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 Agreement had not been executed, (b) the exercise by the Agent 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) neither the Agent nor any Lender shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, the Loan Agreement or any other Transaction Document, nor shall the Agent or 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 4 contracts
Samples: Company General Security Agreement (Acura Pharmaceuticals, Inc), Company General Security Agreement (Acura Pharmaceuticals, Inc), General Security Agreement (Acura Pharmaceuticals, Inc)
Debtor Remains Liable. Anything herein Notwithstanding anything to the --------------------- contrary notwithstandingcontained 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 Agreement had not been executed, (b) the exercise by the Agent 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 Collateral, and (c) neither the Agent nor any Lender Bank shall have any obligation or liability under any of the contracts and agreements included in the Collateral by reason of this Agreement, the Loan Agreement or any other Transaction Document, nor shall the Agent or any Lender 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 2 contracts
Samples: Credit Agreement (Cellstar Corp), Credit Agreement (Cellstar Corp)
Debtor Remains Liable. Anything herein to the contrary notwithstanding, (a) the Debtor shall remain liable under the contracts and agreements included in or relating to 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 Agent Lender 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 or relating to the Collateral Collateral, and (c) neither the Agent nor any Lender shall not have any obligation or liability under the contracts and agreements included in or relating to the Collateral by reason of this Agreement, the Loan Agreement or any other Transaction Document, nor shall the Agent or 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 2 contracts
Samples: Security Agreement (Arch Capital Group LTD), Letter of Credit and Reimbursement Agreement (Arch Capital Group LTD)
Debtor Remains Liable. Anything herein to the contrary notwithstanding, : (a) the Debtor shall remain 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 Agreement had not been executed, ; (b) as between the Debtor and the Collateral Agent, the exercise by the Collateral Agent of any of the rights hereunder shall not release the Debtor from any of its duties or obligations under the any contracts and agreements agreement included in the Collateral Collateral; and (c) neither the Collateral Agent nor any Lender shall not have any obligation or liability under the any contracts and agreements included in the Collateral by reason of this Agreement, the Loan Agreement or any other Transaction Document, nor shall the Collateral Agent or any Lender be obligated to perform or fulfill any of the obligations or duties of the Debtor thereunder thereunder, including any obligation to make any inquiry as to the nature or sufficiency of any payment the Debtor may be entitled to receive thereunder, to present or file any claim, or to take any action to collect or enforce any claim for payment assigned hereunderthereunder.
Appears in 2 contracts
Samples: Term Loan Agreement (Pride International Inc), Revolving Credit Agreement (Pride International Inc)
Debtor Remains Liable. Anything herein to the contrary notwithstanding, (a) the Debtor shall remain liable under the contracts and agreements included in or relating to 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 Security Agent 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 or relating to the Collateral Collateral, and (c) neither the Security Agent nor any Lender and the Secured Parties shall not have any obligation or liability under the contracts and agreements included in or relating to the Collateral by reason of this Agreement, the Loan Agreement or any other Transaction Document, nor shall the Security Agent or any Lender the 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: Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.), Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.)
Debtor Remains Liable. Anything herein to the contrary notwithstanding, (ai) the each Debtor shall remain liable under the contracts any contracts, 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 of any of the rights hereunder shall not release the such Debtor from any of its duties or obligations under the contracts such contracts, agreements and agreements other documents included in the Collateral Collateral, and (ciii) neither the Collateral Agent nor any Lender shall not have any obligation or liability under the contracts any contracts, agreements and agreements other documents included in the Collateral by reason of this Agreement, the Loan Agreement or any other Transaction Document, nor shall the Collateral Agent or any Lender be obligated to perform any of the obligations or duties of the such Debtor thereunder or to take any action to collect or enforce any claim for payment assigned such contract, agreement or other document included in the Collateral hereunder.
Appears in 2 contracts
Samples: Security Agreement (Chalone Wine Group LTD), Note Purchase Agreement (Chalone Wine Group LTD)
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 Agreement had not been executed, (b) the exercise by the Agent Administrative Lender 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 Collateral, and (c) neither the Agent Administrative Lender nor any Lender Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, the Loan Agreement nor shall Administrative Lender or any other Transaction Document, nor shall the Agent or any Lender 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: Credit Agreement (Sun Healthcare Group Inc), Security Agreement (Power One Inc)
Debtor Remains Liable. Anything herein to the contrary notwithstanding, (ai) the Debtor shall remain liable under the contracts any contracts, 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 of any of the rights hereunder shall not release the such Debtor from any of its duties or obligations under the contracts such contracts, agreements and agreements other documents included in the Collateral Collateral, and (ciii) neither the Collateral Agent nor any Lender shall not have any obligation or liability under the contracts any contracts, agreements and agreements other documents included in the Collateral by reason of this Agreement, the Loan Agreement or any other Transaction Document, nor shall the Collateral Agent or any Lender be obligated to perform any of the obligations or duties of the such Debtor thereunder or to take any action to collect or enforce any claim for payment assigned such contract, agreement or other document included in the Collateral hereunder.
Appears in 1 contract
Debtor Remains Liable. Anything herein to the contrary notwithstanding, (ai) the Debtor shall remain liable under the contracts any contracts, 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 Agent Secured Parties of any of the rights hereunder shall not release the Debtor from any of its duties or obligations under the contracts such contracts, agreements and agreements other documents included in the Collateral Collateral, and (ciii) neither the Agent nor any Lender Secured Parties shall not have any obligation or liability under the contracts any contracts, agreements and agreements other documents included in the Collateral by reason of this Agreement, the Loan Agreement or any other Transaction Document, nor shall the Agent or any Lender 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 such contract, agreement or other document included in the Collateral hereunder.
Appears in 1 contract
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 Agreement had not been executed, (b) the exercise by the Agent 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) neither the Agent nor any Lender Purchaser shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Agreement, the Loan Purchase Agreement or any other Transaction DocumentDocument (as defined in the Subordination Agreement), nor shall the Agent or any Lender Purchaser 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: Company General Security Agreement (Halsey Drug Co Inc/New)
Debtor Remains Liable. Anything herein to the contrary notwithstanding, (ai) the Debtor shall remain liable under the contracts any contracts, 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 Administrative Agent of any of the rights hereunder shall not release the Debtor from any of its duties or obligations under the contracts such contracts, agreements and agreements other documents included in the Collateral and (ciii) neither the Administrative Agent nor any other Lender shall have any obligation or liability under the contracts any contracts, agreements and agreements other documents included in the Collateral by reason of this Agreement, nor shall the Loan Agreement Administrative Agent or any other Transaction Document, nor shall the Agent or 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 such contract, agreement or other document included in the Collateral hereunder.
Appears in 1 contract
Samples: Credit Agreement (Getty Images Inc)
Debtor Remains Liable. Anything herein to the contrary notwithstanding, (ai) the Debtor shall remain liable under the contracts any contracts, 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 Administrative Agent of any of the rights hereunder shall not release the Debtor from any of its duties or obligations under the contracts such contracts, agreements and agreements other documents included in the Collateral Collateral, and (ciii) neither the Administrative Agent nor any other Lender shall have any obligation or liability under the contracts any contracts, agreements and agreements other documents included in the Collateral by reason of this Agreement, nor shall the Loan Agreement Administrative Agent or any other Transaction Document, nor shall the Agent or 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 such contract, agreement or other document included in the Collateral hereunder.
Appears in 1 contract
Debtor Remains Liable. Anything Notwithstanding anything herein to the contrary notwithstanding, 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 of its duties and obligations thereunder to the same extent as if this Security Agreement had not been executed, ;
(b) the exercise by the 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 Collateral; and
(c) neither the 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, the Loan Agreement or any other Transaction Document, nor shall the Agent or 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 (Tarpon Industries, Inc.)
Debtor Remains Liable. Anything herein to the 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 Security Agreement had not been executed, ; (b) the exercise by the Agent Security Trustee or any Beneficiary of any of the rights hereunder shall not release the any Debtor from any of its duties or obligations under the contracts and agreements included in the Collateral Collateral; and (c) neither the Agent Security Trustee nor any Lender Beneficiary shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Security Agreement, the Loan Agreement or any other Transaction Document, nor shall the Agent Security Trustee or any Lender Beneficiary 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 (Wakefield Cable Communications LTD)
Debtor Remains Liable. Anything herein to the contrary notwithstanding, (ai) the Debtor shall remain liable under the contracts and agreements included in the Debtor's Collateral to the extent set forth therein to perform all of its duties and obligations thereunder to the same extent as if this Company Security Agreement had not been executed, (bii) the exercise by the Agent 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) neither the Agent nor any Lender Purchaser shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Company Security Agreement, the Loan Purchase Agreement or any other Transaction Document, nor shall the Agent or any Lender Purchaser 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: Company General Security Agreement (Halsey Drug Co Inc/New)
Debtor Remains Liable. Anything herein to the contrary notwithstanding, (a) the Debtor shall remain liable under the contracts and agreements included in the Collateral all Assigned Agreements, 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, (b) the exercise by the Agent or any of the other Secured Parties 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 such Assigned Agreements, and (c) neither the Agent nor any Lender of the other Secured Parties shall have any obligation or liability under the contracts and agreements included in the Collateral any Assigned Agreements by reason of this Agreement, the Loan Agreement or any other Transaction Document, nor shall the Agent or any Lender of the other 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 such contract, agreement or other document included in the Collateral hereunder.
Appears in 1 contract
Samples: Credit Agreement (Gsi Group Inc)