Common use of No Liability of Lender Clause in Contracts

No Liability of Lender. Neither the acceptance of this Agreement by Lender, nor the exercise of any rights hereunder by Lender, shall be construed in any way as an assumption by Lender of any Obligations, responsibilities or duties of Borrower arising in connection with any other business of Borrower or otherwise bind Lender to the performance of any Obligations with respect to the Collateral; it being expressly understood that Lender shall not be obligated to perform, observe or discharge any obligation, responsibility, duty, or liability of Borrower, including, but not limited to, appearing in or defending any action, expending any money or incurring any expense in connection therewith. Without limitation of the foregoing, neither this Agreement nor any action or actions on the part of Lender taken hereunder shall constitute an assumption by Lender of any Obligations of Borrower with respect to the Collateral or any documents or instruments executed in connection therewith, and Borrower shall continue to be liable for all of the Obligations thereunder or with respect thereto.

Appears in 3 contracts

Sources: Loan, Security and Pledge Agreement (Federal-Mogul Corp), Loan, Security and Pledge Agreement (Federal-Mogul Corp), Stock Option Agreement (Icahn Carl C)

No Liability of Lender. Neither the acceptance of this Agreement by Lender, nor the exercise of any rights hereunder by Lender, shall be construed in any way as an assumption by Lender of any Obligationsobligations, responsibilities or duties of Borrower arising in connection with any Resort or under the Timeshare Documents or Timeshare Acts, or under any of the Operating Contracts, or in connection with any other business of Borrower Borrower, or the Collateral, or otherwise bind Lender to the performance of any Obligations obligations with respect to any Resort or the Collateral; it being expressly understood that Lender shall not be obligated to perform, observe or discharge any obligation, responsibility, duty, or liability of BorrowerBorrower with respect to any Resort or any of the Collateral, or under any of the Timeshare Documents, the Timeshare Acts or under any of the Operating Contracts, including, but not limited to, appearing in or defending any action, expending any money or incurring any expense in connection therewith. Without limitation of the foregoing, neither this Agreement nor any action or actions on the part of Lender taken hereunder shall constitute an assumption by Lender of any Obligations of Borrower with respect to the Collateral or any documents or instruments executed in connection therewith, and Borrower shall continue to be liable for all of the Obligations thereunder or with respect thereto.this

Appears in 1 contract

Sources: Loan and Security Agreement (Silverleaf Resorts Inc)

No Liability of Lender. Neither the acceptance of this Agreement by Lender, nor the exercise of any rights hereunder by Lender, shall be construed in any way as an assumption by Lender of any Obligationsobligations, responsibilities or duties of Borrower arising in connection with the Inventory Collateral, under the Timeshare Act, or under any of the Material Project Agreements, or in connection with any other business of Borrower or any Material Party, or the Inventory Collateral, or otherwise bind Lender to the performance of any Obligations obligations with respect to the Borrower Project or the Inventory Collateral; it being expressly understood that Lender shall not be obligated to perform, observe or discharge any obligation, responsibility, duty, or liability of BorrowerBorrower or any Material Party with respect to any of the Inventory Collateral, under the Timeshare Act or under any of the Material Project Agreements, including, but not limited to, appearing in or defending any action, expending any money or incurring any expense in connection therewith. Without limitation of the foregoing, neither this Agreement nor Agreement, any action or actions on the part of Lender taken hereunder hereunder, shall constitute an assumption by Lender of any Obligations obligations of Borrower with respect to the Collateral Inventory Collateral, or any documents or instruments executed in connection therewith, and Borrower shall continue to be liable for all of the Obligations its obligations thereunder or with respect thereto.

Appears in 1 contract

Sources: Inventory Loan and Security Agreement (Diamond Resorts Corp)

No Liability of Lender. Neither the acceptance of this Agreement by Lender, nor the exercise of any rights hereunder by Lender, shall be construed in any way as an assumption by Lender of any Obligations, responsibilities or duties of Borrower or Guarantor arising in connection with the Casino, or under any of the Operating Contracts, or in connection with any other business of Borrower Borrower, Guarantor, or the Collateral, or otherwise bind Lender to the performance of any Obligations with respect to the Casino or the Collateral; it being expressly understood that Lender shall not be obligated to perform, observe or discharge any obligation, responsibility, duty, or liability of BorrowerBorrower or Guarantor , including, but not limited to, appearing in or defending any action, expending any money or incurring any expense in connection therewith. Without limitation of the foregoing, neither this Agreement nor any action or actions on the part of Lender taken hereunder hereunder, shall constitute an assumption by Lender of any Obligations of Borrower or Guarantor with respect to the Collateral Casino, the Collateral, or any documents or instruments executed in connection therewith, and Borrower and/or Guarantor shall continue to be liable for all of the Obligations thereunder or with respect thereto.

Appears in 1 contract

Sources: Loan and Security Agreement (Atlantic Coast Entertainment Holdings Inc)