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

Rights of Lender; Limitations on Lender’s Obligations. (a) Subject to each Credit Party's rights and duties under the Bankruptcy Code (including section 365 of the Bankruptcy Code), it is expressly agreed by each Credit Party that, anything herein to the contrary notwithstanding, each such Credit Party shall remain liable under each of its Contracts and each of its Licenses to observe and perform all the conditions and obligations to be observed and performed by it thereunder, unless such Credit Party determines in its reasonable good faith judgment that such Contract or License is no longer valuable to such Credit Party's business, economically or otherwise. Neither the Administrative Agent nor any Secured Party shall have any obligation or liability under any Contract or License by reason of or arising out of this Agreement or the granting herein of a Lien thereon or the receipt by Administrative Agent or any Secured Party of any payment relating to any Contract or License pursuant hereto. Neither Administrative Agent nor any Secured Party shall be required or obligated in any manner to perform or fulfill any of the obligations of any Credit Party under or pursuant to any Contract 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 the sufficiency of any performance by any party under any Contract or License, or to present or file any claims, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Appears in 2 contracts

Samples: Possession Credit Agreement (Delta Air Lines Inc /De/), Possession Credit Agreement (Delta Air Lines Inc /De/)

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Rights of Lender; Limitations on Lender’s Obligations. (a) Subject to each Credit Loan Party's rights and duties under the Bankruptcy Code (including section 365 of the Bankruptcy Code), it is expressly agreed by each Credit Loan Party that, anything herein to the contrary notwithstanding, each such Credit Loan Party shall remain liable under each of its Contracts and each of its Licenses post-petition Contractual Obligations to observe and perform all the conditions and obligations to be observed and performed by it thereunder, unless such Credit Party determines in its reasonable good faith judgment that such Contract or License is no longer valuable to such Credit Party's business, economically or otherwise. Neither the Administrative Agent nor any Secured Party shall have any obligation or liability under any Contract or License Contractual Obligations by reason of or arising out of this Agreement Agreement, the Loan Documents, or the granting herein to the Administrative Agent of a Lien thereon security interest therein or the receipt by the Administrative Agent or any Secured Party Lender of any payment relating to any Contract or License Contractual Obligations pursuant hereto. Neither , nor shall the Administrative Agent nor any Secured Party shall be required or obligated in any manner to perform or fulfill any of the obligations of any Credit Loan Party under or pursuant to any Contract or LicenseContractual 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 the sufficiency of any performance by any party under any Contract or LicenseContractual Obligations, or to present or file any claimsclaim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Appears in 2 contracts

Samples: Friedmans Inc, Friedmans Inc

Rights of Lender; Limitations on Lender’s Obligations. (a) Subject to each Credit PartyGrantor's rights and duties under the Bankruptcy Code (including section 365 of the Bankruptcy Code), it is expressly agreed by each Credit Party Grantor that, anything herein to the contrary notwithstanding, each such Credit Party Grantor shall remain liable under each of its Contracts and each of its Licenses to observe and perform all the conditions and obligations to be observed and performed by it thereunder, unless such Credit Party determines in its reasonable good faith judgment that such Contract or License is no longer valuable to such Credit Party's business, economically or otherwise. Neither the Administrative Agent nor any Secured Party shall have any obligation or liability under any Contract or License by reason of or arising out of this Agreement Agreement, the Loan Documents, or the granting herein to the Administrative Agent of a Lien thereon security interest therein or the receipt by the Administrative Agent or any Secured Party Lender of any payment relating to any Contract or License pursuant hereto. Neither , nor shall the Administrative Agent nor any Secured Party shall be required or obligated in any manner to perform or fulfill any of the obligations of any Credit Party Grantor under or pursuant to any Contract or LicenseContract, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any Contract or LicenseContract, or to present or file any claimsclaim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Appears in 2 contracts

Samples: Assignment and Acceptance Agreement (Amr Corp), Kasper a S L LTD

Rights of Lender; Limitations on Lender’s Obligations. (a) Subject to each Credit Party's the Grantor’s rights and duties under the Bankruptcy Code (including section Section 365 of the Bankruptcy Code), it is expressly agreed by each Credit Party the Grantor that, anything herein to the contrary notwithstanding, each such Credit Party the Grantor shall remain liable under each of its Contracts and each of its Licenses Contractual Obligations to observe and perform all the conditions and obligations to be observed and performed by it thereunder, unless such Credit Party determines in its reasonable good faith judgment that such Contract or License is no longer valuable to such Credit Party's business, economically or otherwise. Neither the Administrative Agent Lender nor any other Secured Party shall have any obligation or liability under any Contract or License Contractual Obligation by reason of or arising out of this Agreement Agreement, the other Loan Documents, or the granting herein to the Lender of a Lien thereon security interest therein or the receipt by Administrative Agent the Lender or any Secured Party Lender of any payment relating to any Contract or License Contractual Obligation pursuant hereto. Neither Administrative Agent , nor any Secured Party shall the Lender be required or obligated in any manner to perform or fulfill any of the obligations of any Credit Party the Grantor under or pursuant to any Contract or LicenseContractual 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 the sufficiency of any performance by any party under any Contract or LicenseContractual Obligation, or to present or file any claimsclaim, or to take any action to collect or enforce any performance or 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.

Appears in 1 contract

Samples: Credit Agreement (Hughes Electronics Corp)

Rights of Lender; Limitations on Lender’s Obligations. (a) Subject to each Credit Loan Party's ’s rights and duties under the Bankruptcy Code (including section 365 of the Bankruptcy Code), it is expressly agreed by each Credit Loan Party that, anything herein to the contrary notwithstanding, each such Credit Loan Party shall remain liable under each of its Contracts and each of its Licenses to observe and perform all the conditions and obligations to be observed and performed NY 72168370v12 by it thereunder, unless such Credit Party determines in its reasonable good faith judgment that such Contract or License is no longer valuable to such Credit Party's business, economically or otherwise. Neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any Contract or License by reason of or arising out of this Agreement Agreement, the Loan Documents, or the granting herein to the Administrative Agent of a Lien thereon security interest therein or the receipt by the Administrative Agent or any Secured Party Lender of any payment relating to any Contract or License pursuant hereto. Neither , nor shall the Administrative Agent nor any Secured Party shall be required or obligated in any manner to perform or fulfill any of the obligations of any Credit Loan Party under or pursuant to any Contract or LicenseContract, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any Contract or LicenseContract, or to present or file any claimsclaim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Appears in 1 contract

Samples: Entire Agreement (Greenville Tube CO)

Rights of Lender; Limitations on Lender’s Obligations. (a) Subject to each Credit Loan Party's rights and duties under the Bankruptcy Code (including section Section 365 of the Bankruptcy Code), it is expressly agreed by each Credit Loan Party that, anything herein to the contrary notwithstanding, each such Credit Loan Party shall remain liable under each of its Contracts and each of its Licenses to observe and perform all the conditions and obligations to be observed and performed by it thereunder, unless such Credit Party determines in its reasonable good faith judgment that such Contract or License is no longer valuable to such Credit Party's business, economically or otherwise. Neither the Administrative Agent nor any Secured Party shall have any obligation or liability under any Contract or License by reason of or arising out of this Agreement Agreement, the Loan Documents, or the granting herein to the Administrative Agent of a Lien thereon security interest therein or the receipt by the Administrative Agent or any Secured Party Lender of any payment relating to any Contract or License pursuant hereto. Neither , nor shall the Administrative Agent nor any Secured Party shall be required or obligated in any manner to perform or fulfill any of the obligations of any Credit Loan Party under or pursuant to any Contract or LicenseContract, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any Contract or LicenseContract, or to present or file any claimsclaim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Appears in 1 contract

Samples: Credit Agreement (Warnaco Group Inc /De/)

Rights of Lender; Limitations on Lender’s Obligations. (a) Subject to each Credit Loan Party's rights and duties under the Bankruptcy Code (including section 365 of the Bankruptcy Code), it is expressly agreed by each Credit Loan Party that, anything herein to the contrary notwithstanding, each such Credit Loan Party shall remain liable under each of its Contracts and each of its Licenses to observe and perform all the conditions and obligations to be observed and performed by it thereunder, unless such Credit Party determines in its reasonable good faith judgment that such Contract or License is no longer valuable to such Credit Party's business, economically or otherwise. Neither the Administrative Agent nor any Secured Party shall have any obligation or liability under any Contract or License by reason of or arising out of this Agreement Agreement, the Loan Documents, or the granting herein to the Agent of a Lien thereon security interest therein or the receipt by Administrative the Agent or any Secured Party Lender of any payment relating to any Contract or License pursuant hereto. Neither Administrative , nor shall the Agent nor any Secured Party shall be required or obligated in any manner to perform or fulfill any of the obligations of any Credit Loan Party under or pursuant to any Contract or LicenseContract, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any Contract or LicenseContract, or to present or file any claimsclaim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Appears in 1 contract

Samples: Credit Agreement (Integrated Health Services Inc)

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Rights of Lender; Limitations on Lender’s Obligations. (a) Subject a)Subject in the case of the Debtors to each Credit Party's Debtor’s rights and duties under the Bankruptcy Code (including section 365 of the Bankruptcy Code), to the extent applicable, it is expressly agreed by each Credit Party that, anything herein to the contrary notwithstanding, each such Credit Party shall remain liable under each of its Contracts and each of its Licenses to observe and perform all the conditions and obligations to be observed and performed by it thereunder, unless such Credit Party determines in its reasonable good faith judgment that such Contract or License is no longer valuable to such Credit Party's business, economically or otherwise. Neither the Administrative any Agent nor any Secured Party shall have any obligation or liability under any Contract or License by reason of or arising out of this Agreement Agreement, the Credit Documents, or the granting herein to the Collateral Agents of a Lien thereon security interest therein or the receipt by the Administrative Agent or any Secured Party Lender of any payment relating to any Contract or License pursuant hereto. Neither Administrative , nor shall any Agent nor any Secured Party shall be required or obligated in any manner to perform or fulfill any of the obligations of any Credit Party under or pursuant to any Contract or LicenseContract, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any Contract or LicenseContract, or to present or file any claimsclaim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Appears in 1 contract

Samples: Credit Agreement (Trico Marine Services Inc)

Rights of Lender; Limitations on Lender’s Obligations. (a) Subject to each Credit Loan Party's ’s rights and duties under the Bankruptcy Code (including section 365 of the Bankruptcy Code), it is expressly agreed by each Credit Loan Party that, anything herein to the contrary notwithstanding, each such Credit Loan Party shall remain liable under each of its Contracts and each of its Licenses to observe and perform all the conditions and obligations to be observed and performed by it thereunder, unless such Credit Party determines in its reasonable good faith judgment that such Contract or License is no longer valuable to such Credit Party's business, economically or otherwise. Neither the Administrative Agent nor any other Secured Party shall have any obligation or liability under any Contract or License by reason of or arising out of this Agreement Agreement, the Loan Documents, or the granting herein to the Administrative Agent of a Lien thereon security interest therein or the receipt by the Administrative Agent or any Secured Party Lender of any payment relating to any Contract or License pursuant hereto. Neither , nor shall the Administrative Agent nor any Secured Party shall be required or obligated in any manner to perform or fulfill any of the obligations of any Credit Loan Party under or pursuant to any Contract or LicenseContract, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any Contract or LicenseContract, or to present or file any claimsclaim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Appears in 1 contract

Samples: Loan Agreement (Pliant Corp)

Rights of Lender; Limitations on Lender’s Obligations. (a) Subject to each Credit Party's ’s rights and duties under the Bankruptcy Code (including section 365 of the Bankruptcy Code), it is expressly agreed by each Credit Party that, anything herein to the contrary notwithstanding, each such Credit Party shall remain liable under each of its Contracts and each of its Licenses to observe and perform all the conditions and obligations to be observed and performed by it thereunder, unless such Credit Party determines in its reasonable good faith judgment that such Contract or License is no longer valuable to such Credit Party's ’s business, economically or otherwise. Neither the Administrative Agent nor any Secured Party shall have any obligation or liability under any Contract or License by reason of or arising out of this Agreement or the granting herein of a Lien thereon or the receipt by Administrative Agent or any Secured Party of any payment relating to any Contract or License pursuant hereto. Neither Administrative Agent nor any Secured Party shall be required or obligated in any manner to perform or fulfill any of the obligations of any Credit Party under or pursuant to any Contract 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 the sufficiency of any performance by any party under any Contract or License, or to present or file any claims, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.

Appears in 1 contract

Samples: Credit Agreement (Delta Air Lines Inc /De/)

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