Agent’s Liability for Collateral. So long as Agent complies with its obligations, if any, under the Code, neither Agent nor Lenders shall in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner of fashion from any cause other than Agent’s or such Lender’s gross negligence or willful misconduct; (iii) any diminution in the value thereof; or (iv) 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 7 contracts
Samples: Loan and Security Agreement (Aquantia Corp), Loan and Security Agreement (Aquantia Corp), Loan and Security Agreement (Mascoma Corp)
Agent’s Liability for Collateral. So long as Agent complies with its obligations, if any, under the Code, neither Agent nor Lenders shall in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner of fashion from any cause other than Agent’s or such Lender’s gross negligence or willful misconduct; (iii) any diminution in the value thereof; or (iv) 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 4 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Mascoma Corp), Loan and Security Agreement (Mascoma Corp)
Agent’s Liability for Collateral. So long as Agent complies and the Lenders comply with its their obligations, if any, under the Code, neither Agent nor Lenders shall in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner of fashion from any cause other than Agent’s or such Lender’s gross negligence or willful misconduct; (iii) any diminution in the value thereof; or (iv) 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 3 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Adaptive Insights Inc), Loan and Security Agreement (Adaptive Insights Inc)
Agent’s Liability for Collateral. So long as Agent complies with its obligations, if any, under the Code, neither Agent nor or Lenders shall in any way or manner be liable or responsible for: (ia) the safekeeping of the Collateral; (iib) any loss or damage thereto occurring or arising in any manner of or fashion from any cause other than Agent’s or such Lender’s 's gross negligence or willful misconduct; (iiic) any diminution in the value thereof; or (ivd) 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 1 contract
Samples: Equipment Loan and Security Agreement (Egenera, Inc.)
Agent’s Liability for Collateral. So long as Agent complies with its obligations, if any, under the Code, neither Agent nor Lenders shall in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner of or fashion from any cause other than Agent’s or such Lender’s gross negligence or willful misconduct; (iii) any diminution in the value thereof; or (iv) 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 BorrowerLoan Parties. Section 10.04.
Appears in 1 contract
Samples: Loan and Security Agreement (Sterling Construction Co Inc)
Agent’s Liability for Collateral. So long as Agent complies with its obligations, if any, under the Code, neither Agent nor Lenders shall in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral; (ii) any loss or damage thereto occurring or arising in any manner of or fashion from any cause other than Agent’s or such Lender’s gross negligence or willful misconduct; (iii) any diminution in the value thereof; or (iv) 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 BorrowerLoan Parties.
Appears in 1 contract
Samples: Loan and Security Agreement (Sterling Construction Co Inc)