Common use of Debtor Remains Liable Clause in Contracts

Debtor Remains Liable. Notwithstanding anything herein to the contrary: (a) the Debtor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all its duties and obligations thereunder to the same extent as if this Agreement had not been executed; (b) the exercise by the Collateral Agent of any of the rights or remedies 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 Collateral Agent shall not have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent 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 6 contracts

Samples: General Security Agreement (Warnaco Group Inc /De/), General Security Agreement (Warnaco Group Inc /De/), General Security Agreement (Warnaco Group Inc /De/)

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Debtor Remains Liable. Notwithstanding anything herein to the contrary: contrary contained herein, (ai) the Debtor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all its of Debtor’s respective duties and obligations thereunder to the same extent as if this Agreement had not been executed; ; (bii) the exercise by the Collateral Agent Lender of any of the its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and Collateral and (ciii) the Collateral Agent Lender shall not have any obligation or liability under any of the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent Lender 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 3 contracts

Samples: Loan and Security Agreement (H/Cell Energy Corp), Loan and Security Agreement (Blue Dolphin Energy Co), Loan and Security Agreement (Blue Dolphin Energy Co)

Debtor Remains Liable. Notwithstanding anything herein to the contrary: contrary contained herein: (ai) the Debtor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all its of Debtor’s respective duties and obligations thereunder to the same extent as if this Agreement had not been executed; ; (bii) the exercise by the Collateral Agent Lender of any of the its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and and (ciii) the Collateral Agent Lender shall not have any obligation or liability under any of the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent Lender 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: Loan and Security Agreement (CCF Holdings LLC), Loan and Security Agreement (Community Choice Financial Inc.)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary: 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 Collateral Agent Secured Parties of any of the rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and and (c) the Collateral Agent Secured Parties 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 Collateral Agent Secured Parties 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 (BAXL Holdings, Inc.), Security Agreement (Manhattan Pharmaceuticals Inc)

Debtor Remains Liable. Notwithstanding anything herein to the contrary: (a) the Debtor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all its duties and obligations thereunder to the same extent as if this Security Agreement had not been executed; (b) the exercise by the Collateral Agent Lender of any of the rights or remedies 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 Collateral Agent Lender 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 Collateral Agent Lender 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: General Security Agreement (Maxim Mortgage Corp/), General Security Agreement (Tarpon Industries, Inc.)

Debtor Remains Liable. Notwithstanding anything herein to the contrary: contrary contained herein, (ai) the Debtor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all its of Lender’s respective duties and obligations thereunder to the same extent as if this Agreement had not been executed; ; (bii) the exercise by the Collateral Agent Lender of any of the its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and Collateral and (ciii) the Collateral Agent Lender shall not have any obligation or liability under any of the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent Lender 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: Loan and Security Agreement (Ministry Partners Investment Company, LLC), Loan and Security Agreement (Ministry Partners Investment Company, LLC)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary: contrary notwithstanding, (ai) the Debtor shall remain liable under the contracts any agreements and agreements other documents 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 Agreement had not been executed; , (bii) the exercise by the Collateral Agent Lender of any of the rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts such agreements and agreements other documents included in the Collateral; and , and (ciii) the Collateral Agent Lender shall not have any obligation or liability under the contracts any agreements and agreements other documents included in the Collateral by reason of this Agreement, nor shall the Collateral Agent Lender 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 such agreement or other document included in the Collateral hereunder.

Appears in 2 contracts

Samples: Security Agreement (Idt Spectrum, Inc.), Security Agreement (Idt Spectrum, Inc.)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary: 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 Agreement had not been executed; , (b) the exercise by the Collateral Agent Holder of any of the its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and , and (c) the Collateral Agent Holder shall not have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, Agreement nor shall the Collateral Agent Holder 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: Pledge and Security Agreement (Gryphon Gold Corp), Pledge and Security Agreement (Gryphon Gold Corp)

Debtor Remains Liable. Notwithstanding anything herein to the contrary: contrary contained herein, (ai) 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 respective duties and obligations thereunder to the same extent as if this Agreement had not been executed; , (bii) the exercise by the Collateral Agent Lender of any of the its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and , and (ciii) the Collateral Agent Lender shall not have any obligation or liability under any of the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent Lender 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: Loan and Security Agreement (Legacy Housing Corp), Loan and Security Agreement (Legacy Housing Corp)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary: 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 Agreement had not been executed; ; (b) the exercise by the Collateral Agent Secured Parties of any of the rights or remedies granted hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and and (c) the Collateral Agent Secured Parties shall not have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent Secured Parties 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 (Revcare Inc)

Debtor Remains Liable. Notwithstanding anything herein to the contrary: contrary contained herein, (ai) the Debtor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all its of Debtor’s respective duties and obligations thereunder to the same extent as if this Agreement had not been executed; ; (bii) the exercise by the Collateral Agent of any of the its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and Collateral and (ciii) the Collateral Agent shall not have any obligation or liability under any of the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent 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 (Northstar Healthcare Inc)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary: 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 Agreement had not been executed; ; (b) the exercise by the Collateral Agent of any of the rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and and (c) the Collateral neither Agent nor any Lender shall not have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent nor any Lender 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: Purchase Agreement (Team Communications Group Inc)

Debtor Remains Liable. Notwithstanding anything herein to the contrary: contrary contained herein, (a) the Debtor shall remain liable under the contracts in all material respects 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 Agreement had not been executed; , (b) the exercise by the Collateral Agent Lender of any of the its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and , and (c) the Collateral Agent Lender shall not have any obligation or liability under any of the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent Lender 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: Loan Agreement (Coolbrands International Inc)

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Debtor Remains Liable. Notwithstanding anything herein to the contrary: , (a) the Debtor shall remain liable under the contracts and agreements included in the Collateral Collateral, if any, to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed; , (b) the exercise by the Collateral Agent Trinity of any of the its rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the any contracts and agreements included in the Collateral; and , and (c) the Collateral Agent Trinity shall not have any obligation or liability under the any contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent Trinity 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 hereunderthereunder.

Appears in 1 contract

Samples: Security Agreement (Amcon Distributing Co)

Debtor Remains Liable. Notwithstanding anything herein to the contrary: (a) the Debtor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all its duties and obligations thereunder to the same extent as if this General Security Agreement had not been executed; (b) the exercise by the Collateral Agent of any of the rights or remedies 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 Collateral Agent shall not have any obligation or liability under the contracts and agreements included in the Collateral by reason of this General Security Agreement, nor shall the Collateral Agent 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: General Security Agreement (Nexeo Solutions Finance Corp)

Debtor Remains Liable. Notwithstanding anything herein to the contrary: (a) the Debtor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all its duties and obligations thereunder to the same extent as if this Security Agreement had not been executed; (b) the exercise by the Collateral Agent Trustee of any of the rights or remedies 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 Collateral Agent Trustee 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 Collateral Agent Trustee 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

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary: contrary notwithstanding: (a) the Debtor shall remain liable under the contracts and agreements included in the its Collateral to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Agreement had not been executed; ; (b) the exercise by the Collateral Agent of any of the rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and and (c) the neither Collateral Agent nor any Lender shall not have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent nor any Lender 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: General Security Agreement (Ultralife Batteries Inc)

Debtor Remains Liable. Notwithstanding anything herein to the contrary: If any Collateral consists of contracts or agreements, (a) the Debtor shall remain liable under the such contracts and or agreements included in the Collateral to the extent set forth therein to perform all its of the Debtor's duties and obligations thereunder to the same extent as if this Agreement had not been executed; , (b) the exercise by the Collateral Agent or any Bank of any of the its rights or remedies hereunder under this Agreement shall not release the Debtor from any of its the Debtor's duties under any such contracts or obligations under the contracts agreements, and agreements included in the Collateral; and (c) the Collateral Agent or any Bank shall not have any obligation or liability under the such contracts and or agreements included in the Collateral by reason of this Agreement, nor shall the Collateral Agent or any Bank 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 (Tortoise Capital Resources Corp)

Debtor Remains Liable. Notwithstanding anything Anything herein to the contrary: 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 Agreement had not been executed; , (b) the exercise by the Collateral Agent Holders of any of the their rights or remedies hereunder shall not release the Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral; and , and (c) the Collateral Agent Holders shall not have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, Agreement nor shall the Collateral Agent Holders 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: Pledge Agreement (Winthrop Realty Trust)

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

Appears in 1 contract

Samples: Security Agreement (Opinion Research Corp)

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