Responsibilities of the Originators. Anything herein to the contrary notwithstanding:
(a) Each Originator shall perform its obligations hereunder, and the exercise by the Buyer or its designee of its rights hereunder shall not relieve such Originator from such obligations.
(b) None of the Buyer, the Servicer, the Lenders or the Administrative Agent shall have any obligation or liability to any Obligor or any other third Person with respect to any Receivables, Contracts related thereto or any other related agreements, nor shall the Buyer, the Servicer, the Lenders or the Administrative Agent be obligated to perform any of the obligations of such Originator thereunder.
(c) Each Originator hereby grants to the Buyer and the Administrative Agent an irrevocable power-of-attorney, with full power of substitution, coupled with an interest, during the occurrence and continuation of an Event of Default to take in the name of such Originator all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by such Originator or transmitted or received by the Buyer or the Administrative Agent (whether or not from such Originator) in connection with any Receivable sold, contributed or otherwise conveyed or purported to be conveyed by it hereunder or Related Right.
Responsibilities of the Originators. Anything herein to the contrary notwithstanding:
Responsibilities of the Originators. Anything herein to the contrary notwithstanding:
(a) Each Originator shall perform its obligations hereunder, and the exercise by the Buyer or its designee of its rights hereunder shall not relieve such Originator from such obligations.
(b) None of the Buyer, the Servicer (other than in its capacity as an Originator), the Purchasers, the Group Agents or the Administrative Agent shall have any obligation or liability to any Obligor or any other third Person with respect to any Receivables, Contracts related thereto or any other related agreements, nor shall the Buyer, the Servicer (other than in its capacity as an Originator), the Purchasers, the Group Agents or the Administrative Agent be obligated to perform any of the obligations of such Originator thereunder.
Responsibilities of the Originators. Anything herein to the contrary notwithstanding:
(a) Each of the Originators agrees to deliver (and to immediately notify the Servicer (if not Feed) that it has delivered) directly to the Collection Account or any Lockbox Account (for the SPV Purchaser's account), within two (2) Business Days of receipt thereof or, if a Termination Event shall have occurred and be continuing or the Termination Period shall have commenced, immediately upon receipt thereof, any Collections that it receives, in the form so received, and agrees that all Collections shall be deemed to be received in trust for the SPV Purchaser and shall be maintained and segregated separate and apart from all other funds and moneys of such Originator until delivery of the Collections to the Collection Account or such Lockbox Account;
(b) Each of the Originators agrees to instruct (i) all Obligors to cause all Collections to be sent either to a Lockbox that is the subject of a Lockbox Agreement and (ii) each Lockbox Bank or lockbox bank to deposit all Collections directly into a Lockbox Account that is the subject of a Lockbox Agreement.
(c) Each of the Originators shall (i) perform all of its obligations hereunder and the Contracts related to the Receivables and Related Rights (and under its agreements with any lockbox banks) to the same extent as if the Receivables and Related Rights had not been sold or contributed hereunder (subject to the terms and conditions of this Agreement and the other Transaction Documents), and the exercise by the SPV Purchaser or its designee or assignee of the SPV Purchaser's rights hereunder or in connection herewith shall not relieve such Originator from such obligations and (ii) pay when due any taxes, including, without limitation, any sales taxes payable in connection with the Receivables and their creation and satisfaction. Notwithstanding anything to the contrary in this Agreement, none of the SPV Purchaser, the Administrator or the Purchasers under the Receivables Purchase Agreement shall have any obligation or liability with respect to any Receivable or Related Rights nor shall any of them be obligated to perform any of the obligations of any Originator under any of the foregoing.
Responsibilities of the Originators. Anything herein to ----------------------------------- the contrary notwithstanding, each Originator shall (i) perform all of its obligations under the Contracts related to its Receivables to the same extent as if interests in such Receivables had not been sold hereunder and the exercise by the Buyer of its rights hereunder shall not relieve such Originator from such obligations, and (ii) pay when due any taxes, including, without limitation, any sales taxes payable in connection with its Receivables and their creation and satisfaction. The Buyer shall not have any obligation or liability with respect to any Receivable or related Contracts, nor shall it be obligated to perform any of the obligations of the related Originator thereunder.
Responsibilities of the Originators. Anything herein to the contrary notwithstanding:
(a) Each Originator agrees to deliver directly to the Servicer (for the Initial Purchaser's account), within two Business Days of receipt thereof, any Collections that it receives, in the form so received, and agrees that all such Collections shall be deemed to be received in trust for the Initial Purchaser and shall be maintained and segregated separate and apart from all other funds and moneys of such Originator until delivery of such Collections to the Servicer; and
(b) Each Originator shall (i) perform all of its obligations hereunder and under the Contracts related to the Pool Receivables and Related Assets (and under its agreements with the Lock-Box Banks) to the same extent as if the Receivables, Related Assets and Lock-Box Accounts (and the other items described in Section 1.2(c)) had not been sold hereunder, and the exercise by the Initial Purchaser or its designee or assignee of the Initial Purchaser's rights hereunder or in connection herewith shall not relieve any Originator from such obligations and (ii) pay when due any taxes, including, without limitation, any sales taxes payable in connection with the Pool Receivables and their creation and satisfaction. Notwithstanding anything to the contrary in this Agreement, the Initial Purchaser, the Administrator and the Issuer shall not have any obligation or liability with respect to any Pool Receivable, Related Asset, or Lock-Box Account (or any other item described in Section 1.2(c)) nor shall any of them be obligated to perform any of the obligations of any Originator under any of the foregoing.
Responsibilities of the Originators. Anything herein to the contrary notwithstanding, the applicable Originator shall remain liable for (a) performing all of such Originator’s obligations under the Contracts related to the Receivables to the same extent as if the Receivables had not been sold under the Receivables Sale Agreement and interests in such Receivables had not been sold hereunder and the exercise by any of the Agents or Purchasers of their rights hereunder and under the Receivables Sale Agreement shall not relieve such Originator from such obligations and (b) paying when due any taxes, including without limitation, any sales taxes payable in connection with the Receivables and their creation and satisfaction. None of Seller, the Agents or the Purchasers shall have any obligation or liability with respect to any Receivable or related Contracts, nor shall it be obligated to perform any of the obligations of the applicable Originator thereunder.
Responsibilities of the Originators. Anything herein to the contrary notwithstanding:
(a) Each Originator shall perform its obligations hereunder, and the exercise by the Buyer or its designee of its rights hereunder shall not relieve such Originator from such obligations.
(b) None of the Buyer, the Canadian Servicer (other than in its capacity as an Originator), the Purchasers, the Group Agents or the Administrative Agent shall have any obligation or liability to any Obligor or any other third Person with respect to any Receivables, Contracts related thereto or any other related agreements, nor shall the Buyer, the Canadian Servicer (other than in its capacity as an Originator), the Purchasers, the Group Agents or the Administrative Agent be obligated to perform any of the obligations of such Originator thereunder.
Responsibilities of the Originators. Anything herein to the contrary notwithstanding:
(a) Each Originator shall perform its obligations (if any) under the Contracts related to the Originator Receivables to the same extent as if the Receivable Assets had not been sold and the exercise by the SPV or the Agent of its rights hereunder or under the Receivables Purchase Agreement shall not release the SPV’s Servicer or such Originator from such obligations or its obligations with respect to any Originator Receivables or under the related Contracts; and
(b) Neither the SPV nor the Agent nor the Purchasers nor any other Indemnified Party shall have any obligation or liability with respect to any Originator Receivables or related Contracts, nor shall any of them be obligated to perform any of the obligations of any Originator thereunder.
Responsibilities of the Originators. Anything herein to the contrary notwithstanding, the exercise by the Buyer (or its assignees) of its rights hereunder shall not release the Sub-Servicers or the Originators from any of their duties or obligations with respect to any Receivables or under the related Contracts. Neither the Buyer nor any of its assignees (including any Servicer) shall have any obligation or liability with respect to any Receivables or related Contracts, nor shall any of them be obligated to perform the obligations of either of the Originators.
