Loan Parties Remain Liable. Notwithstanding anything herein to the contrary: (a) each Loan Party shall remain liable for all its obligations under the Collateral and nothing contained herein is intended or shall be a delegation of duties to the Lender; (b) each Loan Party shall remain liable under each of the agreements included in the Collateral to perform all of the obligations undertaken by it thereunder all in accordance with and pursuant to the terms and provisions thereof, and the Lender shall have no obligation or liability under any of such agreements by reason of or arising out of this Agreement or any other document related thereto nor shall the Lender have any obligation to make any inquiry as to the nature or sufficiency of any payment received by it or have any obligation to take any action to collect or enforce any rights under any agreement included in the Collateral; and (c) the exercise by the Lender of any of its rights hereunder shall not release the Loan Parties from any of their duties or obligations under any contract or agreement that is included in the Collateral.
Appears in 3 contracts
Samples: Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Secured Convertible Credit and Security Agreement (Armata Pharmaceuticals, Inc.)
Loan Parties Remain Liable. Notwithstanding anything Anything herein to the contrary:
contrary notwithstanding: (a) each Loan Party shall remain liable for all its obligations under the Collateral and nothing contained herein is intended or shall be a delegation of duties to the Lender;
(bi) each Loan Party shall remain liable under each of the contracts and agreements included in the Collateral to the extent set forth therein to perform all of the its duties and obligations undertaken by it thereunder all in accordance with and pursuant to the terms same extent as if this Agreement or the other Loan Documents had not been executed; (ii) the exercise by Lender of any of the rights under this Agreement or the other Loan Documents shall not release any Loan Party from any of their respective duties or obligations to the parties under the contracts and provisions thereof, and agreements included in the Collateral; (iii) Lender shall not have no any obligation or liability under any of such the contracts and agreements included in the Collateral by reason of or arising out of this Agreement or any the other document related thereto Loan Documents, nor shall Lender be obligated to perform any of the Lender have any obligation to make any inquiry as to the nature obligations or sufficiency duties of any payment received by it Loan Party thereunder or have any obligation to take any action to collect or enforce any rights claim for payment assigned under any agreement included in this Agreement or the Collateralother Loan Documents; and
(c) the exercise by the Lender of any of its rights hereunder shall not release the Loan Parties from any of their duties or obligations under any contract or agreement that is included in the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement
Loan Parties Remain Liable. Notwithstanding anything Anything herein to the contrary:
contrary notwithstanding, (a) Borrowers and each Loan Party shall remain liable for all its obligations under the Collateral and nothing contained herein is intended or shall be a delegation of duties to the Lender;
(b) each other Loan Party shall remain liable under each of the contracts and agreements included in the Collateral to perform all of the duties and obligations undertaken by it thereunder all in accordance with and pursuant to the terms same extent as if this Agreement had not been executed, (b) the exercise by Lender of any of the rights hereunder shall not release any Borrower or any other Loan Party from any of its duties or obligations under such contracts and provisions thereofagreements included in the Collateral, and the (c) Lender shall not have no any obligation or liability under any of such contracts and agreements included in the Collateral by reason of this Agreement, nor shall Lender be obligated to perform any of the obligations or arising out duties of this Agreement any Borrower or any other document related thereto nor shall the Lender have any obligation to make any inquiry as to the nature Loan Party thereunder or sufficiency of any payment received by it or have any obligation to take any action to collect or enforce any rights under claim for payment assigned hereunder. Without limiting the generality of the foregoing, it is the intention of the parties hereto that record and beneficial ownership of the Pledged Interests, including all voting, consensual, dividend, and distribution rights, shall remain in Borrowers or any agreement included in the Collateral; and
other applicable Loan Party until (ci) the occurrence and continuance of an Event of Default and (ii) Lender has notified Borrower or any other applicable Loan Party of Lender’s election to exercise by such rights with respect to the Lender of any of its rights hereunder shall not release the Loan Parties from any of their duties Pledged Interests pursuant to this Agreement or obligations under any contract or agreement that is included in the Collateralotherwise.
Appears in 1 contract
Samples: Credit and Security Agreement (Orion Energy Systems, Inc.)