Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (1) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed; (2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and (3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Trustee.
Appears in 12 contracts
Samples: Collateral Agency and Intercreditor Agreement, Collateral Trust Agreement, Indenture (Primus Telecommunications Group Inc)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Trustee.
Appears in 12 contracts
Samples: Collateral Trust Agreement (Unisys Corp), Refinancing Amendment and Successor Administrative Agent Agreement (MRC Global Inc.), Term Loan Credit Agreement (MRC Global Inc.)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than the Collateral TrusteeAgent.
Appears in 9 contracts
Samples: Collateral Agency Agreement, Parity Lien Intercreditor Agreement, Collateral Agency Agreement (Gogo Inc.)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Parity Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Parity Lien Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of the Company or any of the parties thereunder other than the Collateral TrusteeGrantor.
Appears in 6 contracts
Samples: Collateral Trust Agreement (SM Energy Co), Collateral Trust Agreement (Sandridge Energy Inc), Collateral Trust Agreement (Linn Energy, LLC)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto (other than the Collateral Trustee) will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than the obligations and duties of the Collateral Trustee.
Appears in 5 contracts
Samples: Second Lien Collateral Trust Agreement (Geo Group Inc), Collateral Trust Agreement (Triumph Group Inc), Collateral Trust Agreement (Endo International PLC)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than the Collateral Trustee.
Appears in 5 contracts
Samples: Collateral Trust Agreement (INNOVATE Corp.), Collateral Trust Agreement, Collateral Trust Agreement (Toys R Us Inc)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1a) each of the parties thereto will remain liable under each of the Parity Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2b) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Parity Lien Security Documents; and
(3c) the Collateral Trustee will not be obligated to perform any of the obligations or duties of the Company or any of the parties thereunder other than the Collateral TrusteeGrantor.
Appears in 3 contracts
Samples: Collateral Trust Agreement (Exco Resources Inc), Collateral Trust Agreement (Exco Resources Inc), Collateral Trust Agreement (Exco Resources Inc)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1a) each of the parties thereto will remain liable under each of the Parity Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2b) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Parity Lien Security Documents; and
(3c) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral TrusteeObligor.
Appears in 3 contracts
Samples: Collateral Trust Agreement and Security and Pledge Agreement (Calumet Specialty Products Partners, L.P.), Collateral Trust Agreement (Calumet Specialty Products Partners, L.P.), Collateral Trust Agreement (Calumet Specialty Products Partners, L.P.)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
, (1a) each of the parties thereto will shall remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
, (2b) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will shall not release such parties from any of their respective duties or obligations under the other Security Documents; and
Documents and (3c) the Collateral Trustee will shall not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Trustee.
Appears in 3 contracts
Samples: Revolving Credit Agreement (GenOn Energy, Inc.), Collateral Trust Agreement (NRG Energy, Inc.), Collateral Trust Agreement (NRG Energy Inc)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Trustee.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/), Collateral Trust Agreement (GXS Investments, Inc.)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the First Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other First Lien Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Trustee.
Appears in 2 contracts
Samples: Collateral Trust and Intercreditor Agreement, Collateral Trust and Intercreditor Agreement (CVR Energy Inc)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1a) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2b) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such any parties from any of their respective duties or obligations under the other Security Documents; and
(3c) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than of the Collateral Trustee.
Appears in 2 contracts
Samples: Second Lien Collateral Trust Agreement (CSI Compressco LP), Collateral Trust Agreement (CSI Compressco LP)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee Agent of any of its rights, remedies or powers hereunder will not release such any parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than the Collateral TrusteeAgent.
Appears in 2 contracts
Samples: Collateral Trust and Intercreditor Agreement, Collateral Trust and Intercreditor Agreement (Northern Tier Retail LLC)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of the Company or any of the parties thereunder other than the Collateral TrusteeGrantor.
Appears in 2 contracts
Samples: Collateral Trust Agreement (Vanguard Natural Resources, Inc.), Collateral Trust Agreement (Vanguard Natural Resources, LLC)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Parity Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Parity Lien Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of the Company, any of Grantor or any other party to the parties thereunder Parity Lien Security Documents (other than the Collateral Trustee).
Appears in 2 contracts
Samples: Collateral Trust Agreement (Denbury Resources Inc), Collateral Trust Agreement (Petroquest Energy Inc)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1a) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2b) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3c) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder under any of the other Security Documents other than the Collateral Trustee.
Appears in 1 contract
Samples: Collateral Trust and Intercreditor Agreement (Entravision Communications Corp)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1a) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2b) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such any parties from any of their respective duties or obligations under the other Security Documents; and
(3c) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than of the Collateral Trustee.
Appears in 1 contract
Samples: Collateral Trust and Intercreditor Agreement (Par Pacific Holdings, Inc.)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Parity Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Parity Lien Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Trustee.
Appears in 1 contract
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
: (1a) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be bebeen executed;
; (2b) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
and (3c) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than the Collateral Trustee.
Appears in 1 contract
Samples: Supplemental Indenture (Altera Infrastructure L.P.)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1a) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2b) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3c) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Trustee.
Appears in 1 contract
Samples: Collateral Trust and Intercreditor Agreement (Geokinetics Inc)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1i) each of the parties thereto will remain liable under each of to the Security Documents (other than this Agreement) will remain liable thereunder to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2ii) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3iii) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than the Collateral Trustee.
Appears in 1 contract
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Parity Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Parity Lien Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Parity Lien Security Documents other than the Collateral Trustee.
Appears in 1 contract
Samples: Collateral Trust Agreement (Alliance One International, Inc.)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Parity Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Parity Lien Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral TrusteeObligor.
Appears in 1 contract
Samples: Collateral Trust Agreement (Chesapeake Energy Corp)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1i) each of the parties thereto will remain liable under each of the Parity Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2ii) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Parity Lien Security Documents; and
(3iii) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Trustee.
Appears in 1 contract
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Parity Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Parity Lien Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of the Company or any of the parties thereunder other than the Collateral TrusteeMortgagor.
Appears in 1 contract
Samples: Collateral Trust Agreement (Chesapeake Energy Corp)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the obligations and duties of the Collateral Trustee.
Appears in 1 contract
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1i) each of the parties thereto will remain liable under each of the Parity Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2ii) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Parity Lien Security Documents; and
(3iii) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Trustee.
Appears in 1 contract
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1a) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2b) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3c) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than the Collateral Trustee.
Appears in 1 contract
Samples: Collateral Trust Agreement
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Trustee.
Appears in 1 contract
Samples: Collateral Trust Agreement (Builders FirstSource, Inc.)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Security Documents will remain liable under each such Security Document (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Trustee.
Appears in 1 contract
Samples: Collateral Trust Agreement (American Casino & Entertainment Properties LLC)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Third Lien Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Third Lien Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of the Company or any of the parties thereunder other than the Collateral TrusteeGrantor.
Appears in 1 contract
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(1) each of the parties thereto will remain liable under each of the Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not be been executed;
(2) the exercise by the Collateral Trustee of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Security Documents; and
(3) the Collateral Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than the Collateral Trustee.
Appears in 1 contract
