Assignor Remains Liable. Anything herein to the contrary notwithstanding, (i)Assignor shall remain liable under the Hedge Agreement and all other contracts, agreements and instruments included in, giving rise to, creating, establishing, evidencing or relating to the Collateral to the extent set forth therein to perform all of its duties and obligations (including, without limitation, the making of any payment to Counterparty) to the same extent as if this Assignment had not been executed, (ii) the exercise by Agent of any of its rights hereunder shall not release Assignor from any of its duties or obligations under the Hedge Agreement, or any such contracts, agreements and instruments, and (iii) neither Agent nor any of the Lenders shall have any obligation or liability under the Hedge Agreement or any such contract, agreement or instrument by reason of this Assignment, and Agent shall not be obligated to perform any of the obligations or duties of Assignor thereunder or to take any action to collect or enforce any claim for payment or other right or privilege assigned to Agent hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Jernigan Capital, Inc.), Credit Agreement (MedEquities Realty Trust, Inc.), Credit Agreement (MedEquities Realty Trust, Inc.)
Assignor Remains Liable. Anything herein to the contrary notwithstanding, (i)Assignor i) Assignor shall remain liable under the Hedge Agreement and all other contracts, agreements and instruments included in, giving rise to, creating, establishing, evidencing or relating to the Collateral to the extent set forth therein to perform all of its duties and obligations (including, without limitation, the making of any payment to Counterparty) to the same extent as if this Assignment had not been executed, (ii) the exercise by Agent of any of its rights hereunder shall not release Assignor from any of its duties or obligations under the Hedge Agreement, or any such contracts, agreements and instruments, and (iii) neither Agent nor any of the Lenders shall have any obligation or liability under the Hedge Agreement or any such contract, agreement or instrument by reason of this Assignment, and Agent shall not be obligated to perform any of the obligations or duties of Assignor thereunder or to take any action to collect or enforce any claim for payment or other right or privilege assigned to Agent hereunder.
Appears in 1 contract
Assignor Remains Liable. Anything herein to the contrary notwithstanding, (i)Assignor 1) Assignor shall remain liable under the Hedge Agreement Member Organizational Agreements and all other contracts, agreements and instruments included in, giving rise to, creating, establishing, evidencing or relating to the Collateral to the extent set forth therein to perform all of its duties and obligations (including, without limitation, the making of any contributions to the capital of the Member or the payment of any other sum to Counterpartyor on behalf of the Member) to the same extent as if this Assignment had not been executed, (ii2) the exercise by Agent of any of its rights hereunder shall not release Assignor from any of its duties or obligations under the Hedge Agreement, Member Organizational Agreements or any such contracts, agreements and instruments, and (iii3) neither Agent nor any of the Lenders shall not have any obligation or liability under the Hedge Agreement Member Organizational Agreements, the Property Owner Organizational Agreements or the Manager Organizational Agreements or any such contract, agreement or instrument by reason of this Assignment, and nor shall Agent shall not be obligated to perform any of the obligations or duties of Assignor thereunder or to take any action to collect or enforce any claim for payment or other right or privilege assigned to Agent hereunder.
Appears in 1 contract
Samples: Assignment of Member's Interest (Wellsford Real Properties Inc)
Assignor Remains Liable. Anything herein to the contrary notwithstanding, (i)Assignor 1) Assignor shall remain liable under the Hedge Agreement Property Owner Organizational Agreements and all other contracts, agreements and instruments included in, giving rise to, creating, establishing, evidencing or relating to the Collateral to the extent set forth therein to perform all of its duties and obligations (including, without limitation, the making of any contributions to the capital of the Property Owner or the payment of any other sum to Counterpartyor on behalf of the Property Owner) to the same extent as if this Assignment had not been executed, (ii2) the exercise by Agent of any of its rights hereunder shall not release Assignor from any of its duties or obligations under the Hedge Agreement, Property Owner Organizational Agreements or any such contracts, agreements and instruments, and (iii3) neither Agent nor any of the Lenders shall not have any obligation or liability under the Hedge Agreement Property Owner Organizational Agreements, the WASH Organizational Agreements, the WASH Manager Organizational Agreements or the Xxxxx Avenue Holdings Organizational Agreements or any such contract, agreement or instrument by reason of this Assignment, and nor shall Agent shall not be obligated to perform any of the obligations or duties of Assignor thereunder or to take any action to collect or enforce any claim for payment or other right or privilege assigned to Agent hereunder.
Appears in 1 contract
Samples: Assignment of Member's Interest (Wellsford Real Properties Inc)