Common use of BANK’S DISCRETION Clause in Contracts

BANK’S DISCRETION. Notwithstanding anything to the contrary contained herein, Bank is not obligated to finance any Eligible Accounts. Bank and Borrower hereby acknowledge and agree that Bank’s agreement to finance Eligible Accounts hereunder is discretionary in each instance. Accordingly, there shall not be any recourse to Bank, nor liability of Bank, on account of any delay in Bank’s making of, and/or any decline by Bank to make, any loan or advance requested hereunder. In addition, this Agreement may be terminated by Borrower or Bank at any time.

Appears in 5 contracts

Samples: Loan and Security Agreement (GigOptix, Inc.), Loan and Security Agreement (Cimetrix Inc), Loan and Security Agreement (Entrada Networks Inc)

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BANK’S DISCRETION. Notwithstanding anything to the contrary contained herein, Bank is not obligated to finance any Eligible Accounts. Bank and Borrower hereby acknowledge and agree that Bank’s 's agreement to finance Eligible Accounts hereunder is discretionary in each instance. Accordingly, there shall not be any recourse to Bank, nor liability of Bank, on account of any delay in Bank’s 's making of, and/or any decline by Bank to make, any loan or advance requested hereunder. In addition, this Agreement may be terminated by Borrower or Bank at any time.

Appears in 1 contract

Samples: Loan and Security Agreement (Viking Systems Inc)

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