No Assumption. Notwithstanding any of the foregoing, whether or not an Event of Default shall have occurred, and whether or not Pledgee elects to foreclose on his security interest in the Collateral as set forth herein, neither the execution of this Agreement, receipt by Pledgee of any of Pledgor's right, title and interest in and to the Collateral and the payments, proceeds and products of the Collateral, now or hereafter due to Pledgor from any obligor of the Collateral, nor Pledgee's foreclosure of his security interest in the Collateral, shall in any way be deemed to obligate Pledgee to assume any of Pledgor's obligations, duties or liabilities under the Collateral or any agreements constituting the Collateral, as presently existing or as hereafter amended, or under any and all other agreements now existing or hereafter drafted or executed (collectively, the "Pledgor's Liabilities"), unless Pledgee otherwise agrees to assume any or all of the Pledgor's Liabilities in writing. In the event of foreclosure by Pledgee of his security interest in the Collateral, Pledgor shall remain bound and obligated to perform the Pledgor's Liabilities to the extent required under the Operating Agreement and Pledgee shall not be deemed to have assumed any of the Pledgor's Liabilities, except as provided in the preceding sentence. In the event the entity or person acquiring the Collateral at a foreclosure sale elects to assume the Pledgor's Liabilities, such assignee shall agree to be bound by the terms and provisions of the applicable agreement.
Appears in 5 contracts
Samples: Operating Agreement (Wellsford Real Properties Inc), Operating Agreement (Wellsford Residential Property Trust), Operating Agreement (Wellsford Residential Property Trust)
No Assumption. Notwithstanding any of the foregoing, whether or not an Event of Default shall have occurred, and whether or not Pledgee elects to foreclose on his its security interest in the Collateral as set forth herein, neither the execution of this Agreement, receipt by Pledgee of any of Pledgor's right, title and interest in and to the Collateral and the payments, proceeds and products of the Collateral, now or hereafter due to Pledgor from any obligor of the Collateral, nor Pledgee's foreclosure of his its security interest in the Collateral, shall in any way be deemed to obligate Pledgee to assume any of Pledgor's obligations, duties or liabilities under the Collateral or any agreements constituting the Collateral, as presently existing or as hereafter amended, or under any and all other agreements now existing or hereafter drafted or executed (collectively, the "Pledgor's Liabilities"), unless Pledgee otherwise agrees to assume any or all of the Pledgor's Liabilities in writing. In the event of foreclosure by Pledgee of his its security interest in the Collateral, Pledgor shall remain bound and obligated to perform the Pledgor's Liabilities to the extent required under the Operating Agreement Agreement, and Pledgee shall not be deemed to have assumed any of the Pledgor's Liabilities, except as provided in the preceding sentence. In the event the entity or person acquiring the Collateral at a foreclosure sale elects to assume the Pledgor's Liabilities, such assignee shall agree to be bound by the terms and provisions of the applicable agreement.
Appears in 5 contracts
Samples: Operating Agreement (Wellsford Real Properties Inc), Operating Agreement (Wellsford Residential Property Trust), Operating Agreement (Wellsford Residential Property Trust)
No Assumption. Notwithstanding any of the foregoing, whether or not an Event of Default shall have occurred, and whether or not Pledgee Lender elects to foreclose on his its security interest in the Collateral as set forth herein, neither the execution of this Agreement, receipt by Pledgee Lender of any of Pledgor's Borrower’s right, title and interest in and to the Collateral and the payments, proceeds and products of the Collateral, now or hereafter due to Pledgor Borrower from any obligor of the Collateral, nor Pledgee's Lender’s foreclosure of his its security interest in the Collateral, shall in any way be deemed to obligate Pledgee Lender to assume any of Pledgor's Borrower’s obligations, duties duties, expenses or liabilities under the Collateral or any agreements constituting the Collateral, as presently existing or as hereafter amended, or under any and all other agreements now existing or hereafter drafted or executed (collectively, the "Pledgor's “Borrower’s Liabilities"”), unless Pledgee Lender otherwise agrees to assume any or all of the Pledgor's Borrower’s Liabilities in writing. In the event of foreclosure by Pledgee Lender of his its security interest in the Collateral, Pledgor Borrower shall remain bound and obligated to perform the Pledgor's its Borrower’s Liabilities to the extent required under the Operating Agreement and Pledgee Lender shall not be deemed to have assumed any of the Pledgor's Borrower’s Liabilities, except as provided in the preceding sentence. In the event the entity or person acquiring the Collateral at a foreclosure sale elects to assume the Pledgor's Borrower’s Liabilities, such assignee shall agree to be bound by the terms and provisions of the applicable agreement.
Appears in 3 contracts
Samples: Loan and Security Agreement (Biovest International Inc), Loan and Security Agreement (Accentia Biopharmaceuticals Inc), Loan and Security Agreement (Accentia Biopharmaceuticals Inc)
No Assumption. Notwithstanding any of the foregoing, whether or not an Event of Default shall have occurred, and whether or not Pledgee elects to foreclose on his its security interest in the Collateral as set forth herein, neither the execution of this Agreement, receipt by Pledgee of any of Pledgor's right, title and interest in and to the Collateral and the payments, proceeds and products of the Collateral, now or hereafter due to Pledgor from any obligor of the Collateral, nor Pledgee's foreclosure of his its security interest in the Collateral, shall in any way be deemed to obligate Pledgee to assume any of Pledgor's obligations, duties or liabilities under the Collateral or any agreements constituting the Collateral, as presently existing or as hereafter amended, or under any and all other agreements now existing or hereafter drafted or executed (collectively, the "Pledgor's LiabilitiesPLEDGOR'S LIABILITIES"), unless Pledgee otherwise agrees to assume any or all of the Pledgor's Liabilities in writing. In the event of foreclosure by Pledgee of his its security interest in the Collateral, Pledgor shall remain bound and obligated to perform the Pledgor's Liabilities to the extent required under the Operating Agreement Agreement, and Pledgee shall not be deemed to have assumed any of the Pledgor's Liabilities, except as provided in the preceding sentence. In the event the entity or person acquiring the Collateral at a foreclosure sale elects to assume the Pledgor's Liabilities, such assignee shall agree to be bound by the terms and provisions of the applicable agreement.
Appears in 1 contract
Samples: Operating Agreement (Wellsford Real Properties Inc)
No Assumption. Notwithstanding any of the foregoing, whether or not an Event of Default shall have occurred, and whether or not Pledgee Lender elects to foreclose on his its security interest in the Collateral as set forth herein, neither the execution of this Agreement, nor receipt by Pledgee Lender of any of Pledgor's Borrower’s right, title and interest in and to the Collateral and the payments, proceeds and products of the Collateral, now or hereafter due to Pledgor Borrower from any obligor of the Collateral, nor Pledgee's Lender’s foreclosure of his its security interest in the Collateral, shall in any way be deemed to obligate Pledgee Lender to assume any of Pledgor's Borrower’s obligations, duties duties, expenses or liabilities under the Collateral or any agreements constituting the Collateral, as presently existing or as hereafter amended, or under any and all other agreements now existing or hereafter drafted or executed (collectively, the "Pledgor's “Borrower’s Liabilities"”), unless Pledgee Lender otherwise agrees to assume any or all of the Pledgor's Borrower’s Liabilities in writing. In the event of foreclosure by Pledgee Lender of his its security interest in the Collateral, Pledgor Borrower shall remain bound and obligated to perform the Pledgor's its Borrower’s Liabilities to the extent required under the Operating Agreement and Pledgee Lender shall not be deemed to have assumed any of the Pledgor's Borrower’s Liabilities, except as provided in the preceding sentence. In the event the entity or person acquiring the Collateral at a foreclosure sale elects to assume the Pledgor's Borrower’s Liabilities, such assignee shall agree to be bound by the terms and provisions of the applicable agreement.
Appears in 1 contract
Samples: Loan and Security Agreement