Common use of Administrative Agent’s Liability for Collateral Clause in Contracts

Administrative Agent’s Liability for Collateral. So long as Administrative Agent complies with reasonable banking practices, Administrative Agent shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.)

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Administrative Agent’s Liability for Collateral. So long as Administrative Agent complies with reasonable banking practicespractices regarding the safekeeping of the Collateral in the possession or under the control of Administrative Agent, Administrative Agent shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any causeto the Collateral; (c) any diminution in the value thereofof the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoeverPerson. All Borrowers bear all risk of loss, damage or destruction of the Collateral shall be borne by BorrowerCollateral.

Appears in 2 contracts

Samples: Loan and Security Agreement (Horizon Pharma, Inc.), Loan and Security Agreement (Horizon Pharma, Inc.)

Administrative Agent’s Liability for Collateral. So long as Administrative Agent complies with reasonable banking practices, Administrative Agent shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrowers.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)

Administrative Agent’s Liability for Collateral. So long as the Administrative Agent complies with reasonable banking practicespractices regarding the safekeeping of the Collateral in the possession or under the control of the Administrative Agent, the Administrative Agent shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any causeto the Collateral; (c) any diminution in the value thereofof the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoeverPerson. All Borrower bears all risk of loss, damage or destruction of the Collateral shall be borne by BorrowerCollateral.

Appears in 1 contract

Samples: Loan and Security Agreement (UiPath, Inc.)

Administrative Agent’s Liability for Collateral. So long as Administrative Agent complies with reasonable banking practicesand customary Lenders’ practices regarding the safekeeping of the Collateral in the possession or under the control of Administrative Agent, Administrative Agent shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any causeto the Collateral; (c) any diminution in the value thereofof the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoeverPerson. All Borrower bears all risk of loss, damage or destruction of the Collateral shall be borne by BorrowerCollateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Zogenix, Inc.)

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Administrative Agent’s Liability for Collateral. So long as Administrative Agent complies with reasonable banking practicesagency practices regarding the safekeeping of the Collateral in the possession or under the control of Administrative Agent, Administrative Agent shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in to the value thereofCollateral; or (dc) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoeverPerson. All In no event shall Administrative Agent have any liability for any diminution in the value of the Collateral for any reason. Borrowers bear all risk of loss, damage or destruction of the Collateral shall be borne by BorrowerCollateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Horizon Pharma, Inc.)

Administrative Agent’s Liability for Collateral. So long as the Administrative Agent complies deals with reasonable banking practicesthe Collateral in its possession in the same manner as it deals with similar property held by it as a third party agent, the Administrative Agent shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any causeto the Collateral; (c) any diminution in the value thereofof the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoeverPerson. All The Issuer bears all risk of loss, damage or destruction of the Collateral shall be borne by BorrowerCollateral.

Appears in 1 contract

Samples: Note Purchase Agreement (Eargo, Inc.)

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