Common use of Grantor Remains Liable Clause in Contracts

Grantor Remains Liable. Anything herein to the contrary notwithstanding: (a) Grantor shall remain liable under the contracts included in the Collateral to the extent set forth therein and as to all other Collateral, and shall perform all of its duties and obligations under such contracts and other Collateral to the same extent as if this Agreement had not been executed; (b) the exercise by Grantee of any of its rights and remedies hereunder shall not operate to release Grantor from any of its duties or obligations under any contracts included in the Collateral and as to any other Collateral; and (c) Grantee shall not have any obligation or liability under any such contracts included in the Collateral or as to any other Collateral by reason of this Agreement, and Grantee shall not be obligated to perform or fulfill any of the obligations or duties of Grantor thereunder or to take any action to collect or to (i) make any inquiry as to the nature or sufficiency of any payment Grantor may be entitled to receive thereunder, (ii) present or file and claim or (iii) enforce any claim for payment assigned hereunder.

Appears in 5 contracts

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

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Grantor Remains Liable. Anything herein to the contrary notwithstanding: , (a) Grantor shall remain solely liable under the contracts and agreements included in the Collateral to the extent set forth therein and as to all other Collateral, and shall perform all of its duties and obligations under such contracts and other Collateral thereunder to the same extent as if this Agreement had not been executed; , (b) the exercise by Grantee Agent of any of its rights and remedies hereunder shall not operate to release Grantor from any of its duties or obligations under any the contracts and agreements included in the Collateral and as to any other Collateral; , and (c) Grantee neither Agent nor the Holders of Secured Obligations shall not have any responsibility, obligation or liability under any such the contracts and agreements included in the Collateral or as to any other Collateral by reason of this Agreement, and Grantee nor shall not Agent or the Holders of Secured Obligations be obligated required or obligated, in any manner, to (i) perform or fulfill any of the obligations or duties of Grantor thereunder thereunder, (ii) make any payment, or to take any action to collect or to (i) make any inquiry as to the nature or sufficiency of any payment received by Grantor may be entitled to receive thereunder, or the sufficiency of any performance by any party under any such contract or agreement or (iiiii) present or file and claim any claim, or (iii) take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 5 contracts

Samples: Consent Agreement (SCP Pool Corp), Security Agreement (Gfsi Inc), Security Agreement (FTD Corp)

Grantor Remains Liable. Anything herein to the contrary notwithstanding: , (a) the Grantor shall remain solely liable under the contracts and agreements included in the Collateral to the extent set forth therein and as to all other Collateral, and shall perform all of its duties and obligations under such contracts and other Collateral thereunder to the same extent as if this Agreement had not been executed; , (b) the exercise by Grantee the Agent of any of its rights and remedies hereunder shall not operate to release the Grantor from any of its duties or obligations under any the contracts and agreements included in the Collateral and as to any other Collateral; , and (c) Grantee neither the Agent nor the Holders of Guaranteed Obligations shall not have any responsibility, obligation or liability under any such the contracts and agreements included in the Collateral or as to any other Collateral by reason of this Agreement, and Grantee nor shall not the Agent or the Holders of Guaranteed Obligations be obligated required or obligated, in any manner, to (i) perform or fulfill any of the obligations or duties of the Grantor thereunder thereunder, (ii) make any payment, or to take any action to collect or to (i) make any inquiry as to the nature or sufficiency of any payment received by the Grantor may be entitled to receive thereunder, or the sufficiency of any performance by any party under any such contract or agreement or (iiiii) present or file and claim any claim, or (iii) take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 4 contracts

Samples: Guarantor Security Agreement (Ag-Chem Equipment Co Inc), Guarantor Security Agreement (Ag-Chem Equipment Co Inc), Guarantor Security Agreement (Ag-Chem Equipment Co Inc)

Grantor Remains Liable. Anything herein to the contrary notwithstanding: , (a) Grantor shall remain solely liable under the contracts and agreements included in the Collateral to the extent set forth therein and as to all other Collateral, and shall perform all of its duties and obligations under such contracts and other Collateral thereunder to the same extent as if this Agreement had not been executed; , (b) the exercise by Grantee Administrative Agent of any of its rights and remedies hereunder shall not operate to release Grantor from any of its duties or obligations under any the contracts and agreements included in the Collateral and as to any other Collateral; , and (c) Grantee neither Administrative Agent nor the Holders of Secured Obligations shall not have any responsibility, obligation or liability under any such the contracts and agreements included in the Collateral or as to any other Collateral by reason of this Agreement, and Grantee nor shall not Administrative Agent or the Holders of Secured Obligations be obligated required or obligated, in any manner, to (i) perform or fulfill any of the obligations or duties of Grantor thereunder thereunder, (ii) make any payment, or to take any action to collect or to (i) make any inquiry as to the nature or sufficiency of any payment received by Grantor may be entitled to receive thereunder, or the sufficiency of any performance by any party under any such contract or agreement or (iiiii) present or file and claim any claim, or (iii) take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 3 contracts

Samples: Security Agreement (Bio Rad Laboratories Inc), Security Agreement (Bio Rad Laboratories Inc), Security Agreement (Bio Rad Laboratories Inc)

Grantor Remains Liable. Anything herein to the contrary notwithstanding: : (a) Grantor shall remain liable under the contracts included in the Collateral to the extent set forth therein and as to all other Collateral, and shall perform all of its duties and obligations under such contracts and other Collateral to the same extent as if this Agreement had not been executed; (b) the exercise by Grantee of any of its rights and remedies hereunder shall not operate to release Grantor from any of its duties or obligations under any contracts included in the Collateral and as to any other Collateral; and (c) Grantee shall not have any obligation or liability under any such contracts included in the Collateral or as to any other Collateral by reason of this Agreement, and Grantee shall not be obligated to perform or fulfill any of the obligations or duties of Grantor thereunder or to take any action to collect or to (i) make any inquiry as to the nature or sufficiency of any payment Grantor may be entitled to receive thereunder, (ii) present or file and claim or (iii) enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (MusclePharm Corp), Security Agreement (Drexler Ryan Charles)

Grantor Remains Liable. Anything herein to the contrary notwithstanding: : (a) Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein and as to all other Collateral, and shall perform all of its duties and obligations under such contracts and other Collateral agreements to the same extent as if this Security Agreement had not been executed; ; (b) the exercise by Grantee of any of its rights and remedies hereunder shall not operate to release Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral and as to any other Collateral; and and (c) Grantee shall not have any obligation or liability under any such contracts or agreements included in the Collateral or as to any other Collateral by reason of this Security Agreement, and Grantee shall not be obligated to perform or fulfill any of the obligations or duties of Grantor thereunder or to take any action to collect or (x) to (i) make any inquiry as to the nature or sufficiency of any payment Grantor may be entitled to receive thereunder, ; (iiy) present or file and claim or (iiiz) enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Security Agreement (Forticell BioScience, Inc.), Security Agreement (Orthovita Inc)

Grantor Remains Liable. (a) Anything herein to the contrary notwithstanding: : (ai) Grantor shall remain liable under the contracts Contracts included in the Collateral to the extent set forth therein and as to all other Collateral, and shall perform all of its material duties and obligations under such contracts Contracts and other Collateral to the same extent as if this Agreement had not been executed; ; (bii) the exercise by Grantee of any of its rights and remedies hereunder shall not operate to release Grantor from any of its duties or obligations under any contracts Contracts included in the Collateral and as to any other Collateral; and and (ciii) Grantee shall not have any obligation or liability under any such contracts Contracts included in the Collateral or as to any other Collateral by reason of this Agreement, and Grantee shall not be obligated to perform or fulfill any of the obligations or duties of Grantor thereunder or to take any action to collect or (A) to (i) make any inquiry as to the nature or sufficiency of any payment Grantor may be entitled to receive thereunder, (iiB) present or file and claim or (iiiC) enforce any claim for payment assigned hereunder. (b) Grantor shall remain liable for any deficiency if the proceeds of any Transfer or other disposition of the Collateral are insufficient to pay all of the Obligations, including any reasonable documented out-of-pocket attorneys’ fees and other reasonable documented out-of-pocket expenses incurred by Grantor, whether to collect such deficiency or otherwise in respect of this Agreement or the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement (Mevion Medical Systems, Inc.)

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Grantor Remains Liable. Anything herein to the contrary notwithstanding: (a) Grantor shall remain liable under the contracts included in the Collateral to the extent set forth therein and as to all other Collateral, and shall perform all of its duties and obligations under such contracts and other Collateral to the same extent as if this Agreement had not been executed; (b) the exercise by Grantee of any of its rights and remedies hereunder shall not operate to release Grantor from any of its duties or obligations under any contracts included in the Collateral and as to any other Collateral; and (c) Grantee shall not have any obligation or liability under any such contracts included in the Collateral or as to any other Collateral by reason of this Agreement, and Grantee shall not be obligated to perform or fulfill any of the obligations or duties of Grantor thereunder or to take any action to collect or to (i) to make any inquiry as to the nature or sufficiency of any payment Grantor may be entitled to receive thereunder, (ii) present or file and claim or (iii) enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Drexler Ryan Charles)

Grantor Remains Liable. Anything herein to the ----------------------- contrary notwithstanding: , (a) the Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein and as to all other Collateral, and shall perform all of its duties and obligations under such contracts and other Collateral thereunder to the same extent as if this Agreement had not been executed; , (b) the exercise by Grantee the Administrative Agent of any of its rights and remedies hereunder shall not operate to release the Grantor from any of its duties or obligations under any the contracts and agreements included in the Collateral (except to the extent that such exercise prevents the Grantor from satisfying such duties and as to any other Collateral; obligations), and (c) Grantee the Administrative Agent shall not have any obligation or liability under any such the contracts and agreements included in the Collateral or as to any other Collateral by reason of this Agreement, and Grantee nor shall not the Administrative Agent be obligated to perform or fulfill any of the obligations or duties of the Grantor thereunder or thereunder, to take make any action payment, to collect or to (i) make any inquiry as to the nature or sufficiency of any payment received by the Grantor may be entitled or the sufficiency of any performance by any party under any such contract or agreement or to receive thereunder, (ii) present take any action to collect or file and claim or (iii) enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Pledge Agreement (Taylor Ann Stores Corp)

Grantor Remains Liable. Anything herein to the contrary notwithstanding: (a) Grantor shall remain liable under the contracts included in the Collateral to the extent set forth therein and as to all other Collateral, and shall perform all of its duties and obligations under such contracts and other Collateral to the same extent as if this Agreement had not been executed; (b) the exercise by Grantee of any of its rights and remedies hereunder shall not operate to release Grantor from any of its duties or obligations under any contracts included in the Collateral and as to any other Collateral; and (c) Grantee shall not have any obligation or liability under any such contracts included in the Collateral or as to any other Collateral by reason of this Agreement, and Grantee shall not be obligated to perform or fulfill any of the obligations or duties of Grantor thereunder or to take any action to collect or to (i) make any inquiry as to the nature or sufficiency of any payment Grantor may be entitled to receive thereunder, (ii) present or file and claim or (iii) enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (MusclePharm Corp)

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