Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable 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 (Comverge, Inc.), Loan and Security Agreement (Egain Communications Corp), Loan and Security Agreement (North American Scientific Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Uniform Commercial Code, it is not liable Bank shall have no liability or responsibility 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 (Esperion Therapeutics Inc/Mi), Loan and Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 9-207 of the Code, it is not 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 (Valueclick Inc/Ca), Loan and Security Agreement (Egain Communications Corp), Loan and Security Agreement (Novacept Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable 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 3 contracts
Samples: Loan and Security Agreement (Akamai Technologies Inc), Loan and Security Agreement (Cardiac Science Inc), Loan and Security Agreement (Pixelworks Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable 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 provided in the preceding sentence, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vascular Solutions Inc), Loan and Security Agreement (Atherogenics Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not 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 (Imagex Com Inc), Loan and Security Agreement (Sento Corp)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Codepractices, it is not 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. If Bank complies with reasonable banking practices, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Healthcare Com Corp), Loan and Security Agreement (Array Biopharma Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 section 9-207 of the Code, Code it is not liable 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 (Harmonic Lightwaves Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Codepractices, it is not 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 provided in the preceding sentence, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Synchronoss Technologies Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable 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. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable 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 1 contract
Bank’s Liability for Collateral. If So long as Bank complies with reasonable banking practices Bank regarding the safekeeping of Collateral and Section 9207 9-207 of the Code, it is 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
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable 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 person. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Ultimate Software Group Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable forliable: 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. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; Collateral or (d) any act or default of any carrier, warehouseman, bailee, or other person. Borrower bears all risk of loss, loss damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateralcollateral; (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 (Abovenet Communications Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is shall not be liable 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 person. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 79.2070 of the Code, it is not 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. If Bank complies with reasonable banking practices and Section 9207 9-207 of the Code, it is not liable 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 CollateralCollateral when in Borrower's control and possession.
Appears in 1 contract
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable 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 CollateralCollateral except for Bank's gross negligence and willful misconduct.
Appears in 1 contract
Samples: Loan and Security Agreement (Internap Network Services Corp/Wa)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable xxxxx 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 (Rosetta Inpharmatics Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is not liable 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 CollateralCollateral when in Borrower's possession and control.
Appears in 1 contract
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 of the Code, it is shall not be liable 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 person. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9207 9-207 of the Code, it is not liable 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 provided above, Borrower bears bears, all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Neah Power Systems, Inc.)
