Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 502 contracts
Samples: Loan and Security Agreement (Couchbase, Inc.), Loan and Security Agreement (BioAge Labs, Inc.), Loan and Security Agreement (Weave Communications, Inc.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankpractices, Bank shall not in any way or manner be liable or responsible for: :
(a) the safekeeping of the Collateral; (b) any loss or damage to the Collateralthereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value of the Collateralthereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Personperson whomsoever. Borrower bears all All risk of loss, damage or destruction of the CollateralCollateral shall be borne by Borrower.
Appears in 102 contracts
Samples: Loan and Security Agreement (BlackSky Technology Inc.), Loan and Security Agreement (Resound Corp), Loan and Security Agreement (Ibasis Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankpractices, Bank shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateralthereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value of the Collateralthereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Personperson whomsoever. Borrower bears all All risk of loss, damage or destruction of the CollateralCollateral shall be borne by Borrower.
Appears in 94 contracts
Samples: Loan and Security Agreement (Zedge, Inc.), Loan and Security Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Security Agreement (6d Bytes Inc.)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall it is 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 49 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement, Loan and Security Agreement (Aerohive Networks, Inc)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding the safekeeping and Section 9-207 of the Collateral in the possession or under the control of BankCode, Bank shall it is 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 46 contracts
Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Saba Software Inc)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding and the safekeeping of the Collateral in the possession or under the control of BankCode, Bank shall it is 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 33 contracts
Samples: Loan and Security Agreement (Kintera Inc), Loan and Security Agreement (Dpac Technologies Corp), Loan and Security Agreement (Harmonic Inc)
Bank’s Liability for Collateral. So long as Bank complies with applicable law and reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 33 contracts
Samples: Loan and Security Agreement (Homology Medicines, Inc.), Loan and Security Agreement (Acell Inc), Loan and Security Agreement
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankpractices, Bank shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateralthereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value of the Collateralthereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Personperson whomsoever. Borrower bears all All risk of loss, damage or destruction of the CollateralCollateral shall be borne by Borrowers.
Appears in 30 contracts
Samples: Loan and Security Agreement (Silvaco Group, Inc.), Loan and Security Agreement (ThredUp Inc.), Loan and Security Agreement (ThredUp Inc.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Borrowers bear all risk of loss, damage or destruction of the Collateral.
Appears in 28 contracts
Samples: Loan and Security Agreement (Minerva Surgical Inc), Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (BK Technologies Corp)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding the safekeeping and Section 9-207 of the Collateral in the possession or under the control of BankCode, Bank shall it is 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 Personperson. Except as provided above, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 27 contracts
Samples: Loan and Security Agreement (Cardiomems Inc), Loan and Security Agreement (Transoma Medical Inc), Loan and Security Agreement (Smart Move, Inc.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 25 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Forescout Technologies, Inc), Loan and Security Agreement (Forescout Technologies, Inc)
Bank’s Liability for Collateral. So long as Bank complies with ------------------------------- reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankpractices, Bank shall not in any way or manner be liable or responsible for: :
(a) the safekeeping of the Collateral; (b) any loss or damage to the Collateralthereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value of the Collateralthereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Personperson whomsoever. Borrower bears all All risk of loss, damage or destruction of the CollateralCollateral shall be borne by Borrower.
Appears in 18 contracts
Samples: Loan and Security Agreement (Orapharma Inc), Loan and Security Agreement (Egain Communications Corp), Loan and Security Agreement (LTX Corp)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankcollateral, Bank 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 13 contracts
Samples: Loan and Security Agreement (Entrada Networks Inc), Loan and Security Agreement (Insignia Solutions PLC), Loan and Security Agreement (Axesstel Inc)
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 12 contracts
Samples: Loan and Security Agreement (Open Solutions Inc), Loan and Security Agreement (LTX Corp), Loan and Security Agreement (Color Kinetics Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall not be liable or responsible for: 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 11 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Ooma Inc), Mezzanine Loan and Security Agreement (Ooma Inc)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankpractices, Bank shall it is 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 11 contracts
Samples: Loan and Security Agreement (Hearme), Loan and Security Agreement (Pharsight Corp), Loan and Security Agreement (Sigmatel Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of Collateral and Section 9-207 of the Collateral in the possession or under the control of BankCode, Bank 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 9 contracts
Samples: Loan and Security Agreement (LTX Corp), Loan Agreement (LTX Corp), Loan and Security Agreement (Physiometrix Inc)
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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 8 contracts
Samples: Loan and Security Agreement (Lynx Therapeutics Inc), Loan and Security Agreement (Voxware Inc), Loan and Security Agreement (Skillsoft Public Limited Co)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Co-Borrowers bear all risk of loss, damage or destruction of the Collateral.
Appears in 8 contracts
Samples: Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Verona Pharma PLC), Mezzanine Loan and Security Agreement (Upstart Holdings, Inc.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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. Except as set forth in the preceding sentence, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 6 contracts
Samples: Loan and Security Agreement (Grove Collaborative Holdings, Inc.), Loan and Security Agreement (Biodesix Inc), Loan and Security Agreement (NanoString Technologies Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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. Except as described above in this Section 9.5, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 6 contracts
Samples: Mezzanine Loan and Security Agreement (Health Catalyst, Inc.), Loan and Security Agreement (Health Catalyst, Inc.), Mezzanine Loan and Security Agreement (Health Catalyst, Inc.)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding and the safekeeping of the Collateral in the possession or under the control of BankCode, Bank shall it is 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 Personperson. Borrower bears Borrowers bear all risk of loss, damage or destruction of the Collateral.
Appears in 6 contracts
Samples: Loan and Security Agreement (Immunicon Corp), Loan and Security Agreement (Manugistics Group Inc), Loan and Security Agreement (Immunicon Corp)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices and the Code regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 5 contracts
Samples: Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (Luca Technologies Inc)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding the safekeeping and Section 9207 of the Collateral in the possession or under the control of BankCode, Bank shall it is 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 Personperson. Borrower otherwise bears all risk of loss, damage or destruction of the Collateral.
Appears in 4 contracts
Samples: Loan and Security Agreement (Sipex Corp), Loan and Security Agreement (California Micro Devices Corp), Loan and Security Agreement (California Micro Devices Corp)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 The Loan Parties bear all risk of loss, damage or destruction of the Collateral.
Appears in 4 contracts
Samples: Loan and Security Agreement (KORU Medical Systems, Inc.), Loan and Security Agreement (Broadscale Acquisition Corp.), Loan and Security Agreement (HashiCorp, Inc.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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. Each Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 4 contracts
Samples: Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (MEDecision, Inc.), Loan and Security Agreement (Ultra Clean Holdings Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of BankCollateral, Bank 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 4 contracts
Samples: Loan and Security Agreement (Equinix Inc), Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Ikanos Communications)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 and Guarantors bear all risk of loss, damage or destruction of the Collateral.
Appears in 4 contracts
Samples: Loan and Security Agreement (Radisys Corp), Loan and Security Agreement (Radisys Corp), Loan and Security Agreement (Radisys Corp)
Bank’s Liability for Collateral. So long as the Bank complies with ------------------------------- reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 3 contracts
Samples: Loan and Security Agreement (Switchboard Inc), Loan and Security Agreement (Phase2media Inc), Loan and Security Agreement (LTX Corp)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding and the safekeeping of the Collateral in the possession or under the control of BankCode, Bank shall it is 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. Each Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 3 contracts
Samples: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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 Personperson. Except for the foregoing, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 3 contracts
Samples: Loan and Security Agreement (Bottomline Technologies Inc /De/), Loan and Security Agreement (Applix Inc /Ma/), Loan and Security Agreement (Applix Inc /Ma/)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankcollateral, Bank 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 3 contracts
Samples: Loan and Security Agreement (GlobalOptions Group, Inc.), Loan and Security Agreement (Peerless Systems Corp), Loan and Security Agreement (Viking Systems Inc)
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices and applicable law regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 3 contracts
Samples: Loan and Security Agreement (Smarterkids Com Inc), Loan and Security Agreement (Smarterkids Com Inc), Loan and Security Agreement (Learningstar Inc)
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 3 contracts
Samples: Loan and Security Agreement (Genzyme Transgenics Corp), Loan and Security Agreement (NMS Communications Corp), Loan and Security Agreement (Art Technology Group Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Borrowers bears all risk of loss, damage or destruction of the Collateral.
Appears in 3 contracts
Samples: Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (GOOD TECHNOLOGY Corp), Loan and Security Agreement (GOOD TECHNOLOGY Corp)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices and Section 9-207 of the Code regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 3 contracts
Samples: Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC)
Bank’s Liability for Collateral. So long as Bank complies with applicable law and reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 3 contracts
Samples: Loan and Security Agreement (Cornerstone OnDemand Inc), Loan and Security Agreement (Cornerstone OnDemand Inc), Loan and Security Agreement (Cornerstone OnDemand Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Collateralcollateral; 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 3 contracts
Samples: Loan and Security Agreement (Entropic Communications Inc), Loan and Security Agreement (Entropic Communications Inc), Loan and Security Agreement (Entropic Communications Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 2 contracts
Samples: Loan and Security Agreement (Interlink Electronics Inc), Loan and Security Agreement (Interlink Electronics Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or its obligations, if any, under the control of BankCode, Bank shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; , (b) any loss or damage to the Collateral; Collateral occurring or arising in any manner or fashion from any cause, 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 all All risk of loss, damage damage, or destruction of the CollateralCollateral shall be borne by the Loan Parties.
Appears in 2 contracts
Samples: Loan, Guarantee and Security Agreement (Great Elm Capital Corp.), Loan, Guarantee and Security Agreement (Great Elm Capital Corp.)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding and the safekeeping of the Collateral in the possession or under the control of BankCode, Bank shall it is 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 Personperson. Borrower bears and the Borrower Subsidiaries bear all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Silicon Storage Technology Inc), Loan and Security Agreement (Silicon Storage Technology Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, practices. Bank shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateralthereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value of the Collateralthereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Personperson whomsoever. Borrower bears all All risk of loss, damage or destruction of the CollateralCollateral shall be borne by Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Soundbite Communications Inc), Loan and Security Agreement (Speechworks International Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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. The Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Mimecast LTD)
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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 Debtor bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Security Agreement (Reval Holdings Inc), Security Agreement (GlobalOptions Group, Inc.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of BankBank and Section 9-207 of the Code, Bank 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 2 contracts
Samples: Loan and Security Agreement (Apellis Pharmaceuticals, Inc.), Loan and Security Agreement (Cavium Networks)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices and Section 9-207 of the Code regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Audience Inc)
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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 2 contracts
Samples: Loan and Security Agreement (Aprimo, INC), Loan and Security Agreement (American Science & Engineering Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall not be liable or responsible for: 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. Subject to the immediately preceding sentence. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Adaptive Insights Inc), Loan and Security Agreement (Adaptive Insights Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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, so long as Bank complies with the above referenced standard.
Appears in 2 contracts
Samples: Loan and Security Agreement (Intellon Corp), Loan and Security Agreement (Intellon Corp)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankcollateral, Bank 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 Borrowers bear all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Global Telecom & Technology, Inc.), Loan and Security Agreement (Global Telecom & Technology, Inc.)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding and the safekeeping of the Collateral in the possession or under the control of BankCode, Bank shall it is 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 Personperson. Borrower bears bars all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (Sirf Technology Holdings Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall not be liable or responsible for: (a) for 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 2 contracts
Samples: Loan and Security Agreement (Twilio Inc), Loan and Security Agreement (Twilio Inc)
Bank’s Liability for Collateral. So long as Bank complies with applicable law and reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 2 contracts
Samples: Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (NMS Communications Corp)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding and the safekeeping of the Collateral in the possession or under the control of BankCode, Bank shall is 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Tivo Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 2 contracts
Samples: Loan and Security Agreement (Sophiris Bio Inc.), Loan and Security Agreement (Tracon Pharmaceuticals, Inc.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankpractices, Bank shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateralthereto occurring or arising in any manner or fashion from any cause; (cb) any diminution in the value of the Collateralthereof; or (dc) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Personperson whomsoever. Borrower bears all All risk of loss, damage or destruction of the CollateralCollateral shall be borne by Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding the safekeeping its obligations under Section 9207 of the Collateral in the possession or under the control of Bank, Bank shall Code and other applicable law it is 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Cosine Communications Inc)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking ------------------------------- practices regarding and the safekeeping applicable provisions of the Collateral in the possession or under the control of BankCode, Bank shall it is 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc)
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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 (dor(d) any act or default of any carrier, warehouseman, bailee, or other Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan Modification Agreement (Phase Forward Inc), Loan Modification Agreement (Phase Forward Inc)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankpractices, Bank shall it is 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 Personperson. Borrower bears Borrowers bear all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Blackboard Inc), Loan and Security Agreement (Blackboard Inc)
Bank’s Liability for Collateral. So long as Bank complies with takes commercially reasonable banking practices actions regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 2 contracts
Samples: Loan and Security Agreement (Array Biopharma Inc), Loan and Security Agreement (Array Biopharma Inc)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank------------------------------- practices, Bank shall it is 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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, except as set forth in the previous sentence.
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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, Bailee or other Person. Borrower Each Obligor bears all risk of loss, loss of or damage or destruction of to the CollateralCollateral granted by it.
Appears in 1 contract
Samples: Loan Agreement (Affimed N.V.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, practices. Bank shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateralthereto occurring or arising in any manner of fashion from any cause; (c) any diminution in the value of the Collateralthereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Personperson whomsoever. Borrower bears all All risk of loss, damage or destruction of the CollateralCollateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Scientific Learning Corp)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 and each Guarantor bear all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, unless prohibited by applicable law, the Collateral in the possession or under the control of Bank, Bank 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Onesource Information Services Inc)
Bank’s Liability for Collateral. So long as Bank complies exercises reasonable care in compliance with reasonable banking practices the Code, regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices and applicable laws and regulations regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Borrowers bear all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Internet Brands, Inc.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Borrowers bear all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (MRV Communications Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall not be liable or responsible for: (a) the safekeeping of the Collateral; or (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 (TerraVia Holdings, Inc.)
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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, baileexxxxxx, or other Personperson. Except as described above, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding and the safekeeping of the Collateral in the possession or under the control of BankCode, Bank except as required by applicable law, it shall not be liable or responsible for: (ai) the safekeeping of the Collateral; (bii) any loss or damage to the Collateral; (ciii) any diminution in the value of the Collateral; or (div) any act or default of any carrier, warehouseman, bailee, or other Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Obligors bear all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall not be liable or responsible for: (a46) the safekeeping of the Collateral; (b47) any loss or damage to the Collateral; (c48) any diminution in the value of the Collateral; or (d49) 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
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall is 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 Personperson. Except as provided above, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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 Personperson. Borrower bears Borrowers bear all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking industry practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 (Beceem Communications Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankpractices, Bank shall not in any way or manner 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.thereto occurring or
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with applicable law and reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Debtor bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as If Bank complies with commercially reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Banklaw, Bank shall it is 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral, other than that arising from gross negligence or wilful misconduct.
Appears in 1 contract
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank 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 or, default of any carrier, warehouseman, bailee, or other Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Art Technology Group Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Co-Borrowers bear all risk of loss, damage or destruction destrnction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Augme Technologies, Inc.)
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bankpractices, Bank shall it is 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 Personperson. Borrower bears all risk of loss, damage or destruction of the CollateralCollateral not caused solely by the gross negligence or willful misconduct of Bank.
Appears in 1 contract
Bank’s Liability for Collateral. So long as If Bank complies with reasonable banking practices regarding the safekeeping and Section 9-207 of the Collateral in the possession or under the control of BankCode, Bank shall it is 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 Personperson. Borrower bears all risk of loss, damage or destruction of the CollateralCollateral when in Borrower's or any other party's control and possession.
Appears in 1 contract
Samples: Loan and Security Agreement (Alteon Websystems Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Guarantor bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Security Agreement (Global Telecom & Technology, Inc.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall not be liable or responsible for: for (a23) the safekeeping of the Collateral; (b23) any loss or damage to the Collateral; (c23) any diminution in the value of the Collateral; or (d23) 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 (Aerohive Networks, Inc)
Bank’s Liability for Collateral. So long as the Bank complies with reasonable banking practices regarding the safekeeping of collateral, the Collateral in the possession or under the control of Bank, Bank shall not be liable or responsible for: (a) the safekeeping of the 12 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 Personperson. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices and the Code regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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. Except as set forth above, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Agreement (Amber Road, Inc.)
Bank’s Liability for Collateral. 25.1. So long as the Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of the Bank, the Bank 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 Agreement (Midatech Pharma PLC)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Debtor bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Security Agreement (Netlist Inc)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of BankBank and Section 9-207 of the Code, Bank shall not be liable or responsible for: 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
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, practices. Bank shall not in any way or manner be liable or responsible for: ; (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateralthereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value of the Collateralthereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Personperson whomsoever. Borrower bears all All risk of loss, damage or destruction of the CollateralCollateral shall be borne by Borrower.
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall not be liable to Borrower 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
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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. Except as described above, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall not be liable or responsible for: or
(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 Borrowers bear all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank 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 Loan Parties bear all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (PROCEPT BioRobotics Corp)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall not be liable or responsible for: (a1) the safekeeping of the Collateral; (b1) any loss or damage to the Collateral; (c1) any diminution in the value of the Collateral; or (d1) 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 (Castlight Health, Inc.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of BankCollateral, Bank 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 (Digital Impact Inc /De/)
