Common use of Debtor Remains Liable Clause in Contracts

Debtor Remains Liable. Anything herein to the contrary notwithstanding: (a) Debtor 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 Security Agreement had not been executed; (b) the exercise by the Secured Party of any of the rights hereunder shall not release Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and (c) the Secured Party 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 Secured Party be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 13 contracts

Samples: Security Agreement (Xa, Inc.), Security Agreement (Xa, Inc.), Security Agreement (Xa, Inc.)

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Debtor Remains Liable. Anything herein Notwithstanding anything to the contrary notwithstanding: contained herein, (a) Debtor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its respective duties and obligations thereunder to the same extent as if this Security Agreement had not been executed; , (b) the exercise by the Secured Party of any of the its rights hereunder shall not release Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; , and (c) the Secured Party shall not have any obligation or liability under any of the contracts and agreements included in the Collateral by reason of this Security Agreement, nor shall the Secured Party be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 7 contracts

Samples: Pledge and Security Agreement (Innovative Food Holdings Inc), Pledge and Security Agreement (Innovative Food Holdings Inc), Pledge and Security Agreement (Innovative Food Holdings Inc)

Debtor Remains Liable. Anything herein to the contrary notwithstanding: , (a) Debtor 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 Security Agreement had not been executed; , (b) the exercise by the Secured Party Administrative Agent of any of the rights hereunder shall not release Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; , and (c) the neither Administrative Agent nor any Secured Party 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 Administrative Agent or any Secured Party be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Doskocil Manufacturing Co Inc), Credit Agreement (Sun Healthcare Group Inc), Security Agreement (Kevco Inc)

Debtor Remains Liable. Anything herein to the contrary notwithstanding: (a) the Debtor 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 Security Agreement had not been executed; , (b) the exercise by the Secured Party of any of the rights hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and , (c) the Secured Party 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 Secured Party be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunderhereunder and (d) the Secured Party shall not have any liability in contract or tort for any act or omission by the Debtor.

Appears in 4 contracts

Samples: Security Agreement (Cardo Medical, Inc.), Security Agreement (Cardo Medical, Inc.), Subscription and Purchase Agreement (Clearant Inc)

Debtor Remains Liable. Anything herein Notwithstanding anything in this Agreement to the contrary notwithstanding: contrary, (a) each Debtor 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 Security Agreement had not been executed; , (b) the exercise by the Secured Party of any of the its rights hereunder under this Agreement shall not release such Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; , and (c) the Secured Party 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 Secured Party be obligated to perform any of the obligations or duties of such Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunderunder this Agreement.

Appears in 3 contracts

Samples: Security Agreement (Standard Gold), Security Agreement (Wits Basin Precious Minerals Inc), Security Agreement (Wits Basin Precious Minerals Inc)

Debtor Remains Liable. Anything herein to the contrary notwithstanding: , (a) Debtor 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 Security Agreement had not been executed; , (b) the exercise by the Secured Party of any of the rights Rights hereunder shall not release Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; , and (c) the Secured Party 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 Secured Party be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (Quest Medical Inc), Security Agreement (Quest Medical Inc)

Debtor Remains Liable. Anything herein to the contrary notwithstanding: (a) Debtor 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 Security Agreement had not been executed; (b) the exercise by the Secured Party of any of the rights hereunder shall not release Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and (c) the Secured Party shall not have any no obligation or liability under the contracts and agreements included in the Collateral by reason of this Security Agreement, nor shall the Secured Party be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder; and (d) Secured Party shall not have any liability in contract or tort for Debtor's acts or omissions.

Appears in 2 contracts

Samples: Security Agreement (Medalist Diversified REIT, Inc.), Security Agreement (Medalist Diversified REIT, Inc.)

Debtor Remains Liable. Anything herein to the contrary notwithstanding: (ai) the Debtor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to and shall perform all of its duties and obligations thereunder to the same extent as if this Security Agreement had not been executed; (bii) the exercise by the Secured Party of any of the rights hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and (ciii) the Secured Party 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 Secured Party be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder; and (iv) Secured Party shall not have any liability in contract or tort for the Debtor’s acts or omissions.

Appears in 2 contracts

Samples: Security Agreement (FNDS3000 Corp), Security Agreement (FNDS3000 Corp)

Debtor Remains Liable. Anything herein to the contrary notwithstanding: , (a) the Debtor 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 Security Agreement had not been executed; (b) the exercise by the Secured Party of any of the rights hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and (c) the Secured Party 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 Secured Party be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (Akerna Corp.), Security Agreement (Sphere 3D Corp)

Debtor Remains Liable. Anything herein to the contrary notwithstanding: (a) Debtor 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 Security Agreement had not been executed; (b) the exercise by the Secured Party of any of the rights hereunder shall not release Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and (c) the Secured Party 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 Secured Party be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (Homecom Communications Inc), Asset Purchase Agreement (Homecom Communications Inc)

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Debtor Remains Liable. Anything herein to the contrary notwithstanding: , (a) Debtor shall remain solely liable under the any 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 Secured Party of any of the rights hereunder shall not release Debtor from any of its duties or obligations under the any contracts and agreements included in the Collateral; , and (c) the Secured Party shall not have any obligation or liability under the any contracts and agreements included in the Collateral by reason of this Security Agreement, nor shall the Secured Party be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Medytox Solutions, Inc.)

Debtor Remains Liable. Anything herein to the contrary notwithstanding: , (a) the Debtor 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 Security Agreement had not been executed; , (b) the exercise by the Secured Party of any of the rights hereunder shall not release any Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; , and (c) the Secured Party 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 Secured Party be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Nuvim Inc)

Debtor Remains Liable. Anything herein Notwithstanding anything to the contrary notwithstanding: contained herein, (a) the Debtor 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 Security Agreement had not been executed; , (b) the exercise by the Secured Party of any of the its rights hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; , and (c) the Secured Party shall not have any obligation or liability under any of the contracts and agreements included in the Collateral by reason of this Security Agreement, Agreement nor shall the Secured Party be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Veritas DGC Inc)

Debtor Remains Liable. Anything herein to the contrary notwithstanding: , (aI) Debtor 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 Security Agreement had not been executed; , (bii) the exercise by the Secured Party of any of the its rights hereunder shall not release Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; , and (ciii) the Secured Party 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 Secured Party be obligated to perform any of the obligations or duties of Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder. 9. [Intentionally Left Blank] 10.

Appears in 1 contract

Samples: Credit Agreement (Maxtor Corp)

Debtor Remains Liable. Anything herein to the contrary notwithstanding: , (ai) Debtor shall remain 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 Security Agreement had not been executed; , (bii) the exercise by the Secured Party of any of the rights hereunder shall not release Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; , and (ciii) the Secured Party shall not have any obligation or liability under the any contracts and agreements included in the Collateral by reason of this Security Agreement, nor shall the Secured Party be obligated to perform any of the obligations or duties of the Debtor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (INVO Bioscience, Inc.)

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