Common use of Borrowers Remain Liable Clause in Contracts

Borrowers Remain Liable. Anything herein to the contrary notwithstanding, (a) Borrowers 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 Lender of any of the rights hereunder shall not release any Borrower or any other Loan Party from any of its duties or obligations under such contracts and agreements included in the Collateral, and (c) Lender shall not have any obligation or liability under such contracts 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 any Borrower or any other Loan Party thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 3 contracts

Samples: Credit and Security Agreement (Charles & Colvard LTD), Credit and Security Agreement (COUPONS.com Inc), Credit and Security Agreement (COUPONS.com Inc)

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Borrowers Remain Liable. Anything herein to the contrary ----------------------- notwithstanding, (a) Borrowers and each other Loan Party Borrower 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 Lender of any of the rights hereunder shall not release any Borrower or any other Loan Party of Borrowers from any of its their respective duties or obligations under such the contracts and agreements included in the Collateral, and (c) 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 Lender be obligated to perform any of the obligations or duties of any Borrower or any other Loan Party of Borrowers thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (Sra International Inc), Security Agreement (Sra International Inc)

Borrowers Remain Liable. Anything contained herein to the contrary notwithstanding, (a) Borrowers and each other Loan Party Borrower shall remain liable under the any 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 Lender Agent of any of the its rights hereunder shall not release any 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) Lender Agent shall not have any obligation or liability under such any contracts and agreements included in the Collateral by reason of this Agreement, nor shall Lender Agent be obligated to perform any of the obligations or duties of any 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: Borrower Security Agreement (Stormedia Inc)

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Borrowers Remain Liable. Anything herein to the contrary notwithstanding, (a) Borrowers and each other Loan Party Borrower 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 Lender the Collateral Agent of any of the rights hereunder shall not release any Borrower or any other Loan Party Borrowers from any of its their duties or obligations under such the contracts and agreements included in the Collateral, and (c) Lender the 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 Lender the Collateral Agent be obligated to perform any of the obligations or duties of any Borrower or any other Loan Party the Borrowers thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Subordination Agreement (Xplore Technologies Corp)

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