Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein: (a) each of the parties thereto will remain liable under each of the Credit Agreement Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been executed; (b) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Documents; and (c) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 2 contracts
Sources: Term Loan Agreement (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(a) each of the parties thereto will remain liable under each of the Credit Agreement Security Collateral Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Collateral Documents; and
(c) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 2 contracts
Sources: Collateral Trust Agreement (Banro Corp), Collateral Trust Agreement (Banro Corp)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(ai) each of the parties thereto will remain liable under each of the Credit Agreement Security Transaction Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(bii) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Transaction Documents; and
(ciii) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 2 contracts
Sources: Collateral Agency and Security Agreement (Firepond, Inc.), Security Agreement (Firepond, Inc.)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein, but subject in all respects to Section 7.8 hereof:
(a1) each of the parties thereto will remain liable under each of the Credit Agreement Security Transaction Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b2) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Transaction Documents; and
(c3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 2 contracts
Sources: Collateral Agency and Intercreditor Agreement (CBL & Associates Limited Partnership), Collateral Agency and Intercreditor Agreement (CBL & Associates Limited Partnership)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(a) each of the parties thereto hereto will remain liable under each of the Credit Agreement Security Documents Operative Agreements (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been executed;
(b) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security DocumentsOperative Agreements; and
(c) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 2 contracts
Sources: Security and Collateral Agency Agreement, Security and Collateral Agency Agreement (Expressjet Holdings Inc)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(a1) each of the parties thereto will remain liable under each of the Credit Agreement Security Instruments and Priority Lien Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been executed;
(b2) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the Security Instruments and other Credit Agreement Security Priority Lien Documents; and
(c3) the Collateral Agent will not be obligated to perform any of the obligations or duties of the Company or any of the parties thereunder Grantor or any other than those of the Collateral AgentPerson.
Appears in 1 contract
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(a1) each of the parties thereto will remain liable under each of the Credit Agreement Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b2) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Documents; and
(c3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 1 contract
Sources: Collateral Agency Agreement (Offshore Logistics INC)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein, but subject in all respects to Section 7.10 hereof:
(a1) each of the parties thereto will remain liable under each of the Credit Agreement Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b2) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Documents; and
(c3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 1 contract
Sources: Priority Facility Agreement (Trico Marine Services Inc)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(ai) each of the parties thereto will remain liable under each of the Credit Agreement Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been executed;
(bii) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Documents; and
(ciii) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 1 contract
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(a1) each of the parties thereto will remain liable under each of the Credit Agreement Security Parity Lien Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b2) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Documents; and
(c3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 1 contract
Sources: Collateral Agency Agreement (Advanced Audio Concepts, LTD)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein, but subject in all respects to Section 7.8 hereof:
(a1) each of the parties thereto will remain liable under each of the Credit Agreement Security Transaction Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b2) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Transaction Documents; and
(c3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.. ▇▇▇▇-▇▇▇▇-▇▇▇▇ v13 26
Appears in 1 contract
Sources: Collateral Agency and Intercreditor Agreement (CBL & Associates Limited Partnership)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(a) each of the parties thereto will remain liable under each of the Credit Agreement Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Documents; and
(c) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 1 contract
Sources: Collateral Trust Agreement (ICO Global Communications (Holdings) LTD)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(ai) each of the parties thereto will remain liable under each of to the Credit Agreement Security Documents (other than this Agreement) will remain liable thereunder to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been executed;
(bii) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Documents; and
(ciii) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than those of the Collateral Agent.
Appears in 1 contract
Sources: Collateral Agency and Intercreditor Agreement (Diamond Offshore Drilling, Inc.)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(a1) each of the parties thereto (other than the Collateral Agent) will remain liable under each of the Credit Agreement Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b2) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such any other parties from any of their respective duties or obligations under the other Credit Agreement Security Documents; and
(c3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder to the Security Documents other than those of the Collateral Agent.
Appears in 1 contract
Sources: Collateral Trust and Intercreditor Agreement (Foresight Energy LP)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(a) each of the parties thereto will remain liable under each of the Credit Agreement Security Collateral Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Collateral Documents; and
(c) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 1 contract
Sources: Collateral Trust and Agency Agreement (Postmedia Network Canada Corp.)
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(a) each of the parties thereto will remain liable under each of the Credit Agreement Security Documents Instruments (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security DocumentsSwap Instrument; and
(c) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 1 contract
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(a) each of the parties thereto will remain liable under each of the Credit Agreement Security Collateral Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Collateral Documents; and
(c) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 1 contract
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein:
(a1) each of the parties thereto will remain liable under each of the Credit Agreement Pari Passu Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been executed;
(b2) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Pari Passu Security Documents; and
(c3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 1 contract
Assumption of Rights, Not Assumption of Duties. Notwithstanding anything to the contrary contained herein, but subject in all respects to Section 7.8 hereof:
(a1) each of the parties thereto will remain liable under each of the Credit Agreement Security Documents (other than this Agreement) to the extent set forth therein to perform all of their respective duties and obligations thereunder to the same extent as if this Agreement had not been be executed;
(b2) the exercise by the Collateral Agent of any of its rights, remedies or powers hereunder will not release such parties from any of their respective duties or obligations under the other Credit Agreement Security Documents; and
(c3) the Collateral Agent will not be obligated to perform any of the obligations or duties of any of the parties thereunder other than those of the Collateral Agent.
Appears in 1 contract
Sources: Working Capital Facility Agreement (Trico Marine Services Inc)