under each contractlicense, agreement interest and instrument, obligation assigned by it to Creditor hereunder the Lender under this Agreement to observe and perform all the conditions and obligations to be observed and performed by it thereunder, and covenants and agrees to observe and perform all such conditions and obligations, all in accordance with and pursuant to the terms and provisions applicable to Borrower and shall retain the right to sue and recover for past, xxxsent and future infringements thereof. Creditor The Lender shall have no obligation or liability under any such contractlicense, agreement interest or instrument, or the Accounts, obligation by reason of or arising out of this Agreement or the assignment thereof to Creditor the Lender or the receipt by Creditor the Lender of any payment relating to any such contractlicense, agreement interest or instrument, or the Accounts obligation pursuant hereto, nor shall Creditor the Lender be required or obligated in any manner to perform or to fulfill any of the obligations of Borrower thereunder or pursuant thereto, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any such contractlicense, agreement interest or instrument, or the Accountsobligation, or to present or file any claim, or to take any action to collect or enforce any performance or of the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.