Common use of Pledgors Remain Liable Clause in Contracts

Pledgors Remain Liable. Anything herein to the contrary notwithstanding: (a) each Pledgor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder (including, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable) to the same extent as if this Pledge Agreement had not been executed, (b) the exercise by the Administrative Agent or any Secured Party of any of their respective rights hereunder shall not release any Pledgor from any of its duties or obligations under the contracts and agreements included in the Collateral (including, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable), (c) neither the Administrative Agent nor any Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Pledge Agreement (including, without limitation, any obligations or liabilities as a partner or member of any Partnership/LLC), nor shall the Administrative Agent or any Secured Party be obligated to perform any of the obligations or duties of any Pledgor 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 Pledgor’s acts or omissions.

Pledgors Remain Liable. Anything herein to the contrary notwithstanding: , (a) each Pledgor of the Pledgors shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder (Collateral, including, without limitation, the Pledged Operating Agreements and the Pledged Partnership Agreements, to perform all of its the duties and obligations as a partner or member of any Partnership/LLC, if applicable) thereunder to the same extent as if this Pledge Agreement had not been executed, (b) the exercise by the Administrative Agent or any Secured Party other member of the Lender Group of any of their respective the rights hereunder shall not release any Pledgor from any of its duties or obligations under the such contracts and agreements included in the Collateral (includingCollateral, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable), and (c) neither none of the Administrative Agent nor any Secured Party members of the Lender Group shall have any obligation or liability under the such contracts and agreements included in the Collateral by reason of this Pledge Agreement (including, without limitation, any obligations or liabilities as a partner or member of any Partnership/LLC)Agreement, nor shall any of the Administrative Agent or any Secured Party members of the Lender Group be obligated to perform any of the obligations or duties of any Pledgor thereunder or to take any action to collect or enforce any 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, without limitation, all voting, consensual, and (d) neither dividend rights, shall remain in the Administrative applicable Pledgor until the occurrence and continuation of an Event of Default and until Agent nor any Secured Party shall have any liability in contract or tort for any Pledgornotify the applicable Pledgor of Agent’s acts or omissionsexercise of voting, consensual, and/or dividend rights with respect to the Pledged Interests pursuant to Section 10 hereof.

Pledgors Remain Liable. Anything herein to the contrary notwithstanding: (a) each Pledgor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder (including, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable) to the same extent as if this Pledge Agreement had not been executed, (b) the exercise by the Administrative Agent or any Secured Party Lender of any of their respective rights hereunder shall not release any Pledgor from any of its duties or obligations under the contracts and agreements included in the Collateral (including, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable), (c) neither the Administrative Agent nor any Secured Party Lender shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Pledge Agreement (including, without limitation, any obligations or liabilities as a partner or member of any Partnership/LLC), nor shall the Administrative Agent or any Secured Party Lender be obligated to perform any of the obligations or duties of any Pledgor 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 Lender shall have any liability in contract or tort for any Pledgor’s acts or omissions.

Pledgors Remain Liable. Anything herein to the contrary notwithstanding: , (a) each Pledgor of the Pledgors shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder (Collateral, including, without limitation, the Pledged Operating Agreements and the Pledged Partnership Agreements, to perform all of its the duties and obligations as a partner or member of any Partnership/LLC, if applicable) thereunder to the same extent as if this Pledge Agreement had not been executed, (b) the exercise by the Administrative Agent or any Secured Party of the Holders of any of their respective the rights hereunder shall not release any Pledgor from any of its duties or obligations under the such contracts and agreements included in the Collateral (includingCollateral, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable), and (c) neither none of the Administrative Agent nor any Secured Party Agent, the Trustee or the Holders shall have any obligation or liability under the such contracts and agreements included in the Collateral by reason of this Pledge Agreement (including, without limitation, any obligations or liabilities as a partner or member of any Partnership/LLC)Agreement, nor shall any of Agent, the Administrative Agent Trustee or any Secured Party the Holders be obligated to perform any of the obligations or duties of any Pledgor thereunder or to take any action to collect or enforce any 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, without limitation, all voting, consensual, and (d) neither dividend rights, shall remain in the Administrative applicable Pledgor until the occurrence and continuation of an Event of Default and until Agent nor any Secured Party shall have any liability in contract or tort for any Pledgornotify the applicable Pledgor of Agent’s acts or omissionsexercise of voting, consensual, and/or dividend rights with respect to the Pledged Interests pursuant to Section 10 hereof.

Pledgors Remain Liable. Anything herein to the contrary notwithstanding: : (a) each Pledgor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder (including, without limitation, all of its obligations as each LLC Agreement to which such Pledgor is a partner or member party) to the extent set forth therein, and this Agreement shall not relieve any Pledgor of any Partnership/LLCduties or obligations under such contracts and agreements, if applicable) which duties and obligations shall continue to the same extent as if this Pledge Agreement had not been executed, ; (b) each Pledgor shall pay when due all taxes, fees and assessments imposed on or with respect to the Collateral, except to the extent the validity thereof is being contested in good faith by appropriate proceedings for which adequate reserves in accordance with GAAP have been set aside by such Pledgor and the failure to make payment pending such contest could not reasonably be expected to result in a Material Adverse Effect; (c) the exercise by the Administrative Collateral Agent or any Secured Party of any of their respective its rights hereunder shall not release any Pledgor from any of its duties or obligations under the any such contracts and or agreements included in the Collateral Collateral; and (including, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable), (cd) neither the Administrative Collateral Agent nor any other Secured Party shall have any obligation or liability under the any such contracts and or agreements included in the Collateral by reason of this Pledge Agreement (including, without limitation, any obligations or liabilities as a partner or member of any Partnership/LLC)Agreement, nor shall the Administrative Collateral Agent or any other Secured Party be obligated to perform any of the obligations or duties of any Pledgor 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 Pledgor’s acts or omissions.

Pledgors Remain Liable. Anything herein to the contrary notwithstanding: (a) each Pledgor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder (including, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable) to the same extent as if this Pledge Agreement had not been executed, (b) the exercise by the Administrative Agent or any Secured Party of any of their respective rights hereunder shall not release any Pledgor from any of its duties or obligations under the contracts and agreements included in the Collateral (including, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable), (c) neither the Administrative Agent nor any Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Pledge Agreement (including, without limitation, any obligations or liabilities as a partner or member of any Partnership/LLC), nor shall the Administrative Agent or any Secured Party be obligated to perform any of the obligations or duties of any Pledgor 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 Pledgor’s acts or omissions.. CHAR1\1756506v3 NAI-1514813940v3

Pledgors Remain Liable. Anything herein to the contrary notwithstanding: (a) each Pledgor shall remain liable under the contracts and agreements included in the Collateral to the extent set forth therein to perform all of its duties and obligations thereunder (including, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable) to the same extent as if this Pledge Agreement had not been executed, (b) the exercise by the Administrative Agent or any other Secured Party of any of their respective rights hereunder shall not release any Pledgor from any of its duties or obligations under the contracts and agreements included in the Collateral (including, without limitation, all of its obligations as a partner or member of any Partnership/LLC, if applicable), (c) neither the Administrative Agent nor any Secured Party shall have any obligation or liability under the contracts and agreements included in the Collateral by reason of this Pledge Agreement (including, without limitation, any obligations or liabilities as a partner or member of any Partnership/LLC), nor shall the Administrative Agent or any Secured Party be obligated to perform any of the obligations or duties of any Pledgor 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 Pledgor’s acts or omissions.