Common use of Borrower Remains Liable Clause in Contracts

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower shall remain liable, under the contracts and agreements 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, (b) the exercise by the Lender of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, and (c) the Lender shall not have any obligation or liability under the contracts and agreements 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 claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Intracel Corp), Loan and Security Agreement (Intracel Corp)

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Borrower Remains Liable. Anything herein to the contrary notwithstanding, : (a) the Borrower shall remain liable, liable under the contracts and agreements 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, ; (b) the exercise by the Lender Agent of any of the rights granted hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, ; and (c) the Lender Agent shall not have any obligation or liability under the contracts and agreements 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 claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (MCG Capital Corp), Security Agreement (Cherokee International Finance Inc)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (ai) the Borrower shall remain liable, liable under the all contracts and agreements 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, (bii) 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 any of the contracts and agreements included in the Collateral, and (ciii) the Lender Lenders shall not have any obligation or liability under any of the contracts and agreements 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 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, (ai) the Borrower shall remain liable, liable under the contracts any agreements and agreements 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, (bii) the exercise by the Lender Lenders of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts such agreements and agreements other documents included in the Collateral, and (ciii) the Lender Lenders shall not have any obligation or liability under the contracts any agreements and agreements 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 claim for payment assigned such agreement or other document included in the Collateral hereunder.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Futureit, Inc.)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower shall remain liable, liable under the contracts and agreements 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 Security Agreement had not been executed, (b) the exercise by the Lender of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, Collateral and (c) the Lender shall not have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Security 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 claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Progenitor Inc)

Borrower Remains Liable. Anything contained herein to the contrary notwithstanding, (a) the Borrower shall remain liable, liable under the contracts and agreements 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, (b) the exercise by the Lender of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, and (c) the Lender shall not have any obligation or liability under the contracts and agreements 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 claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Cidco Inc)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower shall remain liable, liable under the any contracts and agreements 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, (b) the exercise by the Lender Collateral Agent of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, Collateral and (c) the Lender Collateral Agent shall not have any obligation or liability under the any contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Lender Collateral 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 claim for payment assigned hereunder.

Appears in 1 contract

Samples: Credit Agreement (Blue Bird Corp)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a1) the Borrower shall remain liable, liable under the contracts contract[s] and agreements agreement[s] 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 Security Agreement had not been executed, (b2) the exercise by the Lender of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts contract[s] and agreements agreement[s] included in the Collateral, and (c3) the Lender shall not have any obligation or liability under the contracts contract[s] and agreements agreement[s] included in the Collateral by reason of this Security 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 claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Associated Business & Commerce Insurance Corp)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a1) the Borrower shall remain liable, liable under the contracts and agreements 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, ; (b2) the exercise by the Lender Bank of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, ; and (c3) the Lender Bank shall not have any obligation or liability under the contracts and agreements 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 or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Credit Agreement (Jore Corp)

Borrower Remains Liable. Anything Notwithstanding anything herein to the contrary notwithstandingcontrary, (a) the Borrower shall remain liable, liable under the contracts and agreements 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, (b) the exercise by the Lender Bank of any of the its rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, and (c) the Lender Bank shall not (i) have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Lender Agreement or (ii) be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Infiniti Solutions LTD)

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Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower shall remain liable, liable under the contracts and agreements 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, (b) the exercise by the Lender Group of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, Collateral and (c) the Lender Group shall not have any no obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Lender Group be obligated to perform any of the obligations or duties of the Borrower thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Loan Agreement (Naturade Inc)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower shall remain liable, liable under the contracts and agreements 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, (b) the exercise by the Lender of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, Collateral and (c) the Lender shall not have any obligation or liability under the contracts and agreements 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 claim for payment assigned hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Aviron)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower shall remain liable, liable under the contracts and agreements 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 Security Agreement had not been executed, (b) the exercise by the Lender Collateral Agent of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, and (c) the Lender Collateral Agent shall not have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Security Agreement, nor shall the Lender Collateral 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 claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Allion Healthcare Inc)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower shall remain liable, liable under the contracts Contracts and agreements Agreements 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, (b) the exercise by the Secured Lender of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and or agreements included in the Collateral, and (c) the Secured Lender shall have not have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Secured 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 claim for payment assigned hereunderthereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Interactive Telesis Inc)

Borrower Remains Liable. Anything herein to the contrary notwithstanding, (a) the Borrower shall remain liable, liable under the contracts and agreements 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, (b) the exercise by the Lender of any of the rights hereunder shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, Collateral and (c) the Lender shall not have any no obligation or liability under the contracts and agreements 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 claim for payment assigned hereunder.

Appears in 1 contract

Samples: Finance Agreement (Naturade Inc)

Borrower Remains Liable. Anything contained herein to the contrary notwithstanding, (a) the Borrower shall remain liable, liable under the contracts and agreements 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, (b) the exercise by the Lender Bank of any of its rights under the rights hereunder Loan Agreement, Collateral Documents or this Agreement shall not release the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, Collateral and (c) the Lender Bank shall not have any no obligation or liability under the contracts and agreements 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 or to take any action to collect or enforce any claim for payment assigned hereunderthereunder.

Appears in 1 contract

Samples: Security Agreement (Big Buck Brewery & Steakhouse Inc)

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