Grantors Remain Liable Under Accounts. Notwithstanding anything herein to the contrary, the Grantors shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them or to which they may be entitled at any time or times.
Appears in 8 contracts
Samples: Abl Credit Agreement (Hayward Holdings, Inc.), Term Loan Credit Agreement (PQ Group Holdings Inc.), Abl Credit Agreement (PQ Group Holdings Inc.)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it them thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative Collateral Agent nor any other Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Collateral Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Collateral Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them or to which they may be entitled at any time or times.
Appears in 8 contracts
Samples: Incremental Amendment Agreement (Ciena Corp), Abl Credit Agreement (Ciena Corp), u.s. Security Agreement (Ciena Corp)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors a Grantor shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to each such AccountsAccount. Neither the Administrative Agent nor any other No Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Collateral Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any a Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them it or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them it or to which they it may be entitled at any time or times.
Appears in 6 contracts
Samples: Security Agreement (Graftech International LTD), Security Agreement (Graftech International LTD), Security Agreement (GrafTech Holdings Inc.)
Grantors Remain Liable Under Accounts. Notwithstanding anything herein to the contrary, the Grantors shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them or to which they may be entitled at any time or times.
Appears in 6 contracts
Samples: First Lien Credit Agreement (Isos Acquisition Corp.), Credit Agreement (Knowlton Development Corp Inc), Credit Agreement (Knowlton Development Parent, Inc.)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them or to which they may be entitled at any time or times.
Appears in 4 contracts
Samples: Pledge and Security Agreement (Party City Holdco Inc.), Pledge and Security Agreement (Party City Holdco Inc.), Pledge and Security Agreement (Am-Source, LLC)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative Collateral Agent nor any other Secured Party Creditor shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Collateral Agent or any other Secured Party Creditor of any payment relating to such Account pursuant hereto, nor shall the Administrative Collateral Agent or any other Secured Party Creditor be obligated in any manner to perform any of the obligations of any Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them or to which they may be entitled at any time or times.
Appears in 3 contracts
Samples: Credit Agreement (Bway Parent Company, Inc.), Security Agreement (BWAY Holding CO), Security Agreement (Fleming Companies Inc /Ok/)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors a Grantor shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to each such AccountsAccount. Neither the Administrative Agent nor any other No Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any a Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them it or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them it or to which they it may be entitled at any time or times.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Evenflo Co Inc), Security Agreement (Evenflo & Spalding Holdings Corp), Security Agreement (Evenflo & Spalding Holdings Corp)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors a Grantor shall remain liable under each of the Accounts to observe and perform all of the material conditions and material obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to each such AccountsAccount. Neither the Administrative Agent nor any other Secured No Second Priority Debt Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Agent Second Priority Collateral Trustee or any other Secured Second Priority Debt Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent or any other Secured Second Priority Debt Party be obligated in any manner to perform any of the obligations of any a Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them it or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them it or to which they it may be entitled at any time or times.
Appears in 3 contracts
Samples: Second Priority Subsidiary Security Agreement (Rite Aid Corp), Second Priority Subsidiary Security Agreement (Rite Aid Corp), Second Priority Subsidiary Security Agreement (Rite Aid Corp)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, as between any Grantor and the Grantors Administrative Agent, each Grantor shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to each such AccountsAccount. Neither the Administrative Agent nor any other Secured Party Lender shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Agent or any other Secured Party Lender of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent or any other Secured Party Lender be obligated in any manner to perform any of the obligations of any Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them it or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them it or to which they it may be entitled at any time or times.
Appears in 2 contracts
Samples: Security Agreement (Core Mark International Inc), Credit Agreement (Core Mark International Inc)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors shall remain liable under each of the Accounts (and any agreement giving rise thereto) to observe and perform all of the conditions and obligations to be observed and performed by it them thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative ABL Loan Collateral Agent nor any other Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative ABL Loan Collateral Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative ABL Loan Collateral Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any Grantor under or pursuant with respect to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them or to which they may be entitled at any time or times.
Appears in 1 contract
Samples: Abl Loan First Lien Security Agreement (Par Petroleum Corp/Co)
Grantors Remain Liable Under Accounts. Notwithstanding anything herein to the contrary, the Grantors shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative Collateral Agent nor any other Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Collateral Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Collateral Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them or to which they may be entitled at any time or times.
Appears in 1 contract
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it them thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them or to which they may be entitled at any time or times.
Appears in 1 contract
Samples: Credit Agreement (Centerplate, Inc.)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative Agent Collateral Trustee nor any other Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Agent Collateral Trustee or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent Collateral Trustee or any other Secured Party be obligated in any manner to perform any of the obligations of any Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them or to which they may be entitled at any time or times.
Appears in 1 contract
Samples: Indenture (Party City Holdco Inc.)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative Agent nor any other (a) no Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any a Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them it or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them it or to which they it may be entitled at any time or timestimes and (b) in furtherance of clause (a) each Grantor acknowledges and agrees that it shall remain liable under each of the Accounts to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to each such Account.
Appears in 1 contract
Samples: Security Agreement (Kindercare Learning Centers Inc /De)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors shall remain liable under each of the Accounts (and any agreement giving rise thereto) to observe and perform all of the conditions and obligations to be observed and performed by it them thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative Inventory Collateral Agent nor any other Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Inventory Collateral Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Inventory Collateral Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any Grantor under or pursuant with respect to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them or to which they may be entitled at any time or times.
Appears in 1 contract
Samples: Abl Loan Second Lien Security Agreement (Par Petroleum Corp/Co)
Grantors Remain Liable Under Accounts. Notwithstanding anything Anything herein to the contrarycontrary notwithstanding, the Grantors shall remain liable under each of the Accounts to observe and perform all of the conditions and obligations to be observed and performed by it thereunder, all in accordance with the terms of any agreement giving rise to such Accounts. Neither the Administrative Collateral Agent nor any other Secured Party shall have any obligation or liability under any Account (or any agreement giving rise thereto) by reason of or arising out of this Security Agreement or the receipt by the Administrative Collateral Agent or any other Secured Party of any payment relating to such Account pursuant hereto, nor shall the Administrative Collateral Agent or any other Secured Party be obligated in any manner to perform any of the obligations of any Grantor under or pursuant to any Account (or any agreement giving rise thereto), to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by them or as to the sufficiency of any performance by any party under any Account (or any agreement giving rise thereto), to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to them or to which they may be entitled at any time or times.
Appears in 1 contract
Samples: Pledge and Security Agreement (Affinity Guest Services, LLC)