Common use of Grantors Remain Liable Clause in Contracts

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 21 contracts

Samples: Credit Agreement (Hi-Crush Partners LP), Credit Agreement (Nine Energy Service, Inc.), Credit Agreement (Nine Energy Service, Inc.)

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Grantors Remain Liable. Anything contained herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts any contracts, licenses and agreements included in the Collateral Collateral, to the extent set forth therein, and will to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent Secured Party of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or the contracts, licenses and agreements included in the Collateral, and (c) neither the Administrative Agent nor any other Secured Party shall not have any obligation or liability under any contracts or contracts, licenses, and agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 15 contracts

Samples: Pledge and Security Agreement (NextWave Wireless Inc.), Intercreditor Agreement (NextWave Wireless Inc.), Intercreditor Agreement (NextWave Wireless Inc.)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall the Grantors will remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its their duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, ; (b) the exercise by the Administrative Agent of any of its rights hereunder shall will not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and ; and (c) neither the Administrative Agent nor any other no Secured Party shall will have any obligation or liability under any contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor will any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 8 contracts

Samples: Pledge and Security Agreement (GENTHERM Inc), Pledge and Security Agreement (GENTHERM Inc), Pledge and Security Agreement (GENTHERM Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (ai) each Grantor shall remain liable under the contracts any contracts, agreements and agreements other documents included in the Collateral Collateral, to the extent set forth therein, and will to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (bii) the exercise by the Administrative Agent of any of its the rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or contracts, agreements and other documents included in the Collateral, and (ciii) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any contracts or contracts, agreements and other documents included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor 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 5 contracts

Samples: Security Agreement (Pacer International Inc), Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable to perform all of its duties and obligations under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent or any other Secured Party of any of its the rights hereunder shall not release any Grantor from any of its duties or obligations under any such the contracts or and agreements included in the Collateral, and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any the contracts or and agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder, and (d) neither the Administrative Agent nor any other Secured Party shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 5 contracts

Samples: Collateral Agreement (RealPage, Inc.), Collateral Agreement (Boot Barn Holdings, Inc.), Collateral Agreement (Realpage Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to which it is a party to the extent set forth therein, and will therein to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent of any of its the rights hereunder shall not release any Grantor from any of its duties or obligations under any such the contracts or and agreements included in the Collateral, Collateral to which it is a party and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any the contracts or and agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder under such contracts and agreements included in the Collateral to which it is a party or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Inphynet South Broward Inc), Credit Agreement (Audio Book Club Inc), Security Agreement (Audio Book Club Inc)

Grantors Remain Liable. Anything Notwithstanding anything herein to the contrary notwithstandingcontrary, (ai) each Grantor shall remain liable under the contracts and agreements any Contracts included in the Collateral Collateral, to the extent set forth therein, and will to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (bii) the exercise by the Administrative Agent of any of its the rights granted to the Administrative Agent hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements Contracts included in the Collateral, and (ciii) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any contracts or agreements such Contracts included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned such Contract included in the Collateral hereunder.

Appears in 4 contracts

Samples: Security Agreement (Neuronetics, Inc.), Security Agreement (Pear Therapeutics, Inc.), Security Agreement (Pear Therapeutics, Inc.)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the Partnership Agreement and the contracts and agreements included in the Collateral to the extent set forth therein, and will shall perform all of its duties and obligations under the Partnership Agreement and such contracts and agreements to the same extent as if this Security Agreement had not been executed, , (b) the exercise by the Administrative Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under the Partnership Agreement and any such contracts or agreements included in the Collateral, and and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under the Partnership Agreement and any such contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Dri I Inc), Partnership Security Agreement (Duane Reade Inc), Partnership Security Agreement (Dri I Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable under the contracts Contracts and agreements included in the Collateral to the extent set forth therein, and will shall perform all of its duties and obligations under such contracts Contracts and agreements to the same extent as if this Security Agreement had not been executed, ; (b) the exercise by the Administrative Agent Secured Party of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts Contracts or agreements included in the Collateral, and ; and (c) neither the Administrative Agent nor any other Secured Party shall not have any obligation or liability under any contracts such Contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Surebeam Corp), Senior Secured Credit Agreement (Surebeam Corp)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Collateral Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and (c) neither the Administrative Collateral Agent nor any other Secured Party shall have any obligation or liability under any contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Collateral Agent nor any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Hi-Crush Partners LP), Junior Lien Pledge and Security Agreement (Flotek Industries Inc/Cn/)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, to the extent permitted by applicable law: (a) each Grantor shall the Grantors will remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its their duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, ; (b) the exercise by the Administrative Collateral Agent of any of its rights hereunder shall will not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and ; and (c) neither the Administrative Agent nor any other no Secured Party shall will have any obligation or liability under any contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor will any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Hanesbrands Inc.), Second Lien Credit Agreement (Hanesbrands Inc.)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Collateral Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and (c) neither the Administrative Collateral Agent nor any other Secured Party shall have any obligation or liability under any contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Collateral Agent nor any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.. Pledge and Security Agreement

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (ai) each Grantor shall remain liable under the contracts and agreements any Contracts included in the Collateral Collateral, to the extent set forth therein, and will to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (bii) the exercise by the Administrative Agent of any of its the rights granted to the Administrative Agent hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements Contracts included in the Collateral, and (ciii) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any contracts or agreements such Contracts included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned such Contract included in the Collateral hereunder.

Appears in 2 contracts

Samples: Security Agreement (Menlo Therapeutics Inc.), Security Agreement (Foamix Pharmaceuticals Ltd.)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will therein to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent of any of its the rights hereunder shall not release any Grantor from any of its duties or obligations under any such the contracts or and agreements included in the Collateral, and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any the contracts or and agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder, and (d) neither the Administrative Agent nor any other Secured Party shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 2 contracts

Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will shall perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, , (b) the exercise by the Administrative Collateral Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and and (c) neither the Administrative Collateral Agent nor any other Secured Party shall have any obligation or liability under any such contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Collateral Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Golfsmith International Holdings Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the such Grantor’s Collateral to the extent set forth therein, and will therein to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent Collateral Trustees of any of its the rights hereunder shall not release any Grantor from any of its duties or obligations under any such the contracts or and agreements included in the Collateral, Collateral and (c) neither none of the Administrative Agent nor Collateral Trustees, any other Representative or any Secured Party shall have any obligation or liability under any the contracts or and agreements included in the Collateral by reason of this Security AgreementAgreement or any other Loan Document, nor shall any of the Administrative Agent nor Collateral Trustees, any Representative or any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunderhereunder or thereunder.

Appears in 1 contract

Samples: Security Agreement (Dynegy Inc /Il/)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will therein to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent or any other Secured Party of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such the contracts or and agreements included in the Collateral, and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any the contracts or and agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder, and (d) neither the Administrative Agent nor any other Secured Party shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (ai) each Grantor shall remain liable under the contracts and agreements any Contracts included in the Collateral Collateral, to the extent set forth therein, and will to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (bii) the exercise by the Administrative Agent of any of its the rights granted to the Administrative Agent hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements Contracts included in the Collateral, and (ciii) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any contracts or agreements such Contracts included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereundersuch Contract included in the Collateral.

Appears in 1 contract

Samples: Security Agreement (Adma Biologics, Inc.)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will therein to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent of any of its the rights hereunder shall not release any Grantor from any of its duties or obligations under any such the contracts or and agreements included in the Collateral, and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any the contracts or and agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder, and (d) neither the Administrative Agent nor any Secured Party shall have any liability in contract or tort for any Grantor's acts or omissions.

Appears in 1 contract

Samples: Collateral Agreement (Restaurant Co of Minnesota)

Grantors Remain Liable. Anything herein Notwithstanding anything to the contrary notwithstanding, contained herein: (ai) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, therein and will shall perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, ; (bii) the exercise by the Administrative Agent of any of its the rights hereunder shall not release any Grantor from any of its duties or obligations under any such the contracts or and agreements included in the Collateral, and ; (ciii) neither the Administrative Agent nor any and each other Secured Party shall not have any obligation or liability under any the contracts or and agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder; and (iv) Administrative Agent and each other Secured Party shall not have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Security Agreement (Advanced Environmental Recycling Technologies Inc)

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Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Collateral Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and (c) neither the Administrative Collateral Agent nor any other Secured Party shall have any obligation or liability under any contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Collateral Agent nor any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (Penn Virginia Corp)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the such Grantor’s Collateral to the extent set forth therein, and will therein to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Collateral Agent of any of its the rights hereunder shall not release any Grantor from any of its duties or obligations under any such the contracts or and agreements included in the Collateral, Collateral and (c) neither the Administrative Collateral Agent nor any other Secured Party shall have any obligation or liability under any the contracts or and agreements included in the Collateral by reason of this Security AgreementAgreement or any other Financing Document, nor shall the Administrative Collateral Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunderhereunder or thereunder.

Appears in 1 contract

Samples: Security Agreement (Cogentrix Energy Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Pledge and Security Agreement (Penn Virginia Corp)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will shall perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, , (b) the exercise by the Administrative Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any such contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any such Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Credit Agreement (Switch & Data, Inc.)

Grantors Remain Liable. Anything herein to the contrary ---------------------- notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will shall perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, , (b) the exercise by the Administrative Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any such contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Jorgensen Earle M Co /De/)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable to perform all of its duties and obligations under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent or any other Secured Party of any of its the rights hereunder shall not release any Grantor from any of its duties or obligations under any such the contracts or and agreements included in the Collateral, and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any the contracts or and agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder, and (d) neither the Administrative Agent nor any other Secured Party shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Collateral Agreement

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts Accounts, Chattel Paper, General Intangibles and agreements other items included in the Collateral to the extent set forth therein, and will therein to perform all of its duties and obligations under such contracts and agreements thereunder to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent Secured Party of any of its the rights hereunder shall not release any Grantor from any of its duties or obligations under the Accounts or any such contracts or agreements other items included in the Collateral, and (c) neither the Administrative Agent Secured Party nor any other Secured Party Lender shall have any obligation or liability under any contracts or agreements Accounts, Chattel Paper, General Intangibles and other items included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor any Secured Party or any Lender be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Quantum Fuel Systems Technologies Worldwide Inc)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, executed (b) the exercise by the Administrative Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Credit Agreement (Hi-Crush Partners LP)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will shall perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, , (b) the exercise by the Administrative Agent Trustee of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements included in the Collateral, and and (c) neither the Administrative Agent Trustee nor any other Secured Party shall have any obligation or liability under any such contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor Trustee or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Jorgensen Earle M Co /De/)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will shall perform all of its duties and obligations under such contracts and agreements agreements, to the same extent as if this Security Agreement had not been executed, ; (b) the exercise by the Administrative Collateral Agent or any other Secured Party of any of its their rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or and agreements included in the Collateral, ; and (c) neither the Administrative Collateral Agent nor any other Secured Party shall have any obligation or liability under any such contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Collateral Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Security Agreement (Bio Nitrogen Corp)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its duties and obligations under such contracts and agreements the Contracts included in the Collateral to the same extent as if this Security Agreement had not been executed, (b) the exercise by the Administrative Agent of any of its rights hereunder shall not release any Grantor from any of its duties or obligations under any such contracts or agreements the Contracts included in the Collateral, and (c) neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any contracts or agreements the Contracts included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor or any other Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder, and (d) neither Administrative Agent nor any other Secured Party shall have any liability in contract or tort for any Grantor’s acts or omissions.

Appears in 1 contract

Samples: Security Agreement (Towerstream Corp)

Grantors Remain Liable. Anything herein to the contrary notwithstanding, : (a) each Grantor shall the Grantors will remain liable under the contracts and agreements included in the Collateral to the extent set forth therein, and will perform all of its duties and obligations under such contracts and agreements to the same extent as if this Security Agreement had not been executed, ; (b) the exercise by the Administrative Agent of any of its rights hereunder shall will not release any Grantor Grantors from any of its duties or obligations under any such contracts or agreements included in the Collateral, and ; and (c) neither the Administrative Agent nor any other no Secured Party shall will have any obligation or liability under any contracts or agreements included in the Collateral by reason of this Security Agreement, nor shall the Administrative Agent nor will any Secured Party be obligated to perform any of the obligations or duties of any Grantor thereunder or to take any action to collect or enforce any claim for payment assigned hereunder.

Appears in 1 contract

Samples: Credit Agreement (Medidata Solutions, Inc.)

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