AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by Grantor that, anything herein to the contrary notwithstanding, Grantor shall remain liable under each of its contractual obligations and each of its licenses to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation or license by reason of or arising out of this Security Agreement or the granting herein of a lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation or license pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of Grantor under or pursuant to any contractual obligation or license, 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 contractual obligation or license, or to present or file any claims, 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.
Appears in 5 contracts
Samples: Security Agreement (Kahn Jonathan Efrem), Security Agreement (Kahn Jonathan Efrem), Security Agreement (Agritech Worldwide, Inc.)
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by Grantor Grantors that, anything herein to the contrary notwithstanding, each Grantor shall remain liable under each of its contractual obligations Contracts and each of its licenses Licenses to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation Contract or license License by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation Contract or license License pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation Contract or licenseLicense, 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 contractual obligation Contract or licenseLicense, or to present or file any claims, 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.
Appears in 4 contracts
Samples: Security Agreement (Curative Health Services Inc), Security Agreement (Westaff Inc), Credit Agreement (Curative Health Services Inc)
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by Grantor that, anything herein to the contrary notwithstanding, Grantor shall remain liable under each of its contractual obligations Contracts and each of its licenses Licenses to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation Contract or license License by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation Contract or license License pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of Grantor under or pursuant to any contractual obligation Contract or licenseLicense, 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 contractual obligation Contract or licenseLicense, or to present or file any claims, 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.
Appears in 2 contracts
Samples: Security Agreement (Code Alarm Inc), Security Agreement (Code Alarm Inc)
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by each Grantor that, anything herein to the contrary notwithstanding, such Grantor shall remain liable under each of its contractual obligations any and each of its licenses all Contracts and Licenses to which it is a party to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation such Contract or license License by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation such Contract or license License pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation such Contract or licenseLicense, 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 contractual obligation such Contract or licenseLicense, or to present or file any claims, or to take any action to collect or enforce any performance or the payment of any amounts which that may have been assigned to it or to which it may be entitled at any time or times.
Appears in 2 contracts
Samples: Security Agreement (Ddi Corp), Security Agreement (Ddi Corp)
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by each Grantor that, anything herein to the contrary notwithstanding, each Grantor shall remain liable under each of its contractual obligations contracts and each of its licenses to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation contract or license by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation contract or license pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation contract or license, 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 contractual obligation contract or license, or to present or file any claims, 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.
Appears in 1 contract
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by Grantor that, anything herein to the contrary notwithstanding, Grantor shall remain liable under each of its contractual obligations Contracts and each of its licenses to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation Contract or license by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation Contract or license pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of Grantor under or pursuant to any contractual obligation Contract or license, 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 contractual obligation Contract or license, or to present or file any claims, 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.
Appears in 1 contract
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by Grantor Grantors that, anything herein or in any other Loan Document to the contrary notwithstanding, each Grantor shall remain liable under each of its contractual obligations and each of its licenses Contractual Obligations, including all Licenses, to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation or license Contractual Obligation by reason of or arising out of this Security Agreement or any other Loan Document or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation or license Contractual Obligation pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation or licenseContractual Obligation, 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 contractual obligation or licenseContractual Obligation, or to present or file any claims, 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.
Appears in 1 contract
Samples: Security Agreement (Vertis Inc)
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by each Grantor that, anything herein to the contrary notwithstanding, such Grantor shall remain liable under each of its contractual obligations Contracts and each of its licenses Licenses to observe and perform all of the conditions and obligations to be observed and performed by it thereunderthereunder except where such failure could not reasonably be expected to have a Material Adverse Effect. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation Contract or license License by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation Contract or license License pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation Contract or licenseLicense, 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 contractual obligation Contract or licenseLicense, or to present or file any claims, 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.
Appears in 1 contract
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by Grantor Grantors that, anything herein to the contrary notwithstanding, each Grantor shall remain liable under each of its contractual obligations and each of its licenses Related Contracts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation or license Related Contract by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation or license Related Contract pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation or licenseRelated Contract, 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 contractual obligation or licenseRelated Contract, or to present or file any claims, 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.
Appears in 1 contract
Samples: Security Agreement (New Cf&i Inc)
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by Grantor Grantors that, anything herein to the contrary notwithstanding, each Grantor shall remain liable under each of its contractual obligations contracts and each of its licenses Licenses constituting Collateral to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation such contract or license License by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation contract or license License pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation such contract or licenseLicense, 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 contractual obligation such contract or licenseLicense, or to present or file any claims, 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.
Appears in 1 contract
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by each Grantor that, anything herein to the contrary notwithstanding, each Grantor shall remain liable under each of its contractual obligations Contractual Obligations and each of its licenses Licenses to observe and perform all of the conditions and obligations to be observed and performed by it thereunderthereunder to the same extent as if this Security Agreement and the other Loan Documents had not been executed. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation Contractual Obligations or license License by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation such Contractual Obligations or license License pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation Contractual Obligations or licenseLicense, 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 contractual obligation Contractual Obligations or licenseLicense, or to present or file any claims, 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.
Appears in 1 contract
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by each Grantor that, anything herein or in any other Loan Document to the contrary notwithstanding, such Grantor shall remain liable under each of its contractual obligations and each of its licenses Contractual Obligations, including all Permits, to observe and perform all of the conditions and obligations to be observed and performed by it thereunderthereunder to the same extent as if this Agreement had not been executed. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation or license Contractual Obligation by reason of or arising out of this Security Agreement or any other Loan Document or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation or license Contractual Obligation pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation or licenseContractual Obligation, 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 contractual obligation or licenseContractual Obligation, or to present or file any claims, 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.
Appears in 1 contract
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by each Grantor that, anything herein or in any other Loan Document to the contrary notwithstanding, each Grantor shall remain liable under each of its contractual obligations and each of its licenses respective Contractual Obligations, including all Licenses, to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability (other than as a result of Agent's or any Lender's own gross negligence or willful misconduct) under any contractual obligation or license Contractual Obligation by reason of or arising out of this Security Agreement or any other Loan Document or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation or license Contractual Obligation pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation or licenseContractual Obligation, 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 contractual obligation or licenseContractual Obligation, or to present or file any claims, 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.
Appears in 1 contract
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) 3.1 It is expressly agreed by Grantor that, anything herein to the contrary notwithstanding, Grantor shall remain liable under each of its contractual obligations Contracts and each of its licenses Licenses to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation Contract or license License by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation Contract or license License pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of Grantor under or pursuant to any contractual obligation Contract or licenseLicense, 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 contractual obligation Contract or licenseLicense, or to present or file any claims, 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.
Appears in 1 contract
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by each Grantor that, anything herein to the contrary notwithstanding, each Grantor shall remain liable under each of its contractual obligations Contracts and each of its licenses Licenses to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation Contract or license License by reason of or arising out of this Supplemental Security Agreement or the granting herein of a lien thereon security interest therein or the receipt by Agent or any Lender of any payment relating to any contractual obligation Contract or license License pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation Contract or licenseLicense, 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 contractual obligation Contract or licenseLicense, or to present or file any claims, 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.
Appears in 1 contract
Samples: Supplemental Security Agreement (Wilsons the Leather Experts Inc)
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by Grantor that, anything herein or in any other Loan Document to the contrary notwithstanding, Grantor shall remain liable under each of its contractual obligations and each of its licenses Contractual Obligations, including all Licenses, to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation or license Contractual Obligation by reason of or arising out of this Security Agreement or any other Loan Document or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation or license Contractual Obligation pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of Grantor under or pursuant to any contractual obligation or licenseContractual Obligation, 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 contractual obligation or licenseContractual Obligation, or to present or file any claims, 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. Neither Agent nor any Lender shall have any liability in contract or tort for Grantor’s act or omissions.
Appears in 1 contract
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by Grantor that, anything herein to the contrary notwithstanding, Grantor shall remain liable under each of its contractual obligations contracts and each of its licenses to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation contract or license by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation contract or license pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of Grantor under or pursuant to any contractual obligation contract or license, 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 contractual obligation contract or license, or to present or file any claims, 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.
Appears in 1 contract
Samples: Security Agreement (Englobal Corp)
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by each Grantor that, anything herein or in any other Loan Document to the contrary notwithstanding, each Grantor shall remain liable under each of its contractual obligations and each of its licenses respective Contractual Obligations, including all Licenses, to observe and perform all of the conditions and obligations to be observed and performed by it thereunder. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation or license Contractual Obligation by reason of or arising out of this Security Agreement or any other Loan Document or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation or license Contractual Obligation pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation or licenseContractual Obligation, 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 contractual obligation or licenseContractual Obligation, or to present or file any claims, 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.
Appears in 1 contract
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by Grantor that, anything herein to the contrary notwithstanding, Grantor shall remain liable under each of its contractual obligations Contracts and each of its licenses Licenses to observe and perform all of the conditions and obligations to be observed and performed by it thereunderthereunder except where such failure could not reasonably be expected to have a Material Adverse Effect. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation Contract or license License by reason of or arising out of this Security Agreement or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation Contract or license License pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of Grantor under or pursuant to any contractual obligation Contract or licenseLicense, 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 contractual obligation Contract or licenseLicense, or to present or file any claims, 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.
Appears in 1 contract
AGENT’S AND LENDERS’ RIGHTS; LIMITATIONS ON AGENT’S AND LENDERS’ OBLIGATIONS. (a) It is expressly agreed by each Grantor that, anything herein or in any other Loan Document to the contrary notwithstanding, each Grantor shall remain liable under each of its contractual obligations and each of its licenses respective Contractual Obligations, including all Licenses, to observe and perform comply with all of the conditions and its obligations to be observed and performed complied with by it thereunderthereunder other than those conditions and obligations the noncompliance with which could not reasonably be expected to have a Material Adverse Effect. Neither Agent nor any Lender shall have any obligation or liability under any contractual obligation or license Contractual Obligation by reason of or arising out of this Security Agreement or any other Loan Document or the granting herein of a lien Lien thereon or the receipt by Agent or any Lender of any payment relating to any contractual obligation or license Contractual Obligation pursuant hereto. Neither Agent nor any Lender shall be required or obligated in any manner to perform or fulfill any of the obligations of any Grantor under or pursuant to any contractual obligation or licenseContractual Obligation, 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 contractual obligation or licenseContractual Obligation, or to present or file any claims, 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.
Appears in 1 contract
Samples: And Restated Security Agreement (Golfsmith International Holdings Inc)