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 and customary Lenders’ practices regarding the safekeeping of the Collateral in the possession or under the control of Administrative Agent, Administrative Agent shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.

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 and customary Lenders’ agency practices regarding the safekeeping of the Collateral in the possession or under the control of Administrative Agent, Administrative Agent shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; or (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears 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.

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 and customary Lenders’ practices regarding the safekeeping of the Collateral in its possession in the possession or under same manner as it deals with similar property held by it as a third party agent, the control of Administrative Agent, Administrative Agent shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower The Issuer bears all risk of loss, damage or destruction of the Collateral.

Appears in 1 contract

Samples: Note Purchase Agreement (Eargo, Inc.)

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Administrative Agent’s Liability for Collateral. So long as the Administrative Agent complies with reasonable and customary Lenders’ banking practices regarding the safekeeping of the Collateral in the possession or under the control of the Administrative Agent, the Administrative Agent shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.

Appears in 1 contract

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

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