Common use of Assignment of Rights, Not Assumption of Duties Clause in Contracts

Assignment of Rights, Not Assumption of Duties. Anything herein contained to the contrary notwithstanding, (a) the Company shall remain liable under each of the agreements 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 Indenture had not been executed, (b) the exercise by the Trustee or the holders of any Notes of any of their rights, remedies or powers hereunder shall not release the Company from any of its duties or obligations under each of the agreements to which it is a party and (c) neither the holders of any Notes nor the Trustee shall have any obligation or liability under any of the agreements to which the Company is a party by reason of or arising out of this Indenture, nor shall such holders or the Trustee be obligated to perform any of the obligations or duties of the Company thereunder or, except as expressly provided herein with respect to the Trustee, to take any action to collect or enforce any claim for payment assigned hereunder or otherwise.

Appears in 5 contracts

Samples: Supplemental Indenture (Wci Communities Inc), Form of Indenture (Valimar Home & Land Company, LLC), Indenture (Communities Home Builders Inc)

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Assignment of Rights, Not Assumption of Duties. Anything herein contained to the contrary notwithstanding, (a) the Company shall remain liable under each of the agreements Collateral Documents 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 Indenture had not been executed, (b) the exercise by the Trustee or the holders of any Notes Holder of any of their rights, remedies or powers hereunder shall not release the Company from any of its duties or obligations under each of the agreements Collateral Documents to which it is a party and (c) neither the holders of any Notes Holders nor the Trustee shall have any obligation or liability under any of the agreements Collateral Documents to which the Company is a party by reason of or arising out of this Indenture, nor shall such holders any Holder or the Trustee be obligated to perform any of the obligations or duties of the Company thereunder or, except as expressly provided herein with respect to the Trustee, to take any action to collect or enforce any claim for payment assigned hereunder or otherwise.

Appears in 2 contracts

Samples: Indenture (Komag Inc /De/), Komag Inc /De/

Assignment of Rights, Not Assumption of Duties. Anything contained herein contained to the contrary notwithstanding, (a) the Company each party shall remain liable under each of the agreements Transaction Documents 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 Indenture had not been executedthereunder, (b) the exercise by the Indenture Trustee or the holders of any Notes of any of their such party’s rights, remedies or powers hereunder under any Transaction Document shall not release the Company such party from any of its duties or obligations under each of the agreements Transaction Documents to which it is a party party, and (c) neither except as expressly provided herein or therein with respect to the holders of any Notes nor Indenture Trustee, the Indenture Trustee shall have any no obligation or liability under any of the agreements to which the Company is a party Transaction Documents by reason of or arising out of this Indenture, nor shall such holders or the Indenture Trustee be obligated to perform any of the obligations or duties of the Company any other party thereunder or, except as expressly provided herein with respect to the Trustee, or to take any action to collect or enforce any claim for payment assigned hereunder or otherwise.

Appears in 1 contract

Samples: Indenture (Xm Satellite Radio Holdings Inc)

Assignment of Rights, Not Assumption of Duties. Anything herein contained to the contrary notwithstanding, (a) the Company shall remain liable under each of the agreements Ancillary Agreements 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 Indenture had not been executed, (b) the exercise by the Trustee or the holders of any Notes Holders of any of their rights, remedies or powers hereunder shall not release the Company from any of its duties or obligations under each of the agreements Ancillary Agreements to which it is a party and (c) neither the holders of any Notes Holders nor the Trustee shall have any obligation or liability under any of the agreements Ancillary Agreements to which the Company is a party by reason of or arising out of this Indenture, nor shall such holders the Holders or the Trustee be obligated to perform any of the obligations or duties of the Company thereunder or, except as expressly provided herein with respect to the Trustee, to take any action to collect or enforce any claim for payment assigned hereunder thereunder or otherwise.

Appears in 1 contract

Samples: Messer Griesheim Holding Ag

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Assignment of Rights, Not Assumption of Duties. Anything herein contained to the contrary notwithstanding, (a) the Company each Loan Party shall remain liable under each of the agreements Collateral Trust Security Documents 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 Indenture Collateral Trust Agreement had not been executed, (b) the exercise by the Collateral Trustee or the holders of any Notes of any of their its rights, remedies or powers hereunder shall not release the Company a Loan Party from any of its duties or obligations under each of the agreements Collateral Trust Security Documents to which it is a party and (c) neither the holders of any Notes nor the Collateral Trustee shall not have any obligation or liability under any of the agreements Collateral Trust Security Documents to which the Company any Loan Party is a party by reason of or arising out of this IndentureCollateral Trust Agreement, nor shall such holders or the Collateral Trustee be obligated to perform any of the obligations or duties of the Company a Loan Party thereunder or, except as expressly provided herein with respect to the Trusteeherein, to take any action to collect or enforce any claim for payment assigned hereunder or otherwise.

Appears in 1 contract

Samples: Collateral Trust Agreement (Tenneco Inc)

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