Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions 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 (Lantronix Inc), Loan and Security Agreement (Lantronix Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions 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 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 Modification Agreement (Sirf Technology Holdings Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions of the Code, it is not liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; 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 risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan Agreement (Cypress Semiconductor Corp /De/), Loan and Security Agreement (Cypress Semiconductor Corp /De/)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions Section 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 personPerson. Except as provided above, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Ar Financing Loan Agreement (Netlogic Microsystems Inc), Ar Financing Loan Agreement (Netlogic Microsystems Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions of the Code, it Bank 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, Loan and Security Agreement (Tivo Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions 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. Except as otherwise provided in this Section 9.5, 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 the applicable provisions 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, except those resulting from Bank's failure to comply with reasonable banking practices.
Appears in 1 contract
Bank’s Liability for Collateral. If Bank complies with reasonable --------------------------------- banking ------------------------------- practices and the applicable provisions 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. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Bio Imaging Technologies Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions Section 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 bear 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 the applicable provisions Section 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 1 contract
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions of the Code, it is not liable or responsible for: (ai) the safekeeping of the Collateral; (bii) any loss or damage to the Collateral; or (ciii) 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 (Commerce One Inc / De/)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions Section 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. Other than 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. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions 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 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 the applicable provisions 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. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Aml Communications Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions Section 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 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. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions Section 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 of 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 the applicable provisions 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.in
Appears in 1 contract
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions Section 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 The Borrowers bear 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 the applicable provisions 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. Except as provided above, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Analogic Technologies Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions of the Code, it the Bank 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 the applicable provisions 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. Each 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 the applicable provisions Section 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 1 contract
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions 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 personPerson. Except as provided above, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Thomas Weisel Partners Group, Inc.)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions 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. Subject to the foregoing, Borrower bears all risk of loss, damage or destruction of the Table of Contents Collateral.
Appears in 1 contract
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions Section 9-207 of the Code, it Bank 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
Samples: Loan and Security Agreement (Onyx Software Corp/Wa)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions 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. Except to the extent set forth in this Section 9.5, 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 the applicable provisions 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. Subject to the foregoing, 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 the applicable provisions Section 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. Except as provided above, Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Zynex Medical Holdings Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions of the Code, law 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 the applicable provisions of the Code, except as required by applicable law, it is 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 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 the applicable provisions Section 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 1 contract
Samples: Loan and Security Agreement (Plumtree Software Inc)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions of the Code, it is not liable or responsible 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 the applicable provisions Section 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 Except as provided above, Borrowers bear all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Ramtron International Corp)
Bank’s Liability for Collateral. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions Section 9-207 of the Code, it is not 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. If Bank complies with reasonable banking ------------------------------- practices and the applicable provisions Section 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.. 9.6
Appears in 1 contract
Samples: Loan and Security Agreement (Tanisys Technology Inc)
