Common use of Retained Obligations Clause in Contracts

Retained Obligations. Purchaser shall have no responsibility for, or have any liability with respect to, the performance of any Contract, nor shall Purchaser have any obligation to intervene in any commercial dispute arising out of the performance of any Contract. All obligations of Sellers under each Contract, including all representations and warranty obligations, all servicing obligations, all maintenance obligations, and all delivery, transport and insurance obligations, shall be retained by Sellers (the “Retained Obligations”). Neither any claim that Sellers may have against any Account Debtor or any other Person, nor the failure of an Account Debtor to fulfill its obligations under the applicable Contracts, shall affect the obligations of Sellers and Seller Representative as Servicer to perform its obligations and make payments hereunder, and none of such events or circumstances shall be used as a defense or as set-off, counterclaim or cross-complaint as against the performance or payment of any of Sellers’ or Servicer’s obligations hereunder.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Wolverine World Wide Inc /De/)

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Retained Obligations. No Purchaser shall have no any responsibility for, or have any liability with respect to, the performance of any Contract, nor and neither shall any Purchaser have any obligation to intervene in any commercial dispute arising out of the performance of any Contract. All obligations of Sellers Seller under each Contract, including all representations and warranty obligations, all servicing obligations, all maintenance obligations, and all delivery, transport and insurance obligations, shall be retained by Sellers Seller (the “Retained Obligations”). Neither any claim that Sellers Seller may have against any Account Debtor or any other Person, nor the failure of an Account Debtor to fulfill its obligations under the applicable Contracts, shall affect the obligations of Sellers and Seller Representative as or Servicer to perform its obligations and make payments hereunder, and none of such events or circumstances shall be used as a defense or as set-off, counterclaim or cross-complaint as against the performance or payment of any of Sellers’ Seller’s or Servicer’s obligations hereunder.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Constellium N.V.)

Retained Obligations. Purchaser shall have no responsibility for, or have any liability with respect to, the performance of any Contract, nor shall the Purchaser have any obligation to intervene in any commercial dispute arising out of the performance of any Contract. All obligations of Sellers such Seller under each Contract, including all representations and warranty obligations, all servicing obligations, all maintenance obligations, and all delivery, transport and insurance obligations, shall be retained by Sellers Seller (the “Retained Obligations”). Neither any claim that Sellers a Seller may have against any Account Debtor or any other Person, nor the failure of an Account Debtor to fulfill its obligations under the applicable Contracts, shall affect the obligations of Sellers a Seller and a Seller Representative as Servicer to perform its obligations and make payments hereunder, and none of such events or circumstances shall be used as a defense or as set-off, counterclaim or cross-complaint as against the performance or payment of any of Sellers’ such Seller’s or Servicer’s obligations hereunder.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Lifetime Brands, Inc)

Retained Obligations. Purchaser shall have no responsibility for, or have any liability with respect to, the performance of any Contract, nor and neither shall Purchaser shall have any obligation to intervene in any commercial dispute arising out of the performance of any Contract. All obligations of Sellers Seller under each Contract, including all representations and warranty obligations, all servicing obligations, all maintenance obligations, and all delivery, transport and insurance obligations, shall be retained by Sellers Seller (the “Retained Obligations”). Neither any claim that Sellers Seller may have against any Account Debtor or any other Person, nor the failure of an Account Debtor to fulfill its obligations under the applicable Contracts, shall affect the obligations of Sellers Seller and Seller Representative as Servicer to perform its obligations and make payments hereunder, and none of such events or circumstances shall be used as a defense or as set-off, counterclaim or cross-complaint as against the performance or payment of any of Sellers’ Seller’s or Servicer’s obligations hereunder.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Constellium N.V.)

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Retained Obligations. Purchaser shall have no responsibility for, or have any liability with respect to, the performance of any Contract, nor and neither shall Purchaser have any obligation to intervene in any commercial dispute arising out of the performance of any Contract. All obligations of Sellers Seller under each Contract, including all representations and warranty obligations, all servicing obligations, all maintenance obligations, and all delivery, transport and insurance obligations, shall be retained by Sellers Seller (the “Retained Obligations”). Neither any claim that Sellers Seller may have against any Account Debtor or any other Person, nor the failure of an Account Debtor to fulfill its obligations under the applicable Contracts, shall affect the obligations of Sellers and Seller Representative as or Servicer to perform its obligations and make payments hereunder, and none of such events or circumstances shall be used as a defense or as set-off, counterclaim or cross-complaint as against the performance or payment of any of Sellers’ Seller’s or Servicer’s obligations hereunder.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Constellium N.V.)

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