Common use of Debtors Remain Liable Clause in Contracts

Debtors Remain Liable. Anything herein to the contrary notwithstanding: (a) each Debtor shall remain liable under the Contracts included in the Collateral to the extent set forth therein to perform such Debtor’s obligations thereunder to the same extent as if this Agreement had not been executed, unless any such Contract or Contracts have been expressly assigned or expressly assumed pursuant to Section 6.3 in the case of obligations arising after such assignment or assumption; (b) the exercise by the Administrative Agent of any rights hereunder shall not release any Debtor from any obligations under the Contracts included in the Collateral, unless any such Contract or Contracts have been expressly assigned or expressly assumed pursuant to Section 6.3 in the case of obligations arising after such assignment or assumption; and (c) the Administrative Agent shall not have any obligation under the Contracts included in the Collateral by reason of this Agreement, nor shall the Administrative Agent 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 sufficiency of any payment any Debtor 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 thereunder, unless any such Contract or Contracts have been expressly assigned or expressly assumed by the Administrative Agent pursuant to Section 6.3 in the case of obligations arising after such assignment or assumption.

Debtors Remain Liable. Anything herein Notwithstanding anything to the contrary notwithstanding: contained herein, (a) each Debtor the Debtors shall remain liable under the Contracts contracts, agreements, documents and instruments included in the Collateral to the extent set forth therein to perform such Debtor’s all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, unless any such Contract or Contracts have been expressly assigned or expressly assumed pursuant to Section 6.3 in the case of obligations arising after such assignment or assumption; (b) the exercise by the Administrative Agent or any Lender of any of their respective rights or remedies hereunder shall not release any Debtor the Debtors from any of their duties or obligations under the Contracts contracts, agreements, documents and instruments included in the Collateral, unless any such Contract or Contracts have been expressly assigned or expressly assumed pursuant to Section 6.3 in the case of obligations arising after such assignment or assumption; and (c) neither the Administrative Agent nor any of the Lenders shall not have any indebtedness, liability or obligation (by assumption Confidential and Proprietary CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. or otherwise) under any of the Contracts contracts, agreements, documents and instruments included in the Collateral by reason of this Agreement, nor and none of them shall the Administrative Agent be obligated to perform or fulfill any of the obligations or duties of any Debtor thereunder, including any obligation to make any inquiry as to the nature or sufficiency of any payment any Debtor may be entitled to receive thereunder, to present or file any claim, Debtors thereunder or to take any action to collect or enforce any claim for payment thereunder, unless any such Contract or Contracts have been expressly assigned or expressly assumed by the Administrative Agent pursuant to Section 6.3 in the case of obligations arising after such assignment or assumptionhereunder.