Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Code, Bank shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 4 contracts
Samples: Loan and Security Agreement (Graphix Zone Inc/De), Loan and Security Agreement (Pumatech Inc), Loan and Security Agreement (Photon Dynamics Inc)
Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Codereasonable banking 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 thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrowers.
Appears in 4 contracts
Samples: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Maxwell Technologies Inc), Loan and Security Agreement (Spectranetics Corp)
Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Code------------------------------- reasonable banking practices and applicable law, Bank shall not in any way or manner be liable or responsible for:
(a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; : (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 3 contracts
Samples: Export Import Bank Loan and Security Agreement, Loan and Security Agreement (Seachange International Inc), Loan and Security Agreement (Seachange International Inc)
Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Code------------------------------- reasonable banking 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 thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrowers.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ise Labs Inc), Loan and Security Agreement (SQL Financials International Inc /De)
Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Codereasonable banking 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 thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by the Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vista Medical Technologies Inc), Loan and Security Agreement (Vista Medical Technologies Inc)
Bank’s Liability for Collateral. So long as each Bank complies with Section 9207 of the Codeprudent banking practices, such Bank shall not in any way or manner be liable or responsible for:
(a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Tegal Corp /De/), Loan and Security Agreement (Tegal Corp /De/)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices consistent with Section 9207 of the Code, Bank shall not in any way or manner be liable or responsible for:
: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Ditech Communications Corp)
Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Code------------------------------- reasonable banking 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 thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, loss or damage or destruction of the Collateral shall be borne by Borrower.
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Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Codereasonable banking practices, Bank shall not in any way or manner be liable or responsible for:
(a) the safekeeping of the Collateral; (b) any b)any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. 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 Section 9207 of reasonable banking practices and the Code, Bank shall not in any way or manner be liable or responsible for:
: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. 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 Section 9207 of the Codereasonable banking practices, Bank shall not in any way or manner be liable or responsible for:
(a) the safekeeping of the Collateral; (b) any b)_any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Maxim Pharmaceuticals Inc)
Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Code------------------------------- reasonable banking 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 thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, . bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Copper Mountain Networks Inc)
Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Codereasonable banking practices and applicable law, Bank shall not in any way or manner be liable or responsible for:
(a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. 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 Section 9207 of the Codereasonable banking practices, (i) Bank shall not in any way or manner be liable or responsible for:
(a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All , and (ii) all risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Juno Online Services Inc)
Bank’s Liability for Collateral. So long as the Bank complies with Section 9207 of reasonable banking practices, the Code, Bank shall not in any way or manner be liable or responsible for:
(a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrowers.
Appears in 1 contract
Samples: Loan Agreement (Moldflow Corp)
Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Codereasonable banking 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 thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
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Bank’s Liability for Collateral. So long as the Bank complies with Section 9207 reasonable banking practices regarding the safekeeping of collateral, the Code, Bank shall not in any way or manner be liable or responsible for:
(a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any causeto the Collateral; (c) any diminution in the value thereofof the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoeverperson. All Subject to the foregoing, Borrower bears all risk of loss, damage or destruction of the Collateral shall be borne by BorrowerCollateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Aspen Technology Inc /De/)
Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices consistent with Section 9207 of the Code, Bank shall not in any way or manner be liable or responsible for:
(a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Lynx Therapeutics Inc)
Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Codereasonable banking practices, Bank shall not in any way or manner be liable or responsible for:
(a) the safekeeping of the Collateral; (bCollateral;(b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; cause (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Headway Technologies Inc)
Bank’s Liability for Collateral. So long as Bank complies with Section 9207 of the Codereasonable banking 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 thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All Bank shall not bear any risk of loss, damage damage, or destruction of to the Collateral shall be borne by BorrowerCollateral.
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