Common use of Continuing Liability Under Collateral Clause in Contracts

Continuing Liability Under Collateral. Notwithstanding anything herein to the contrary, (i) each Grantor shall remain liable for all obligations under the Collateral to the same extent as if this Agreement had not been executed and nothing contained herein is intended or shall be a delegation of duties to Lilly, (ii) each Grantor shall remain liable under each of the agreements included in the Collateral, to perform all of the obligations undertaken by it thereunder all in accordance with and pursuant to the terms and provisions thereof to the same extent as if this Agreement had not been executed and Lilly shall not have any obligation or liability under any of such agreements by reason of or arising out of this Agreement or any other document related thereto nor shall Lilly 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 rights under any agreement included in the Collateral, and (iii) the exercise by Lilly of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral.

Appears in 3 contracts

Samples: Security Agreement, Assumption Agreement (Amylin Pharmaceuticals Inc), Security Agreement (Amylin Pharmaceuticals Inc)

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Continuing Liability Under Collateral. Notwithstanding anything herein to the contrary, (i) each Grantor the Borrower shall remain liable for all obligations under the Collateral to the same extent as if this Agreement had not been executed and nothing contained herein is intended or shall be a delegation of duties to Lilly, the Lender and (ii) each Grantor the Borrower shall remain liable under each of the agreements included in the Collateral, including, without limitation, any agreements relating to Pledged Partnership Interests or Pledged LLC Interests, to perform all of the obligations undertaken by it thereunder all in accordance with and pursuant to the terms and provisions thereof to and the same extent as if this Agreement had not been executed and Lilly Lender shall not have any no obligation or liability under any of such agreements by reason of or arising out of this Agreement or any other document related thereto nor shall Lilly the Lender 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 rights under any agreement included in the Collateral, and including, without limitation, any agreements relating to Pledged Partnership Interests or Pledged LLC Interests, (iii) the exercise by Lilly the Lender of any of its rights hereunder shall not release any Grantor the Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral.

Appears in 1 contract

Samples: Credit and Security Agreement (Delphax Technologies Inc)

Continuing Liability Under Collateral. Notwithstanding anything herein to the contrary, (i) each Grantor the Company shall remain liable for all obligations under the Collateral to the same extent as if this Agreement had not been executed and nothing contained herein is intended or shall be a delegation of duties to LillyMTF, (ii) each Grantor the Company shall remain liable under each of the agreements included in the Collateral, to perform all of the obligations undertaken by it thereunder all in accordance with and pursuant to the terms and provisions thereof to the same extent as if this Agreement had not been executed and Lilly MTF shall not have any obligation or liability under any of such agreements by reason of or arising out of this Agreement or any other document related thereto nor shall Lilly MTF 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 rights under any agreement included in the Collateral, and (iii) the exercise by Lilly MTF of any of its rights hereunder shall not release any Grantor the Company from any of its duties or obligations under the contracts and agreements included in the Collateral.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Bone Biologics, Corp.)

Continuing Liability Under Collateral. Notwithstanding anything herein to the contrary, (i) each Grantor Borrower shall remain liable for all obligations under the Collateral to the same extent as if this Agreement had not been executed and nothing contained herein is intended or shall be a delegation of duties to Lillythe Lender, (ii) each Grantor Borrower shall remain liable under each of the agreements included in the Collateral, including, without limitation, any agreements relating to Pledged Stock, to perform all of the obligations undertaken by it thereunder all in accordance with and pursuant to the terms and provisions thereof to and the same extent as if this Agreement had not been executed and Lilly Lender shall not have any no obligation or liability under any of such agreements by reason of or arising out of this Agreement or any other document related thereto nor shall Lilly the Lender 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 rights under any agreement included in the Collateral, including, without limitation, any agreements relating to Pledged Stock, and (iii) the exercise by Lilly the Lender of any of its rights hereunder shall not release any Grantor Borrower from any of its duties or obligations under the contracts and agreements included in the Collateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (CenterState Banks, Inc.)

Continuing Liability Under Collateral. Notwithstanding anything herein to the contrary, (i) each Grantor shall remain liable for all obligations under the Collateral to the same extent as if this Agreement had not been executed and nothing contained herein is intended or shall be a delegation of duties to Lillythe Lender, (ii) each Grantor shall remain liable under each of the agreements included in the Collateral, including, without limitation, any agreements relating to Pledged Stock, to perform all of the obligations undertaken by it thereunder all in accordance with and pursuant to the terms and provisions thereof to and the same extent as if this Agreement had not been executed and Lilly Lender shall not have any no obligation or liability under any of such agreements by reason of or arising out of this Agreement or any other document related thereto nor shall Lilly the Lender 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 rights under any agreement included in the Collateral, including, without limitation, any agreements relating to Pledged Stock, and (iii) the exercise by Lilly the Lender of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under the any contracts and or agreements included in the Collateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (First Foundation Inc.)

Continuing Liability Under Collateral. Notwithstanding anything herein to the contrary, (i) each Grantor shall remain liable for all obligations under the Collateral to the same extent as if this Agreement had not been executed and nothing contained herein is intended or shall be a delegation of duties to Lillythe Secured Party, (ii) each Grantor shall remain liable under each of the agreements included in the Collateral, to perform all of the obligations undertaken by it thereunder all in accordance with and pursuant to the terms and provisions thereof to and the same extent as if this Agreement had not been executed and Lilly Secured Party shall not have any obligation or liability under any of such agreements by reason of or arising out of this Agreement or any other document related thereto nor shall Lilly the Secured Party 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 rights under any agreement included in the Collateral, and (iii) the exercise by Lilly the Secured Party of any of its rights hereunder shall not release any the Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral.

Appears in 1 contract

Samples: Security Agreement (Hansen Medical Inc)

Continuing Liability Under Collateral. Notwithstanding anything herein to the contrary, (i) each Grantor shall remain liable for all obligations under the Collateral to the same extent as if this Agreement had not been executed and nothing contained herein is intended or shall be a delegation of duties to Lillythe Applicable Authorized Representative or any Secured Party, (ii) each Grantor shall remain liable under each of the agreements included in the Collateral, to perform all of the obligations undertaken by it thereunder all in accordance with and pursuant to the terms and provisions thereof to and neither the same extent as if this Agreement had not been executed and Lilly Applicable Authorized Representative nor any Secured Party shall not have any obligation or liability under any of such agreements by reason of or arising out of this Agreement or any other document related thereto nor shall Lilly the Applicable Authorized Representative nor any Secured Party 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 rights under any agreement included in the Collateral, and (iii) the exercise by Lilly the Applicable Authorized Representative of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral.

Appears in 1 contract

Samples: Security Agreement (Las Vegas Sands Corp)

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Continuing Liability Under Collateral. Notwithstanding anything herein to the contrary, (ia) each Grantor the Pledgor shall remain liable for all obligations under in respect of the Collateral to the same extent as if this Agreement had not been executed and nothing contained herein is intended or shall be a delegation of duties to Lillythe Lender, (iib) each Grantor the Pledgor shall remain liable under each of the agreements included in the Collateral, including any agreements relating to Pledged Equity Interests, to perform all of the obligations undertaken by it thereunder all in accordance with and pursuant to the terms and provisions thereof to and the same extent as if this Agreement had not been executed and Lilly Lender shall not have any obligation or liability under any of such agreements by reason of or arising out of this Agreement or any other document related thereto nor shall Lilly the Lender 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 rights under any agreement included in the Collateral, including, without limitation, any agreements relating to Pledged Equity Interests, and (iiic) the exercise by Lilly the Lender of any of its rights hereunder shall not release any Grantor the Pledgor from any of its duties or obligations under the contracts and agreements included in the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Sunpower Corp)

Continuing Liability Under Collateral. Notwithstanding anything herein to the contrary, (ia) each Grantor shall remain liable for all obligations under the Collateral to the same extent as if this Agreement had not been executed and nothing contained herein is intended or shall be a delegation of duties thereunder to Lillythe Collateral Trustee or any other Secured Party, (iib) each Grantor shall remain liable under each of the agreements included in the Collateral, Collateral to perform all of the obligations undertaken by it thereunder all in accordance with and pursuant to the terms and provisions thereof to and neither the same extent as if this Agreement had not been executed and Lilly Collateral Trustee nor any other Secured Party shall not have any obligation or liability under any of such agreements by reason of or arising out of this Agreement or any other document related thereto nor shall Lilly the Collateral Trustee nor any other Secured Party 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 rights under any agreement included in the Collateral, Collateral and (iiic) the exercise by Lilly the Collateral Trustee of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements included in the Collateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (Tesla Motors Inc)

Continuing Liability Under Collateral. Notwithstanding anything herein to the contrary, (i) each Grantor shall remain liable for all obligations under the Collateral to the same extent as if this Agreement had not been executed and nothing contained herein is intended or shall be a delegation of duties to Lillythe Collateral Agent or any Secured Party, (ii) each Grantor shall remain liable under each of the leases, licenses, contracts or other agreements included in the Collateral, Collateral to perform all of the obligations undertaken by it thereunder all in accordance with and pursuant to the terms and provisions thereof to and neither the same extent as if this Agreement had not been executed and Lilly Collateral Agent nor any Secured Party shall not have any obligation or liability under any of such agreements agreement by reason of or arising out of this Agreement or any other document related thereto relating hereto, nor shall Lilly the Collateral Agent or any Secured Party 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 rights under any agreement included in the Collateralsuch agreement, and (iii) the exercise by Lilly the Collateral Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under the contracts and agreements any lease, license, contract or other agreement included in the Collateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (Kraton Performance Polymers, Inc.)

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