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

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (i) each of the parties thereto will remain liable under each of the Transaction 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; (ii) the exercise by the Collateral 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 Transaction Documents; and (iii) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Agent.

Appears in 2 contracts

Samples: Collateral Agency and Security Agreement (Firepond, Inc.), Security Agreement (Firepond, Inc.)

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Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (ia) each of the parties thereto will remain liable under each of the Transaction Credit Agreement 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; (iib) the exercise by the Collateral 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 Transaction Credit Agreement Security Documents; and (iiic) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.

Appears in 2 contracts

Samples: Credit Agreement (Diversified Healthcare Trust), Term Loan Agreement (Diversified Healthcare Trust)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (ia) each of the parties thereto will remain liable under each of the Transaction Collateral 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; (iib) the exercise by the Collateral 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 Transaction Collateral Documents; and (iiic) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Agent.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Banro Corp), Collateral Trust Agreement (Banro Corp)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (ia) each of the parties thereto hereto will remain liable under each of the Transaction Documents Operative Agreements (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; (iib) the exercise by the Collateral 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 Transaction DocumentsOperative Agreements; and (iiic) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Agent.

Appears in 2 contracts

Samples: Security and Collateral Agency Agreement, Security and Collateral Agency Agreement (Expressjet Holdings Inc)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein, but subject in all respects to Section 7.8 hereof: (i1) each of the parties thereto will remain liable under each of the Transaction 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; (ii2) the exercise by the Collateral 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 Transaction Documents; and (iii3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.

Appears in 2 contracts

Samples: Collateral Agency and Intercreditor Agreement (CBL & Associates Limited Partnership), Collateral Agency and Intercreditor Agreement (CBL & Associates Limited Partnership)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (ia) each of the parties thereto will remain liable under each of the Transaction Collateral 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; (iib) the exercise by the Collateral 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 Transaction Collateral Documents; and (iiic) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Agent.

Appears in 1 contract

Samples: Collateral Trust and Agency Agreement (Postmedia Network Canada Corp.)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (i1) each of the parties thereto (other than the Collateral Agent) will remain liable under each of the Transaction 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; (ii2) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such any other parties from any of their respective duties or obligations under the other Transaction Security Documents; and (iii3) the Collateral 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 Agent.

Appears in 1 contract

Samples: Collateral Trust and Intercreditor Agreement (Foresight Energy LP)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (i1) each of the parties thereto will remain liable under each of the Transaction 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; (ii2) the exercise by the Collateral 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 Transaction Security Documents; and (iii3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Agent.

Appears in 1 contract

Samples: Collateral Agency Agreement (Offshore Logistics INC)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (i) each of the parties thereto will remain liable under each of the Transaction 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; (ii) the exercise by the Collateral 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 Transaction Security Documents; and (iii) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Agent.

Appears in 1 contract

Samples: Security and Pledge Agreement (Calpine Corp)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein, but subject in all respects to Section 7.8 hereof: (i1) each of the parties thereto will remain liable under each of the Transaction 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; (ii2) the exercise by the Collateral 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 Transaction Documents; and (iii3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.. 0000-0000-0000 v13 26

Appears in 1 contract

Samples: Collateral Agency and Intercreditor Agreement (CBL & Associates Limited Partnership)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (i1) each of the parties thereto will remain liable under each of the Transaction Parity Lien 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; (ii2) the exercise by the Collateral 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 Transaction Security Documents; and (iii3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Agent.

Appears in 1 contract

Samples: Collateral Agency Agreement (Advanced Audio Concepts, LTD)

Assumption of Rights, Not Assumption of Duties. β€Œ Notwithstanding anything to the contrary contained herein: (ia) each of the parties thereto will remain liable under each of the Transaction Collateral 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; (iib) the exercise by the Collateral 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 Transaction Collateral Documents; and (iiic) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Agent.

Appears in 1 contract

Samples: Collateral Trust and Agency Agreement

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (ia) each of the parties thereto will remain liable under each of the Transaction Documents Security Instruments (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; (iib) the exercise by the Collateral 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 Transaction DocumentsSwap Instrument; and (iiic) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Agent.

Appears in 1 contract

Samples: Intercreditor Agreement (Gastar Exploration Inc.)

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Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (ia) each of the parties thereto will remain liable under each of the Transaction 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; (iib) the exercise by the Collateral 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 Transaction Security Documents; and (iiic) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than the Collateral Agent.

Appears in 1 contract

Samples: Collateral Trust Agreement (ICO Global Communications (Holdings) LTD)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein, but subject in all respects to Section 7.10 hereof: (i1) each of the parties thereto will remain liable under each of the Transaction 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; (ii2) the exercise by the Collateral 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 Transaction Security Documents; and (iii3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.

Appears in 1 contract

Samples: Priority Facility Agreement (Trico Marine Services Inc)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (i1) each of the parties thereto will remain liable under each of the Transaction Security Instruments and Priority Lien 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; (ii2) the exercise by the Collateral 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 Security Instruments and other Transaction Priority Lien Documents; and (iii3) the Collateral Agent will not be obligated to perform any of the obligations or duties of the Company or any of the parties thereunder Grantor or any other than the Collateral AgentPerson.

Appears in 1 contract

Samples: Collateral Agency Agreement (Grizzly Energy, LLC)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein, but subject in all respects to Section 7.8 hereof: (i1) each of the parties thereto will remain liable under each of the Transaction 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; (ii2) the exercise by the Collateral 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 Transaction Security Documents; and (iii3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.

Appears in 1 contract

Samples: Working Capital Facility Agreement (Trico Marine Services Inc)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (i) each of the parties thereto will remain liable under each of to the Transaction 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; (ii) the exercise by the Collateral 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 Transaction Security Documents; and (iii) the Collateral 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 Agent.

Appears in 1 contract

Samples: Collateral Agency and Intercreditor Agreement (Diamond Offshore Drilling, Inc.)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (i1) each of the parties thereto will remain liable under each of the Transaction 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; (ii2) the exercise by the Collateral 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 Transaction Security Documents; and (iii3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than at the Collateral Agent.

Appears in 1 contract

Samples: Collateral Trust and Intercreditor Agreement (Delta Energy Center, LLC)

Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (i) each of the parties thereto will remain liable under each of to the Transaction Collateral 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; (ii) the exercise by the Collateral Agent 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 Transaction Collateral Documents; and (iii) the Collateral Agent Trustee will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Collateral Documents other than the Collateral AgentTrustee.

Appears in 1 contract

Samples: Collateral Trust Agreement (Seadrill LTD)

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