Common use of Rights of Lender; Limitations on Lender’s Obligations Clause in Contracts

Rights of Lender; Limitations on Lender’s Obligations. (a) Anything herein to the contrary notwithstanding, the Borrower shall remain liable under each of the Mortgage Loan Documents to which it is a party to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with and pursuant to the terms and provisions of each such Mortgage Loan Document. The Lender shall not have any obligation or liability under any Mortgage Loan Document by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to such Mortgage Loan Document pursuant hereto, nor shall the Lender be obligated in any manner to perform any of the obligations of the Borrower under or pursuant to any Mortgage Loan Document, to make any payment, to make any inquiry as to the nature or the sufficiency of any payment received by it or as to the sufficiency of any performance by any party under any Mortgage Loan Document, to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Rights of Lender; Limitations on Lender’s Obligations. (a) Anything herein to the contrary notwithstanding, the Borrower shall remain liable under each of the Mortgage Loan Documents to which it is a party to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with and pursuant to the terms and provisions of each such Mortgage Loan Document. The Lender shall not have any obligation or liability under any Mortgage Loan Document by reason of or arising out of this Agreement or the receipt by the Lender of any payment relating to any Pledged Collateral pursuant hereto (other than to return all or a portion of such Mortgage Loan Document pursuant heretopayment if either Lender or Pledgor would be required by law to do so), nor shall the Lender be obligated in any manner (a) to perform any of the duties or obligations of the Borrower Pledgor under or pursuant to any Mortgage Loan Documentthe Operating Agreements, (b) to make any payment, payment or to make any inquiry as to the nature or the sufficiency of any payment received by it Lender or as to the sufficiency of any performance by any party under any Mortgage Loan Document, the Operating Agreements or (c) to present or file any claim, to take any action to enforce any performance or to collect the payment of any amounts which may have been assigned to it Lender or to which it may be entitled at any time or times, pursuant to this Agreement or the Operating Agreements.

Rights of Lender; Limitations on Lender’s Obligations. (a) Anything It is expressly agreed by each Grantor that, anything herein to the contrary notwithstanding, the Borrower such Grantor shall remain liable under each of the Mortgage Loan Documents to which it is a party its Contracts and each of its Licenses to observe and perform all the conditions and obligations to be observed and performed by it thereunder and each Grantor shall perform all of its duties and obligations thereunder, all in accordance with and pursuant to the terms and provisions of each such Mortgage Loan DocumentContract or License. The Lender shall not have any obligation or liability under any Mortgage Loan Document Contract or License by reason of or arising out of this Security Agreement or the granting to Lender of a security interest therein or the receipt by the Lender of any payment relating to such Mortgage Loan Document any Contract or License pursuant hereto, nor shall the Lender be required or obligated in any manner to perform or fulfill any of the obligations of the Borrower any Grantor under or pursuant to any Mortgage Loan DocumentContract or License, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or as to the sufficiency of any performance by any party under any Mortgage Loan DocumentContract or License, or to present or file any claim, or to take any action to collect or enforce any performance or to collect the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Rights of Lender; Limitations on Lender’s Obligations. (a) Anything It is expressly agreed by each Grantor that, anything herein to the contrary notwithstanding, the Borrower such Grantor shall remain liable under each of the Mortgage Loan Documents to which it is a party its Contractual Obligations to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with and pursuant to . Neither the terms and provisions of each such Mortgage Loan Document. The Lender nor any other Secured Party shall not have any obligation or liability under any Mortgage Loan Document Contractual Obligation by reason of or arising out of this Agreement Agreement, the other Loan Documents, or the granting to the Lender of a security interest therein or the receipt by the Lender or any Lender of any payment relating to such Mortgage Loan Document any Contractual Obligation pursuant hereto, nor shall the Lender be required or obligated in any manner to perform or fulfill any of the obligations of the Borrower any Grantor under or pursuant to any Mortgage Loan DocumentContractual Obligation, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or as to the sufficiency of any performance by any party under any Mortgage Loan DocumentContractual Obligation, or to present or file any claim, or to take any action to collect or enforce any performance or to collect the payment of any amounts which that may have been assigned to it or to which it may be entitled at any time or times.

Rights of Lender; Limitations on Lender’s Obligations. (a) Anything It is expressly agreed by Borrower that, anything herein to the contrary notwithstanding, the Borrower shall remain liable under each of the Mortgage Loan Documents to which it is a party its Contracts and each of its Licenses to observe and perform all the conditions and obligations to be observed and performed by it thereunder and Borrower shall perform all of its duties and obligations thereunder, all in accordance with and pursuant to the terms and provisions of each such Mortgage Loan DocumentContract or License. The Lender shall not have any obligation or liability under any Mortgage Loan Document Contract or License by reason of or arising out of this Security Agreement or the granting to Pledgee of a security interest therein or the receipt by the Pledgee or any Lender of any payment relating to such Mortgage Loan Document any Contract or License pursuant hereto, nor shall the Pledgee or any Lender be required or obligated in any manner to perform or fulfill any of the obligations of the Borrower under or pursuant to any Mortgage Loan DocumentContract or License, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or as to the sufficiency of any performance by any party under any Mortgage Loan DocumentContract or License, or to present or file any claim, or to take any action to collect or enforce any performance or to collect the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Rights of Lender; Limitations on Lender’s Obligations. (a) Anything Subject to each Loan Party’s rights and duties under the Bankruptcy Code (including section 365 of the Bankruptcy Code), it is expressly agreed by each Loan Party that, anything herein to the contrary notwithstanding, the Borrower such Loan Party shall remain liable under each its Contractual Obligations incurred after the Petition Date or assumed with the consent of the Mortgage Loan Documents Administrative Agent and Bankruptcy Court approval (which may be pursuant to which it is a party Plan confirmed by the Bankruptcy Court) to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with and pursuant to . Neither the terms and provisions of each such Mortgage Loan Document. The Lender Administrative Agent nor any Secured Party shall not have any obligation or liability under any Mortgage Loan Document Contractual Obligations by reason of or arising out of this Agreement Agreement, the Loan Documents, or the granting to the Administrative Agent of a security interest therein or the receipt by the Administrative Agent or any Lender of any payment relating to such Mortgage Loan Document any Contractual Obligations pursuant hereto, nor shall the Lender Administrative Agent be required or obligated in any manner to perform or fulfill any of the obligations of the Borrower any Loan Party under or pursuant to any Mortgage Loan DocumentContractual Obligations, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or as to the sufficiency of any performance by any party under any Mortgage Loan DocumentContractual Obligations, or to present or file any claim, or to take any action to collect or enforce any performance or to collect the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Rights of Lender; Limitations on Lender’s Obligations. (a) Anything It is expressly agreed by the Company that, anything herein to the contrary notwithstanding, the Borrower Company shall remain liable under each of the Mortgage Loan Documents to which it is a party Contract and Document to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with and pursuant to the terms and provisions of each such Mortgage Loan Contract or Document. The No Lender shall not have any obligation or liability under any Mortgage Loan Contract or Document by reason of or arising out of this Security Agreement or the granting to such Lender of a security interest therein or the receipt by the Lender of any payment relating to such Mortgage Loan any Contract or Document pursuant hereto, nor shall the Lender be required or obligated in any manner to perform or fulfill any of the obligations of the Borrower Company under or pursuant to any Mortgage Loan Contract or Document, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or as to the sufficiency of any performance by any party under any Mortgage Loan Contract or Document, or to present or file any claim, or to take any action to collect or enforce any performance or to collect the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times. In the event that any asset of the Company which, by the terms of any agreement in existence on the date hereof, does not permit the granting of a security interest, the Company hereby grants to each Lender a security interest in all proceeds received by the Company generated by such assets. The Uniform Commercial Code financing statement to be filed by each Lender in connection with this Security Agreement shall contain a provision to the effect of the immediately foregoing sentence.

Rights of Lender; Limitations on Lender’s Obligations. (a) Anything It is expressly agreed by Grantor that, anything herein to the contrary notwithstanding, the Borrower Grantor shall remain liable under each of the Mortgage Loan Documents to which it is a party its Contracts to observe and perform all the conditions and obligations to be observed and performed by it thereunder and Grantor shall perform all of its duties and obligations thereunder, all in accordance with and pursuant to the terms and provisions of each such Mortgage Loan DocumentContract. The Lender shall not have any obligation or liability under any Mortgage Loan Document Contract by reason of or arising out of this Security Agreement or the granting to Lender of a security interest therein or the receipt by the Lender of any payment relating to such Mortgage Loan Document any Contract pursuant hereto, nor shall the Lender be required or obligated in any manner to perform or fulfill any of the obligations of the Borrower Grantor under or pursuant to any Mortgage Loan DocumentContract, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or as to the sufficiency of any performance by any party under any Mortgage Loan DocumentContract, or to present or file any claim, or to take any action to collect or enforce any performance or to collect the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.