Common use of Limitation on Assumption of Obligations Clause in Contracts

Limitation on Assumption of Obligations. The Collateral Agent shall not be liable for the performance or observance of any of the obligations or duties of the Assignor under the Assigned Agreement, nor shall the Security Documents give rise to any duties or obligations whatsoever, except that, insofar as the Collateral Agent exercises any of Assignor’s rights under the Assigned Agreement and/or makes any claims with respect to any payments, deliveries or other obligations under the Assigned Agreement, the satisfaction of the terms and conditions of the Assigned Agreement applicable to such exercise of rights or such claims shall be a condition precedent to the Obligor’s obligations with respect thereto. Upon any transfer to a third party of the rights of the Collateral Agent under the Assigned Agreement pursuant to its exercise of its remedies under the Security Documents as described in Section 1.4 below which transfer of the Assigned Agreement shall be subject in all respects to the terms and conditions of the Assigned Agreement, including Section 21.1 thereof (i) the transferee shall succeed to all right, title and interest of the Assignor and the Collateral Agent and (ii) the Collateral Agent shall have no further liabilities, duties or obligations to the Assignor under the Assigned Agreement.

Limitation on Assumption of Obligations. The Collateral Agent Lender shall not be liable for the performance or observance of any of the obligations or duties of the Assignor under the Assigned Agreement, nor shall the Security Documents give rise to any duties or obligations whatsoever, except that, insofar as the Collateral Agent Lender exercises any of Assignor’s rights under the Assigned Agreement and/or makes any claims with respect to any payments, deliveries or other obligations under the Assigned Agreement, the satisfaction of the terms and conditions of the Assigned Agreement applicable to such exercise of rights or such claims shall be a condition precedent to the Obligor’s obligations with respect thereto. Upon any transfer to a third party of the rights of the Collateral Agent Lender under the Assigned Agreement pursuant to its exercise of its remedies Cardinal Ethanol, LLC December 14, 2006 under the Security Documents as described in Section 1.4 below which transfer of the Assigned Agreement shall be subject in all respects to the terms and conditions of the Assigned Agreement, including Section 21.1 thereof (i) the transferee shall succeed to all right, title and interest of the Assignor and the Collateral Agent Lender and (ii) the Collateral Agent Lender shall have no further liabilities, duties or obligations to the Assignor under the Assigned Agreement.

Limitation on Assumption of Obligations. The Collateral Agent shall not be liable for the performance or observance of any of the obligations or duties of the Assignor under the Assigned Agreement, nor shall the Security Documents give rise to any duties or obligations whatsoever, except that, insofar as the Collateral Agent exercises any of Assignor’s rights under the Assigned Agreement and/or makes any claims with respect to any payments, deliveries or other obligations under the Assigned Agreement, the satisfaction of the terms and conditions of the Assigned Agreement applicable to such exercise of rights or such claims shall be a condition precedent to the Obligor’s obligations with respect thereto. Upon any transfer to a third party of First United Ethanol, LLC November 16, 2006 the rights of the Collateral Agent under the Assigned Agreement pursuant to its exercise of its remedies under the Security Documents as described in Section 1.4 below which transfer of the Assigned Agreement shall be subject in all respects to the terms and conditions of the Assigned Agreement, including Section 21.1 thereof (i) the transferee shall succeed to all right, title and interest of the Assignor and the Collateral Agent and (ii) the Collateral Agent shall have no further liabilities, duties or obligations to the Assignor under the Assigned Agreement.

Limitation on Assumption of Obligations. The Collateral Agent shall not be liable for the performance or observance of any of the obligations or duties of the Assignor under the Assigned Agreement, nor shall the Security Documents give rise to any duties or obligations whatsoever, except that, insofar as the Collateral Agent exercises any of Assignor’s rights under the Assigned Agreement and/or makes any claims with respect to any payments, deliveries or other obligations under the Assigned Agreement, the satisfaction of the terms and conditions of the Assigned Agreement applicable to such exercise of rights or such claims shall be a condition precedent to the Obligor’s obligations with respect thereto. Upon any transfer to a third party of One Earth Energy, LLC May 17, 2007 the rights of the Collateral Agent under the Assigned Agreement pursuant to its exercise of its remedies under the Security Documents as described in Section 1.4 below which transfer of the Assigned Agreement shall be subject in all respects to the terms and conditions of the Assigned Agreement, including Section 21.1 thereof (i) the transferee shall succeed to all right, title and interest of the Assignor and the Collateral Agent and (ii) the Collateral Agent shall have no further liabilities, duties or obligations to the Assignor under the Assigned Agreement.