Rights and Obligations. (a) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize Obligor to pledge, sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Transaction Document. The Collateral Agent shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral. (b) Obligor shall remain liable to perform its duties and obligations under the contracts and agreements included in the Collateral in accordance with their respective terms to the same extent as if this Agreement had not been executed and delivered. The exercise by the Collateral Agent of any right, remedy, power or privilege in respect of this Agreement shall not release Obligor from any of its duties and obligations under those contracts and agreements. The Collateral Agent shall not have any duty, obligation or liability under those contracts and agreements or in respect to any Governmental Approval included in the Collateral by reason of this Agreement or any other Transaction Document, nor shall the Collateral Agent be obligated to perform any of the duties or obligations of Obligor under any such contract or agreement or any such Governmental Approval or to take any action to collect or enforce any claim (for payment) under any such contract or agreement or Governmental Approval. (c) No lien granted by this Agreement in Obligor's right, title and interest in any contract, agreement or Governmental Approval shall be deemed to be a consent by the Collateral Agent to any such contract, agreement or Governmental Approval.
Appears in 8 contracts
Samples: Pledge and Security Agreement (Ormat Funding Corp.), Pledge and Security Agreement (Ormat Funding Corp.), Pledge and Security Agreement (Ormat Funding Corp.)
Rights and Obligations. (a) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize Obligor to pledge, sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Transaction Document. The Collateral Agent shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
(b) Obligor shall remain liable to perform its duties and obligations under the contracts and agreements included in the Collateral in accordance with their respective terms to the same extent as if this Agreement had not been executed and delivered. The exercise by the Collateral Agent of any right, remedy, power or privilege in respect of this Agreement shall not release the Obligor from any of its duties and obligations under those such contracts and agreementsagreements and the Obligor shall save, indemnify and keep the Collateral Agent harmless from and against all expense, loss or damage suffered by reason of such exercise. The Collateral Agent shall not have any no duty, obligation or liability under those such contracts and agreements or in with respect to any Governmental Approval governmental approval included in the Collateral by reason of this Agreement or any other Transaction Loan Document, nor shall the Collateral Agent be obligated to perform any of the duties or obligations of the Obligor under any such contract or agreement or any such Governmental Approval governmental approval or to take any action to collect or enforce any claim (for payment) under any such contract or agreement or Governmental Approvalgovernmental approval.
(cb) No lien Lien granted by this Agreement in the Obligor's right, title and interest in any contract, agreement or Governmental Approval governmental approval shall be deemed to be a consent by the Collateral Agent to any such contract, agreement or Governmental Approvalgovernmental approval.
(c) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize the Obligor to sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Loan Document.
(d) The Collateral Agent shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
Appears in 3 contracts
Samples: Security Agreement (Appaloosa Management Lp), Security Agreement (Bio Plexus Inc), Security Agreement (Appaloosa Management Lp)
Rights and Obligations. (a) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize Obligor to pledge, sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Transaction Document. The Collateral Agent shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
(b) Obligor Borrower shall remain liable to perform its duties and obligations under the contracts and agreements included in the Collateral in accordance with their respective terms to the same extent as if this Agreement had not been executed and delivered. The exercise by the Collateral Agent or any Lender of any right, remedy, power or privilege in respect of this Agreement shall not release Obligor the Borrower from any of its duties and obligations under those such contracts and agreements. The Neither the Collateral Agent nor any Lender shall not have any a duty, obligation or liability under those such contracts and agreements or in respect to any Governmental Government Approval included in the Collateral by reason of this Agreement or any other Transaction Financing Document, nor shall the Collateral Agent or any Lender be obligated to perform any of the duties or obligations of Obligor the Borrower under any such contract or agreement or any such Governmental Government Approval or to take any action to collect or enforce any claim (for payment) under any such contract or agreement or Governmental Government Approval.
(cb) No lien Lien granted by this Agreement in Obligor's the Borrower’s right, title and interest in any contract, agreement or Governmental Government Approval shall be deemed to be a consent by the Collateral Agent or any Lender to any such contract, agreement or Governmental Government Approval.
(c) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize the Borrower to sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Financing Document.
(d) Neither the Collateral Agent nor any Lender shall be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
Appears in 2 contracts
Samples: Security Agreement (Cheniere Energy Inc), Credit Agreement (Cheniere Energy Inc)
Rights and Obligations. (a) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize Obligor the Grantor to pledge, sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Transaction each Credit Document. The Collateral Agent Lender shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
(b) Obligor The Grantor shall remain liable to perform its duties and obligations under the contracts and agreements included in the Collateral in accordance with their respective terms to the same extent as if this Agreement had not been authorized, executed and delivered. The exercise by the Collateral Agent Lender of any right, remedy, power or privilege in respect of this Agreement shall not release Obligor the Grantor from any of its duties and obligations under those contracts and agreements. The Collateral Agent Except as expressly set forth in the Credit Documents, the Lender shall not have any duty, obligation or liability under those contracts and agreements or in with respect to any Governmental Approval governmental approval included in the Collateral by reason of this Agreement Agreement, or any other Transaction Credit Document, nor shall the Collateral Agent Lender be obligated to perform any of the duties or obligations of Obligor the Grantor under any such contract or agreement or any such Governmental Approval governmental approval or to take any action to collect or enforce any claim (for payment) under any such contract or agreement or Governmental Approvalgovernmental approval.
(c) No lien granted by this Agreement in Obligor's the Grantor’s right, title and interest in any contract, agreement or Governmental Approval governmental approval shall be deemed to be a consent by the Collateral Agent Lender to any such contract, agreement or Governmental Approvalgovernmental approval.
Appears in 1 contract
Rights and Obligations. (a) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize Obligor to pledge, sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Transaction Document. The Collateral Agent shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
(b) Each Obligor shall remain liable to perform its duties and obligations under the contracts and agreements included in the Collateral in accordance with their respective terms to the same extent as if this Agreement had not been executed and delivered. The exercise by the Collateral Agent or any Bank of any right, remedy, power or privilege in respect of this Agreement shall not release any Obligor from any of its duties and obligations under those such contracts and agreements. The Collateral Neither the Agent nor any Bank shall not have any duty, obligation or liability under those such contracts and agreements or in respect to any Governmental Approval included in the Collateral by reason of this Agreement or any other Transaction Credit Document, nor shall the Collateral Agent or any Bank be obligated to perform any of the duties or obligations of any Obligor under any such contract or agreement or any such Governmental Approval or to take any action to collect or enforce any claim (for payment) under any such contract or agreement or Governmental Approval.
(cb) No lien Lien granted by this Agreement in Obligor's the Obligors' right, title and interest in any contract, agreement or Governmental Approval shall be deemed to be a consent by the Collateral Agent or any Bank to any such contract, agreement or Governmental Approval.
(c) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize any Obligor to sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Credit Document.
(d) In connection with any sale of Collateral or all of the capital stock of any Obligor expressly permitted by the terms of any Credit Document, the Liens granted pursuant to this Agreement shall automatically terminate with respect to such Collateral or the assets owned by such Obligor, as applicable.
(e) Neither the Agent nor any Bank shall be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
Appears in 1 contract
Rights and Obligations. (a) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize Obligor to pledge, sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Transaction Document. The Collateral Agent shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
(b) Each Obligor shall remain liable to perform its duties and obligations under the contracts and agreements included in the Collateral in accordance with their respective terms to the same extent as if this Agreement had not been executed and delivered. The exercise by the Collateral Administrative Agent or any Lender of any right, remedy, power or privilege in respect of this Agreement shall not release any Obligor from any of its duties and obligations under those contracts and agreements. The Collateral Neither the Administrative Agent nor any Lender shall not have any duty, obligation or liability under those contracts and agreements or in respect to any Governmental Approval included in the Collateral by reason of this Agreement or any other Transaction Basic Document, nor shall the Collateral Administrative Agent or any Lender be obligated to perform any of the duties or obligations of any Obligor under any such contract or agreement or any such Governmental Approval or to take any action to collect or enforce any claim (for payment) under any such contract or agreement or Governmental Approval.
(cb) No lien Lien granted by this Agreement in Obligor's the Obligors' right, title and interest in any contract, agreement or Governmental Approval shall be deemed to be a consent by the Collateral Administrative Agent or any Lender to any such contract, agreement or Governmental Approval.
(c) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize any Obligor to sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Basic Document.
(d) Neither the Administrative Agent nor any Lender shall be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
Appears in 1 contract
Rights and Obligations. (a) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize Obligor to pledge, sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Transaction Document. The Collateral Agent shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
(b) Each Obligor shall remain liable to perform its duties and obligations under the contracts and agreements included in the Collateral in accordance with their respective terms to the same extent as if this Agreement had not been executed and delivered. The exercise by the Collateral Agent Trustee of any right, remedy, power or privilege in respect of this Agreement shall not release any Obligor from any of its duties and obligations under those such contracts and agreementsagreements and the Obligors shall save, indemnify and keep the Trustee harmless from and against all expense, loss or damage suffered by reason of such exercise. The Collateral Agent Trustee shall not have any no duty, obligation or liability under those such contracts and agreements or in with respect to any Governmental Approval governmental approval included in the Collateral by reason of this Agreement or any other Transaction Exchange Document, nor shall the Collateral Agent Trustee be obligated to perform any of the duties or obligations of any Obligor under any such contract or agreement or any such Governmental Approval governmental approval or to take any action to collect or enforce any claim (for payment) under any such contract or agreement or Governmental Approvalgovernmental approval.
(cb) No lien Lien granted by this Agreement in Obligor's the Obligors' right, title and interest in any contract, agreement or Governmental Approval governmental approval shall be deemed to be a consent by the Collateral Agent Trustee to any such contract, agreement or Governmental Approvalgovernmental approval.
(c) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize any Obligor to sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Exchange Document.
(d) The Trustee shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
Appears in 1 contract
Samples: Subordinated Guarantee and Security Agreement (Inamed Corp)
Rights and Obligations. (a) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize Obligor to pledge, sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Transaction Document. The Collateral Agent shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
(b) Each Obligor shall remain liable to perform its duties and obligations under the contracts and agreements included in the Collateral in accordance with their respective terms to the same extent as if this Agreement had not been executed and delivered. The exercise by the Collateral Agent of any right, remedy, power or privilege in respect of this Agreement shall not release any Obligor from any of its duties and obligations under those such contracts and agreementsagreements and the Obligors shall save, indemnify and keep the Collateral Agent harmless from and against all expense, loss or damage suffered by reason of such exercise. The Collateral Agent shall not have any no duty, obligation or liability under those such contracts and agreements or in with respect to any Governmental Approval governmental approval included in the Collateral by reason of this Agreement or any other Transaction Loan Document, nor shall the Collateral Agent be obligated to perform any of the duties or obligations of any Obligor under any such contract or agreement or any such Governmental Approval governmental approval or to take any action to collect or enforce any claim (for payment) under any such contract or agreement or Governmental Approvalgovernmental approval.
(cb) No lien Lien granted by this Agreement in Obligor's the Obligors' right, title and interest in any contract, agreement or Governmental Approval governmental approval shall be deemed to be a consent by the Collateral Agent to any such contract, agreement or Governmental Approvalgovernmental approval.
(c) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize any Obligor to sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Loan Document.
(d) The Collateral Agent shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
Appears in 1 contract
Samples: Guarantee and Security Agreement (Appaloosa Management Lp)
Rights and Obligations. (a) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize Obligor to pledge, sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Transaction Document. The Collateral Agent shall not be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
(b) Obligor Borrower shall remain liable to perform its duties and obligations under the contracts and agreements included in the Collateral in accordance with their respective terms to the same extent as if this Agreement had not been executed and delivered. The exercise by the Collateral Agent Lenders of any right, remedy, power or privilege in respect of this Agreement shall not release Obligor Borrower from any of its duties and obligations under those such contracts and agreements. The Collateral Neither Lenders nor Lenders' Agent shall not have any duty, obligation or liability under those such contracts and agreements or in respect to any Governmental Approval included in the Collateral by reason of this Agreement or any other Transaction Basic Document, nor shall the Collateral Lenders or Lenders' Agent be obligated to perform any of the duties or obligations of Obligor Borrower under any such contract or agreement or any such Governmental Approval or to take any action to collect or enforce any claim (for payment) under any such contract or agreement or Governmental Approval.
(cb) No lien Lien granted by this Agreement in ObligorBorrower's right, title and interest in any contract, agreement or Governmental Approval shall be deemed to be a consent by the Collateral Agent Lenders to any such contract, agreement or Governmental Approval.
(c) No reference in this Agreement to proceeds or to the sale or other disposition of Collateral shall authorize Borrower to sell or otherwise dispose of any Collateral except to the extent otherwise expressly permitted by the terms of any Basic Document.
(d) Neither Lenders nor Lenders' Agent shall be required to take steps necessary to preserve any rights against prior parties to any part of the Collateral.
Appears in 1 contract