Borrower Remains Liable. Anything herein to the contrary notwithstanding, (i) the Borrower shall remain liable under any contracts, agreements and other documents included in the Collateral, to the extent set forth therein, to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (ii) the exercise by the Lender of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under such contracts, agreements and other documents included in the Collateral and (iii) the Lender shall not have any obligation or liability under any contracts, agreements and other documents included in the Collateral by reason of this Agreement, nor shall the Lender be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any such contract, agreement or other document included in the Collateral hereunder.
Appears in 2 contracts
Samples: Security Agreement (Amerigon Inc), Security Agreement (Amerigon Inc)
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (i) the Borrower shall remain liable under any contracts, all contracts and agreements and other documents included in the Collateral, to the extent set forth therein, to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (ii) the exercise by the Lender Lenders of any of the their rights hereunder shall not release the Borrower from any of its duties or obligations under such contracts, any of the contracts and agreements and other documents included in the Collateral Collateral, and (iii) the Lender Lenders shall not have any obligation or liability under any contracts, of the contracts and agreements and other documents included in the Collateral by reason of this Agreement, nor shall the Lender Lenders be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any such contract, agreement or other document included in the Collateral claim for payment assigned hereunder.
Appears in 2 contracts
Samples: Loan and Security Agreement (Exabyte Corp /De/), Loan and Security Agreement (Exabyte Corp /De/)
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (i) the Borrower shall remain liable under any contracts, agreements and other documents included in the Collateral, to the extent set forth therein, to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (ii) the exercise by the Lender of any of the rights hereunder shall not release the Borrower from any of its their duties or obligations under such contracts, agreements and other documents included in the Collateral and (iii) the Lender shall not have any obligation or liability under any contracts, agreements and other documents included in the Collateral by reason of this Agreement, nor shall the Lender be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any such contract, agreement or other document included in the Collateral hereunder.
Appears in 2 contracts
Samples: Security Agreement (Amerigon Inc), Security Agreement (Amerigon Inc)
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ia) the Borrower shall remain liable under any contracts, the contracts and agreements and other documents included in the Collateral, Collateral to the extent set forth therein, therein to perform all of its duties and obligations thereunder thereun- der to the same extent as if this Agreement had not been executedex- ecuted, (iib) the exercise by the Lender Bank of any of the its rights hereunder shall not release the Borrower from any of its duties du- ties or obligations under such contracts, the contracts and agreements and other documents included in- cluded in the Collateral Collateral, and (iiic) the Lender Bank shall not have any obligation or liability under any contracts, the contracts and agreements and other documents included in the Collateral by reason of this Agreement, nor shall the Lender Bank be obligated to perform any of the obligations or duties of the Borrower thereunder thereunder, to make any payment, to make any inquiry as to the nature or sufficiency of any pay- ment received by the Borrower or the sufficiency of any per- formance by any party under any such contract or agreement or to take any action to collect or enforce any such contract, agreement or other document included in the Collateral claim for pay- ment assigned hereunder.
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Borrower Remains Liable. Anything herein to the contrary notwithstanding, in the absence of the Lender's express prior written consent thereto, (ia) the Borrower shall remain liable under any contracts, and all contracts and agreements and other documents included in the Collateral, Collateral to the extent set forth therein, therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Lender of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under such contracts, any contracts and agreements and other documents included in the Collateral Collateral, and (iiic) the Lender shall not have any obligation or liability under any contracts, contracts and agreements and other documents included in the Collateral by reason of this Agreement, nor shall the Lender be obligated to perform any of the obligations or duties of the Borrower thereunder under any such contract or agreement or to take any action to collect or enforce any such contract, agreement or other document included in the Collateral claim for payment assigned hereunder.
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Borrower Remains Liable. Anything herein to the contrary notwithstanding, notwithstanding (ia) the Borrower shall remain liable under any contracts, the contracts and agreements and other documents included in the Collateral, Collateral assigned by it hereunder to the extent set forth therein, to and shall perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executedunder such contracts and agreements, (iib) the exercise by the Lender Agent of any of the its rights hereunder shall not release the Borrower from any of its duties or obligations under any such contracts, contracts or agreements and other documents included in the Collateral assigned by it hereunder, and (iiic) neither the Agent nor any Lender shall not have any obligation or liability under any contracts, such contracts or agreements and other documents included in the Collateral by reason of this AgreementCollateral, nor shall the Agent or any Lender be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any such contract, agreement or other document included in the Collateral claim for payment assigned hereunder.
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Borrower Remains Liable. Anything herein Notwithstanding anything to the contrary notwithstandingherein, Borrower hereby acknowledges and agrees that: (ia) the Borrower shall remain liable under any contracts, agreements and other documents of Borrower included in the Collateral, to the extent set forth therein, Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, ; (iib) the exercise by the Lender of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under such contracts, agreements and other documents included in the Collateral Collateral; and (iiic) the Lender shall not have any obligation or liability under any contracts, agreements and other documents included in the Collateral by reason of this Agreement, nor shall the Lender be obligated to perform any of the obligations or duties of the Borrower (or any other Person) thereunder or to take any action to collect or enforce any such contract, agreement agreement, or other document included in the Collateral hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Athena Bitcoin Global)
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (i) the Borrower shall remain liable under any contracts, contracts and agreements and other documents included in the Collateral (including all contracts and agreements relating to the Receivable Collateral), to the extent set forth therein, to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (ii) the exercise by the Lender Agent of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under such contracts, contracts and agreements and other documents included in the Collateral and (iii) the Lender Agent shall not have any obligation or liability under any contracts, contracts and agreements and other documents included in the Collateral by reason of this Agreement, nor shall the Lender Agent be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any such contract, agreement Receivable Collateral or other document Right to Payment included in the Collateral hereunder.
Appears in 1 contract
Samples: Credit Agreement (Certified Grocers of California LTD)
Borrower Remains Liable. Anything contained herein to the contrary notwithstanding, (ia) the Borrower shall remain liable for all damages, obligations, and liabilities under any contracts, the contracts and agreements and other documents included in the Collateral, to the extent set forth therein, Collateral to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Lender Crestmark of any of its rights under this Agreement or the rights hereunder Collateral Documents shall not release the Borrower from any of its duties or obligations under such contracts, the contracts and agreements and other documents included in the Collateral and (iiic) the Lender Crestmark shall not have any no obligation or liability under any contracts, the contracts and agreements and other documents included in the Collateral by reason of this AgreementCollateral, nor shall the Lender Crestmark be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any such contractclaim for payment. Borrower shall pay all taxes, agreement levies, assessments and charges of any kind upon or other document included in related to the Collateral hereunderCollateral, Borrower's business, income, revenues and assets.
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Borrower Remains Liable. Anything herein to the contrary notwithstanding, (i) the Borrower shall remain liable under any contracts, the contracts and agreements and other documents included in the Collateral, Collateral to the extent set forth therein, therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (ii) the exercise by the Lender of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under such contracts, the contracts and agreements and other documents included in the Collateral and (iii) the Lender shall not (x) have any obligation or liability to perform any of the obligations or duties of the Borrower under any contracts, the contracts and agreements and other documents included in the Collateral by reason of this Agreement, nor shall the Lender Agreement or (y) be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any such contract, agreement or other document included in the Collateral hereunderthereunder.
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Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ia) the Borrower shall remain liable under any contracts, the contracts and agreements and other documents included in the Collateral, Collateral to the extent set forth therein, therein to perform all of its the duties and obligations thereunder to the same extent as if this Agreement had not been executed, (iib) the exercise by the Lender Agent of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under such contracts, the contracts and agreements and other documents included in the Collateral Collateral, and (iiic) neither the Lender Agent, the Issuing Bank nor any Bank shall not have any obligation or liability under any contracts, the contracts and agreements and other documents included in the Collateral by reason of this Agreement, nor shall the Lender Agent, the Issuing Bank or any Bank be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any such contract, agreement or other document included in the Collateral claim for payment assigned hereunder.
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