Borrower to Remain Liable. Anything contained herein to the contrary notwithstanding, (a) Borrower shall remain liable under any contract and agreement 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 and any other Financing Documents had not been executed, (b) the exercise by Lender of any of its rights hereunder shall not release Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral, and (c) Lender shall not have any obligation or liability under any contracts, licenses, and agreements included in the Collateral by reason of this Agreement, nor shall Lender be obligated to perform any of the obligations or duties of Borrower thereunder or to take any action to collect or enforce any claim for payment transferred or assigned hereunder.
Borrower to Remain Liable. Notwithstanding anything to the contrary contained herein, (a) Borrower shall remain liable to perform all of its duties and other obligations under the Loan Agreement to the same extent as if this Agreement had not been executed, and (b) the exercise by Investor of any of its rights hereunder shall not release Borrower from any of its duties or other obligations under the Loan Agreement.
Borrower to Remain Liable. It is expressly agreed by Borrower that Borrower shall remain liable to observe and perform all the conditions and obligations to be observed and performed by it relating to the Trademark Collateral. Secured Party shall not have any obligation or liability under or in relation to the Trademark Collateral by reason of the execution and delivery of this Security Agreement and Secured Party's rights hereunder, or the grant of a security interest by Borrower to Secured Party of, or the receipt in accordance with this Agreement by Secured Party of, any payment relating to any Trademarks, nor shall Secured Party be required or obligated in any manner to perform or fulfill any of the obligations of Borrower relating to the Trademark Collateral or be liable to any party on account of Borrower's use of the Trademark Collateral.
Borrower to Remain Liable. Borrower hereby expressly agrees that, anything herein to the contrary notwithstanding, Borrower shall remain liable under each contract, agreement, interest or obligation assigned by Borrower to Lender hereunder to observe and perform all of the conditions and obligations to be observed and performed by Borrower thereunder, all in accordance with and pursuant to the terms and provisions thereof. The exercise by Lender of any of the rights assigned hereunder shall not release Borrower from any of its duties or obligations under any such contract, agreement, interest or obligation. Lender shall have no duty, responsibility, obligation or liability under any such contract, agreement, interest or obligation by reason of or arising out of the assignment thereof to Lender or the granting to Lender of a Security Interest therein or the receipt by Lender of any payment relating to any such contract, agreement, interest or obligation pursuant hereto, nor shall Lender be required or obligated in any manner to perform or fulfill any of the obligations of Borrower ther eunder or pursuant thereto, or to make any payment, or to make any inquiry as to the nature or sufficiency of any payment received by Lender or the sufficiency of any performance of any party under any such contract, agreement, interest or obligation, or to present or file any claim, or to take any action to collect or enforce any performance of the payment of any amounts which may have been assigned to Lender, in which Lender may have been granted a Security Interest or to which Lender may be entitled at any time or times.
Borrower to Remain Liable. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, (A) BORROWER SHALL REMAIN LIABLE TO PERFORM ALL OF ITS DUTIES AND OTHER OBLIGATIONS UNDER THE LOAN AGREEMENT TO THE SAME EXTENT AS IF THIS AGREEMENT HAD NOT BEEN EXECUTED, AND (B) THE EXERCISE BY INVESTOR OF ANY OF ITS RIGHTS HEREUNDER SHALL NOT RELEASE BORROWER FROM ANY OF ITS DUTIES OR OTHER OBLIGATIONS UNDER THE LOAN AGREEMENT.
Borrower to Remain Liable. Borrower hereby expressly agrees ------------------------- that, anything herein to the contrary notwithstanding, it shall remain liable under each contract, agreement, interest or obligation assigned to Lender hereunder to observe and perform all of the conditions and obligations to be observed and performed by Borrower thereunder, all in accordance with and pursuant to the terms and provisions thereof. Lender shall not have any duty, responsibility, obligation or liability under any such contract, agreement, interest or obligation by reason of or arising out of the assignment thereof to Lender or the granting to Lender of a security interest therein or Lender's receipt of any obligation pursuant hereto, nor shall Lender be required or obligated in any manner to perform or fulfill any of Borrower's obligations thereunder or pursuant thereto, or to make any payment, or to make any inquiry as to the nature or sufficiency of any payment received by it or the sufficiency of any performance of any party under any such contract, agreement, interest or obligation, or to present or file any claim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it, in which it may have been granted a security interest or to which it may be entitled at any time.
Borrower to Remain Liable. Lender and Borrower agrees that the grant of a security interest under this Loan Agreement shall not constitute or result in the creation or assumption by Lender of any Retained Interest or other obligation of Borrower or any other Person in connection with any Eligible REO Entity Pledged Equity or Contributed REO Property, whether or not Lender exercises any right with respect thereto. Borrower and each Eligible REO Entity, as applicable, shall remain liable under the Eligible REO Entity Pledged Equity, Contributed REO Properties and REO Property Documents to perform all of Borrower’s or such Eligible REO Entity’s duties and obligations thereunder to the same extent as if the Loan Documents had not been executed.
Borrower to Remain Liable. The Borrower shall remain liable under and shall preserve the liability of all other parties to each agreement constituting part of the Collateral and shall perform all of its obligations hereunder and thereunder. The exercise by the Secured Party of any of its rights hereunder shall not release the Borrower from any duties under any agreement. The Secured Party has no obligation or liability with respect to any of the Collateral under any agreement by reason or arising out of the assignment thereof to the Secured Party or the granting to the Secured Party of a security interest therein or the receipt by the Secured Party of any payment relating to any such agreement.
Borrower to Remain Liable. Administrative Agent, Xxxxxxx and Xxxxxxxx agree that the grant of a security interest under this Agreement shall not constitute or result in the creation or assumption by Administrative Agent or Lenders of any obligation of Borrower or any other Person in connection with any Pledged Equity or Financed Tax Lien, whether or not Administrative Agent or Lenders exercises any right with respect thereto. Borrower shall remain liable under the Pledged Equity and Financed Tax Liens to perform all of Borrower’s duties and obligations thereunder to the same extent as if the Loan Documents had not been executed.
Borrower to Remain Liable. If the amounts remitted to Lender as provided in Sections 5.02 and 5.03 are insufficient to pay all amounts due and payable from Borrower to Lender under this Agreement or any Loan Document on a Settlement Date, a Repayment Date, upon the occurrence of an Event of Default or otherwise, Borrower shall nevertheless remain liable for and shall pay to Lender when due all such amounts.
