Loan Parties Remain Liable. Notwithstanding anything in this Agreement, (a) the Loan Parties shall remain liable under the Collateral Obligations, Assigned Agreements and other agreements included in the Collateral 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 a Secured Party or the Collateral Agent of any of its rights under this Agreement shall not release the Loan Parties or the Servicer from any of their respective duties or obligations under the Collateral Obligations, Assigned Agreements or other agreements included in the Collateral, (c) the Secured Parties and the Collateral Agent shall not have any obligation (to perform or otherwise) or liability under the Collateral Obligations, Assigned Agreements or other agreements included in the Collateral by reason of this Agreement, and (d) neither the Collateral Agent nor any of the Secured Parties shall be obligated to perform any of the obligations or duties of the Loan Parties or the Servicer under the Collateral Obligations, Assigned Agreements or other agreements included in the Collateral or to take any action to collect or enforce any claim for payment assigned under this Agreement.
Appears in 6 contracts
Samples: Loan Financing and Servicing Agreement (Golub Capital Direct Lending Corp), Loan Financing and Servicing Agreement (Golub Capital BDC 3, Inc.), Loan Financing and Servicing Agreement (Golub Capital BDC 4, Inc.)
Loan Parties Remain Liable. Notwithstanding anything in this Agreement, Anything herein to the contrary notwithstanding:
(a) the each Loan Parties Party shall remain liable under the Collateral Obligations, Assigned Agreements contracts and other 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 or the other Loan Documents had not been executed, ; (b) the exercise by a Secured Party or the Collateral Agent of any of its the rights under this Agreement or the other Loan Documents shall not release the any Loan Parties or the Servicer Party from any of their respective duties or obligations to the parties under the Collateral Obligations, Assigned Agreements or other contracts and agreements included in the Collateral, ; (c) the Secured Parties and the Collateral neither Agent nor any Lender shall not have any obligation (to perform or otherwise) or liability under the Collateral Obligations, Assigned Agreements or other contracts and agreements included in the Collateral by reason of this AgreementAgreement or the other Loan Documents, and (d) neither the Collateral nor shall Agent nor any of the Secured Parties shall Lender be obligated to perform any of the obligations or duties of the any Loan Parties or the Servicer under the Collateral Obligations, Assigned Agreements or other agreements included in the Collateral Party thereunder or to take any action to collect or enforce any claim for payment assigned under this AgreementAgreement or the other Loan Documents; and (d) neither Agent nor any Lender shall have any liability in contract or tort for any Loan Party's acts or omissions.
Appears in 2 contracts
Samples: Loan and Security Agreement (BNS Holding, Inc.), Loan and Security Agreement (BNS Holding, Inc.)
Loan Parties Remain Liable. Notwithstanding anything in this Agreement, Anything herein to the contrary notwithstanding:
(a) the each Loan Parties shall remain liable under the Collateral Obligations, Assigned Agreements contracts and other agreements included in the Collateral to the extent set forth therein to perform all of its their respective duties and obligations thereunder to the same extent as if this Agreement or the other Loan Documents had not been executed, ; (b) the exercise by a Secured Party or the Collateral Agent of any of its the rights under this Agreement or the other Loan Documents shall not release the any Loan Parties or the Servicer Party from any of their respective duties or obligations to the parties under the Collateral Obligations, Assigned Agreements or other contracts and agreements included in the Collateral, ; (c) the Secured Parties and the Collateral neither Agent nor any Lender shall not have any obligation (to perform or otherwise) or liability under the Collateral Obligations, Assigned Agreements or other contracts and agreements included in the Collateral by reason of this AgreementAgreement or the other Loan Documents, and (d) neither the Collateral nor shall Agent nor any of the Secured Parties shall Lender be obligated to perform any of the obligations or duties of the any Loan Parties or the Servicer under the Collateral Obligations, Assigned Agreements or other agreements included in the Collateral Party thereunder or to take any action to collect or enforce any claim for payment assigned under this AgreementAgreement or the other Loan Documents; and (d) neither Agent nor any Lender shall have any liability in contract or tort for any Loan Party’s acts or omissions.
Appears in 1 contract
Loan Parties Remain Liable. Notwithstanding anything in this Agreement, Anything herein to the contrary notwithstanding:
(a) the each Loan Parties shall remain liable under the Collateral Obligations, Assigned Agreements contracts and other agreements included in the Collateral to the extent set forth therein to perform all of its their respective duties and obligations thereunder to the same extent as if this Agreement or the other Loan Documents had not been executed, ; (b) the exercise by a Secured Party or the Collateral Agent of any of its the rights under this Agreement or the other Loan Documents shall not release the any Loan Parties or the Servicer Party from any of their respective duties or obligations to the parties under the Collateral Obligations, Assigned Agreements or other contracts and agreements included in the Collateral, ; (c) the Secured Parties and the Collateral neither Agent nor any Lender shall not have any obligation (to perform or otherwise) or liability under the Collateral Obligations, Assigned Agreements or other contracts and agreements included in the Collateral by reason of this AgreementAgreement or the other Loan Documents, and (d) neither the Collateral nor shall Agent nor any of the Secured Parties shall Lender be obligated to perform any of the obligations or duties of the any Loan Parties or the Servicer under the Collateral Obligations, Assigned Agreements or other agreements included in the Collateral Party thereunder or to take any action to collect or enforce any claim for payment assigned under this AgreementAgreement or the other Loan Documents; and (d) neither Agent nor any Lender shall have any liability in contract or tort for any Loan Party's acts or omissions.
Appears in 1 contract
Samples: Loan and Security Agreement (Rocky Shoes & Boots Inc)