Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral to perform all of the duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Parties of any of the rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such contracts and agreements included in the Collateral, and (c) the Secured Parties shall not have any obligation or liability under such contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Secured Parties be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 4 contracts
Samples: Term Loan and Security Agreement (Genasys Inc.), Credit and Security Agreement (SAExploration Holdings, Inc.), Purchase Money Loan and Security Agreement (SAExploration Holdings, Inc.)
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ai) Borrower and each other Loan Party shall remain liable under the contracts any contracts, agreements and agreements other documents included in the Collateral Collateral, to the extent set forth therein, to perform all of the its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (bii) the exercise by the any Secured Parties Party of any of the rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such contracts contracts, agreements and agreements other documents included in the Collateral, Collateral and (ciii) the no Secured Parties Party shall not have any obligation or liability under such contracts any contracts, agreements and agreements other documents included in the Collateral by reason of this Agreement, nor shall the any Secured Parties Party be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned such contract, agreement or other document included in the Collateral hereunder.
Appears in 3 contracts
Samples: Security Agreement (Naked Brand Group Inc.), Security Agreement (Naked Brand Group Inc.), Security Agreement (Double Eagle Holdings, Ltd.)
Borrower Remains Liable. Anything herein Notwithstanding anything to the contrary notwithstandingcontained herein, (ai) Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of the Credit Union’s respective duties and obligations thereunder to the same extent as if this Agreement had not been executed, ; (bii) the exercise by the Secured Parties Credit Union of any of the its rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, Collateral and (ciii) the Secured Parties Credit Union shall not have any obligation or liability under such any of the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Secured Parties Credit Union be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder..
Appears in 2 contracts
Samples: Loan and Security Agreement (Ministry Partners Investment Company, LLC), Loan and Security Agreement (Ministry Partners Investment Company, LLC)
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ai) Borrower and each other Loan Party shall remain liable under the contracts any agreements and agreements other documents included in the Collateral Collateral, to the extent set forth therein, to perform all of the its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (bii) the exercise by the Secured Parties Lenders of any of the rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such contracts agreements and agreements other documents included in the Collateral, and (ciii) the Secured Parties Lenders shall not have any obligation or liability under such contracts any agreements and agreements other documents included in the Collateral by reason of this Agreement, nor shall the Secured Parties Lenders be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned such agreement or other document included in the Collateral hereunder.
Appears in 2 contracts
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Borrower’s Collateral to the extent set forth therein to perform all of the its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Parties Lender of any of the rights hereunder shall not release the Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, Collateral and (c) the Secured Parties Lender shall not have any no obligation or liability under such the contracts and agreements included in the Collateral by reason of this AgreementAgreement or any other Loan Document, nor shall the Secured Parties Lender be obligated to perform any of the obligations or duties of the Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Samples: Possession Security Agreement (Americanwest Bancorporation)
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of the its duties and obligations thereunder to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Secured Parties Collateral Agent of any of the rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, and (c) the Secured Parties Collateral Agent shall not have any obligation or liability under such the contracts and agreements included in the Collateral by reason of this Security Agreement, nor shall the Secured Parties Collateral Agent be obligated to perform any of the obligations or duties of the Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Borrower Remains Liable. Anything herein to the contrary ------------------------ notwithstanding, (a) the Borrower and each other Loan Party shall remain liable under the contracts and agreements included in Collateral Agreements to the Collateral extent set forth therein to perform all of the Borrower's duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Parties Agent of any of the rights hereunder shall not release the Borrower or any other Loan Party from any of its the Borrower's duties or obligations under such contracts and agreements included in the Collateral, Collateral Agreements and (c) neither the Agent nor any Secured Parties Party shall not have any obligation or liability under such contracts and agreements included in the Collateral Agreements by reason of this Agreement, nor shall the Agent or any Secured Parties Party be obligated to perform any of the obligations or duties of the Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Borrower Remains Liable. Anything Notwithstanding anything herein to the contrary notwithstanding, contrary: (a) the Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of the its duties and obligations thereunder to the same extent as if this Agreement had not been executed, ; (b) the exercise by the Secured Parties Agent and/or any Bank of any of the rights hereunder shall not release the Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, ; and (c) the Secured Parties Agent shall not have any obligation or liability under such the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Secured Parties Agent be obligated to perform any of the obligations or duties of the Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Samples: Mortgage Warehousing Loan and Security Agreement (American Home Mortgage Holdings Inc)
Borrower Remains Liable. Anything herein to the contrary ----------------------- notwithstanding, (a) the Borrower and each other Loan Party shall remain liable under the contracts and agreements included in Collateral Agreements to the Collateral extent set forth therein to perform all of the Borrower's duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Parties Agent of any of the rights hereunder shall not release the Borrower or any other Loan Party from any of its the Borrower's duties or obligations under such contracts and agreements included in the Collateral, Collateral Agreements and (c) neither the Agent nor any Secured Parties Party shall not have any obligation or liability under such contracts and agreements included in the Collateral Agreements by reason of this Agreement, nor shall the Agent or any Secured Parties Party be obligated to perform any of the obligations or duties of the Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ai) Borrower and each other Loan Party shall remain liable under the contracts any contracts, agreements and agreements other documents included in the Collateral Collateral, to the extent set forth therein, to perform all of the its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (bii) the exercise by the Secured Parties of any of the rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such contracts contracts, agreements and agreements other documents included in the Collateral, and (ciii) the no Secured Parties Party shall not have any obligation or liability under such contracts any contracts, agreements and agreements other documents included in the Collateral by reason of this Agreement, nor shall the any Secured Parties Party be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereundersuch contract, agreement or other document included in the Collateral.
Appears in 1 contract
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral to perform all of the duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Parties Lender of any of the rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such contracts and agreements included in the Collateral, and (c) the Secured Parties Lender shall not have any obligation or liability under such contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Secured Parties Lender be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Samples: Credit and Security Agreement (SAExploration Holdings, Inc.)
Borrower Remains Liable. Anything Notwithstanding anything herein to the contrary notwithstandingcontrary, (a) the Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral Collateral, to the extent set forth therein, to perform all of the its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Parties Bank of any of the its rights hereunder shall not release the Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, and (c) the Secured Parties Bank shall not (i) have any obligation or liability under such the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Secured Parties Agreement or (ii) be obligated to perform any of the obligations or duties of the Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of the its duties and obligations thereunder to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Secured Parties Agent or any Bank of any of the rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, and (c) neither the Secured Parties Agent nor any Bank shall not have any obligation or liability under such the contracts and agreements included in the Collateral by reason of this Security Agreement, nor shall the Secured Parties Agent or any Bank be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Samples: Credit Agreement (Boundless Corp)
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ai) the Borrower and each other Loan Party shall remain liable under the contracts any contracts, agreements and agreements other documents included in the Collateral Collateral, to the extent set forth therein, to perform all of the its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (bii) the exercise by the any Secured Parties Party of any of the rights hereunder shall not release the Borrower or any other Loan Party from any of its duties or obligations under such contracts contracts, agreements and agreements other documents included in the Collateral, Collateral and (ciii) the no Secured Parties Party shall not have any obligation or liability under such contracts any contracts, agreements and agreements other documents included in the Collateral by reason of this Agreement, nor shall the any Secured Parties Party be obligated to perform any of the obligations or duties of the Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned such contract, agreement or other document included in the Collateral hereunder.
Appears in 1 contract
Borrower Remains Liable. Anything herein Notwithstanding anything to the contrary notwithstandingcontained herein, (a) Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of the its respective duties and obligations thereunder to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Secured Parties Party of any of the its rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, and (c) the Secured Parties Party shall not have any obligation or liability under such any of the contracts and agreements included in the Collateral by reason of this Security Agreement, nor shall the Secured Parties Party be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Samples: Pledge and Security Agreement (BeautyKind Holdings, Inc.)
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower and each other Loan Party shall remain liable under the any contracts and agreements included in the Collateral to the extent set forth therein to perform all of the its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Bank Parties of any of the rights hereunder shall not release the Borrower or any other Loan Party from any of its duties or obligations under such any contracts and agreements included in the Collateral, and (c) the Secured Bank Parties shall not have any no obligation or liability under such any contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Secured Bank Parties be obligated to perform any of the obligations or duties of the Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Samples: Credit and Security Agreement (Winstar Communications Inc)
Borrower Remains Liable. Anything herein Notwithstanding anything to the contrary notwithstanding, contained in this Agreement: (a) Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral and obligated to perform all of the its duties and obligations thereunder under such contracts and agreements, to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Parties Lender of any of the its rights hereunder under this Agreement shall not release Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, and (c) the Secured Parties Lender shall not have any no obligation or liability under such the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Secured Parties Lender be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunderto Lender under this Agreement.
Appears in 1 contract
Samples: Security Agreement (Decorize Inc)
Borrower Remains Liable. Anything herein Notwithstanding anything to the contrary notwithstandingcontained herein, (ai) Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of the Credit Union’s respective duties and obligations thereunder to the same extent as if this Agreement had not been executed, ; (bii) the exercise by the Secured Parties Credit Union of any of the its rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, Collateral and (ciii) the Secured Parties Credit Union shall not have any obligation or liability under such any of the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Secured Parties Credit Union be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Ministry Partners Investment Company, LLC)
Borrower Remains Liable. Anything Notwithstanding anything herein to the contrary notwithstandingcontrary, (ai) the Borrower shall remain liable for all obligations under the Collateral and each other Loan Party nothing contained herein is intended or shall be a delegation of duties to the Collateral Agent or any Secured Party, and (ii) the Borrower shall remain liable under the contracts and agreements included in the Collateral to perform all each of the duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Parties of any of the rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such contracts and agreements included in the Collateral, to perform all of the obligations undertaken by it thereunder all in accordance with and (c) pursuant to the terms and provisions thereof and neither the Collateral Agent nor any Secured Parties Party shall not have any obligation or liability under any of such contracts and agreements included in the Collateral by reason of or arising out of this Agreement, Agreement or any other document related thereto nor shall the Secured Parties be obligated to perform any of the obligations or duties of Borrower Collateral Agent or any other Loan Secured Party thereunder have any obligation to make any inquiry as to the nature or sufficiency of any payment received by it or have any obligation to take any action to collect or enforce any claim for payment assigned hereunderrights under any agreement included in the Collateral.
Appears in 1 contract
Samples: Term Loan, Security and Guaranty Agreement (Venoco, Inc.)
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) Borrower and each other Loan Party shall remain liable under the contracts and agreements included in Borrower’s Collateral to the Collateral extent set forth therein to perform all of the its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Parties Lender of any of the rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, Collateral and (c) the Secured Parties Lender shall not have any obligation or liability under such the contracts and agreements included in the Collateral by reason of this AgreementAgreement or any other Loan Document, nor shall the Secured Parties Lender be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of the Borrower's duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Parties either Lender of any of the rights hereunder shall not release Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, Collateral and (c) the Secured Parties neither Lender shall not have any obligation or liability under such the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Secured Parties either Lender be obligated to perform any of the obligations or duties of Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Samples: Security Agreement (Briazz Inc)
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Borrower’s Collateral to the extent set forth therein to perform all of the its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the Cheniere Security Agreement exercise by the Secured Parties Collateral Agent of any of the rights hereunder shall not release the Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, and (c) the no Secured Parties Party shall not have any obligation or liability under such the contracts and agreements included in the Collateral by reason of this AgreementAgreement or any other Loan Document, nor shall the any Secured Parties Party be obligated to perform any of the obligations or duties of the Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower and each other Loan Party shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of the its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Secured Parties Collateral Agent of any of the rights hereunder shall not release the Borrower or any other Loan Party from any of its duties or obligations under such the contracts and agreements included in the Collateral, Collateral and (c) neither the Collateral Agent nor any Secured Parties Party shall not have any obligation or liability under such the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent or any Secured Parties Party be obligated to perform any of the obligations or duties of the Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Seacor Holdings Inc /New/)