Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 181 contracts
Samples: Loan and Security Agreement (AvePoint, Inc.), Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (NewAge, Inc.)
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrowers.
Appears in 28 contracts
Samples: Loan and Security Agreement (Limeade, Inc), Loan and Security Agreement (Interpace Biosciences, Inc.), Loan and Security Agreement (Warby Parker Inc.)
Bank’s Liability for Collateral. As long as Bank complies with reasonable banking practices, Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower, except to the extent caused by Bank’s gross negligence or willful misconduct.
Appears in 3 contracts
Samples: Loan and Security Agreement (Somaxon Pharmaceuticals, Inc.), Loan and Security Agreement (Santarus Inc), Loan and Security Agreement (Santarus Inc)
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower, absent gross negligence or willful misconduct on the part of the Bank.
Appears in 3 contracts
Samples: Loan, Guaranty and Security Agreement (Cinedigm Corp.), Guaranty and Security Agreement (Cinedigm Corp.), Loan, Guaranty and Security Agreement (Cinedigm Corp.)
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by Borrowerthe Loan Parties.
Appears in 2 contracts
Samples: Loan and Security Agreement (IsoPlexis Corp), Loan and Security Agreement (PhenomeX Inc.)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices, Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Masergy Communications Inc)
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerObligors.
Appears in 2 contracts
Samples: Loan and Security Agreement (Max International Inc), Loan and Security Agreement (Max 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 control of Bank, Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. sale All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Bank’s Liability for Collateral. So long as Bank complies with commercially reasonable banking practices, Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (IPC the Hospitalist Company, Inc.)
Bank’s Liability for Collateral. Bank has shall have no obligation obligations to clean up or otherwise prepare all or any part of the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrower and its Subsidiaries.
Appears in 1 contract
Samples: Loan and Security Agreement (NightHawk Radiology Holdings Inc)
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrower unless such loss damage or destruction is caused by Bank’s negligence or willful misconduct.
Appears in 1 contract
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrower except for any loss, damage or destruction caused by Bank’s gross negligence or willful misconduct.
Appears in 1 contract
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of lossofloss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrower absent Bank’s negligence, willful misconduct, recklessness, or fraud.
Appears in 1 contract
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower, other than any loss, damage or destruction caused by Bank’s gross negligence or willful misconduct.
Appears in 1 contract
Samples: Loan and Security Agreement (Cidara Therapeutics, Inc.)
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. 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 (Turnstone Biologics Corp.)
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, all risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Rally Software Development Corp)
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare all or any part of the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrower and its Subsidiaries.
Appears in 1 contract
Samples: Loan and Security Agreement (Orchid Biosciences Inc)
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.. Comerica Bank - Loan and Security Agreement
Appears in 1 contract
Samples: Loan and Security Agreement (Orasure Technologies Inc)
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrower other than any loss, damage or destruction resulting from Bank’s gross negligence or willful misconduct.
Appears in 1 contract
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower, except for that which results from Bank’s gross negligence or willful misconduct.
Appears in 1 contract
Samples: Loan and Security Agreement (Diamond Eagle Acquisition Corp. \ DE)
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrowers, except to the extent caused by the gross negligence or willful misconduct of Bank or its agents or employees.
Appears in 1 contract
Bank’s Liability for Collateral. Bank has no obligation to clean up or otherwise prepare the Collateral for sale. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower, until such time as the Bank has taken possession of the Collateral (exclusive to the rights of Borrower therein).
Appears in 1 contract
Samples: Loan and Security Agreement (Irvine Sensors Corp/De/)
