Common use of Borrowers Remain Liable Clause in Contracts

Borrowers Remain Liable. Notwithstanding anything in this Agreement to the contrary, (a) each Borrower and the Servicer shall remain liable under the Pool Receivables, Borrower Assigned Agreements and other agreements included in the Collateral to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by the Administrative Agent as agent of the Secured Parties of any of its rights under this Agreement shall not release the Borrowers or the Servicer from any of their respective duties or obligations under the Receivables, the Borrower Assigned Agreements or other agreements included in the Collateral, (c) the Administrative Agent as agent of the Secured Parties shall not have any obligation or liability under the Pool Receivables, the Borrower Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Administrative Agent nor any of the Lenders shall be obligated to perform any of the obligations or duties of the Borrowers or the Servicer under the Pool Receivables, the Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrowers Remain Liable. Notwithstanding anything in this Agreement to the contraryAgreement, (a) except to the extent of ACFS's duties under this Agreement, each Borrower and the Servicer shall remain liable under the Pool Receivables, Series Transaction Documents to which it is a party (the "Borrower Assigned Agreements and other agreements included in the Collateral Agreements") to perform all of their respective its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Administrative Master Collateral Agent as agent of the Secured Parties of any of its rights under this Agreement shall not release the Borrowers any Borrower or the Servicer ACFS from any of their respective duties or obligations under the Receivables, the Borrower Assigned Agreements to which it is a party or other agreements included in the Collateral, (c) the Administrative Agent as agent of Revolver Collateral Agent, the Secured Parties and the Master Collateral Agent shall not have any obligation or liability under the Pool Receivables, the Borrower Assigned Agreements to which it is a party or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Administrative Revolver Collateral Agent, the Master Collateral Agent nor any of the Lenders Secured Parties shall be obligated to perform any of the obligations or duties of the Borrowers or the Servicer ACFS under the Pool Receivables, the Borrower Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrowers Remain Liable. Notwithstanding anything in this Agreement Anything herein to the contrary, contrary notwithstanding: (a) each Borrower and the Servicer Borrowers shall remain liable under the Pool Receivables, Borrower Assigned Agreements contracts and other agreements included in the Collateral to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement or the other Loan Documents had not been executed, ; (b) the exercise by the Administrative the Agent as agent of or the Secured Parties Lenders of any of its their respective rights under this Agreement or the other Loan Documents shall not release the Borrowers or the Servicer from any of their respective duties or obligations to the parties under the Receivables, the Borrower Assigned Agreements or other contracts and agreements included in the Collateral, ; (c) neither the Administrative Agent as agent of the Secured Parties nor any Lender shall not have any obligation or liability under the Pool Receivables, the Borrower Assigned Agreements or other contracts and agreements included in the Collateral by reason of this AgreementAgreement or the other Loan Documents, and (d) neither the Administrative Agent nor any of the Lenders Lender shall be obligated to perform any of the obligations or duties of the Borrowers or the Servicer under the Pool Receivables, the Borrower Assigned Agreements or other agreements included in the Collateral thereunder or to take any action to collect or enforce any claim for payment assigned under this AgreementAgree ment or the other Loan Documents; and (d) neither Agent nor any Lender shall have any liability in contract or tort for Borrowers' acts or omissions.

Borrowers Remain Liable. Notwithstanding anything in this Agreement Anything herein to the contrary, contrary notwithstanding: (a) each Borrower and the Servicer Borrowers shall remain liable under the Pool Receivables, Borrower Assigned Agreements contracts and other agreements included in the Collateral to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement or the other Loan Documents had not been executed, ; (b) the exercise by the Administrative the Agent as agent of or the Secured Parties Lenders of any of its their respective rights under this Agreement or the other Loan Documents shall not release the Borrowers or the Servicer from any of their respective duties or obligations to the parties under the Receivables, the Borrower Assigned Agreements or other contracts and agreements included in the Collateral, ; (c) neither the Administrative Agent as agent of the Secured Parties nor any Lender shall not have any obligation or liability under the Pool Receivables, the Borrower Assigned Agreements or other contracts and agreements included in the Collateral by reason of this AgreementAgreement or the other Loan Documents, and (d) neither the Administrative Agent nor any of the Lenders Lender shall be obligated to perform any of the obligations or duties of the Borrowers or the Servicer under the Pool Receivables, the Borrower Assigned Agreements or other agreements included in the Collateral thereunder or to take any action to collect or enforce any claim for payment assigned under this AgreementAgreement or the other Loan Documents; and (d) neither Agent nor any Lender shall have any liability in contract or tort for Borrowers' acts or omissions.

Borrowers Remain Liable. Notwithstanding anything in this Agreement to the contraryAgreement, (a) except to the extent of ACFS's duties under the Credit Agreement and this Agreement, each Borrower and the Servicer shall remain liable under the Pool Receivables, Series Transaction Documents to which it is a party (the "Borrower Assigned Agreements and other agreements included in the Collateral Agreements") to perform all of their respective its duties and obligations thereunder to the same extent as if this Agreement had not been executed, (b) the exercise by a Secured Party or the Administrative Lender Collateral Agent as agent of the Secured Parties of any of its rights under this Agreement or the Credit Agreement shall not release the Borrowers any Borrower or the Servicer ACFS from any of their respective duties or obligations under the Receivables, the Borrower Assigned Agreements to which it is a party or other agreements included in the Revolver Collateral, (c) the Administrative Agent as agent of Agent, the Secured Parties and the Lender Collateral Agent shall not have any obligation or liability under the Pool Receivables, the Borrower Assigned Agreements or other agreements included in the Revolver Collateral by reason of this Agreement or the Credit Agreement, and (d) neither the Administrative Agent, the Lender Collateral Agent nor any of the Lenders Secured Parties shall be obligated to perform any of the obligations or duties of the Borrowers or the Servicer ACFS under the Pool Receivables, the Borrower Assigned Agreements or other agreements included in the Revolver Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.

Borrowers Remain Liable. Notwithstanding anything in this Agreement Anything herein to the contrary, contrary notwithstanding: (ai) each Borrower and the Servicer Borrowers shall remain liable under the Pool Receivables, Borrower Assigned Agreements contracts and other agreements included in the Collateral to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement or the other Loan Documents had not been executed, ; (bii) the exercise by the Administrative Agent as agent of the Secured Parties of any of its the rights under this Agreement or the other Loan Documents shall not release the any Borrowers or the Servicer from any of their respective its duties or obligations to the parties under the Receivables, the Borrower Assigned Agreements or other contracts and agreements included in the Collateral, ; (ciii) the Administrative neither Agent as agent of the Secured Parties nor any Lender shall not have any obligation or liability under the Pool Receivables, the Borrower Assigned Agreements or other contracts and agreements included in the Collateral by reason of this AgreementAgreement or the other Loan Documents, and (d) neither the Administrative nor shall Agent nor any of the Lenders shall Lender be obligated to perform any of the obligations or duties of the Borrowers or the Servicer under the Pool Receivables, the any Borrower Assigned Agreements or other agreements included in the Collateral thereunder or to take any action to collect or enforce any claim for payment assigned under this AgreementAgreement or the other Loan Documents; and (iv) neither Agent nor any Lender shall have any liability in contract or tort for any Borrower’s acts or omissions.