Common use of Bank’s Liability for Collateral Clause in Contracts

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Code, it is not liable 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.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cypress Semiconductor Corp /De/), Loan Agreement (Cypress Semiconductor Corp /De/)

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Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Code, it is shall not be liable 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 (iv) 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 (Intraware Inc), Loan and Security Agreement (Invision Technologies Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9-207 of the Code, it is not liable 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. 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 Code, it is not liable 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. 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

Samples: Loan and Security Agreement (Witness Systems Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9-207 of the Code, it Bank is not liable 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 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 Code, it is not liable 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, except those resulting from Bank's failure to comply with reasonable banking practices.

Appears in 1 contract

Samples: Loan and Security Agreement (Clarent Corp/Ca)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Code, it is not liable for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; or (c) any diminution in in 14. 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 (Palm Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Code, it is not liable 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. 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

Samples: Loan and Security Agreement (Raining Data Corp)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Code, it is not liable 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. Subject to the foregoing, Borrower bears all risk of loss, damage or destruction of the Table of Contents Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Optio Software Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Code, it the Bank is not liable 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 1 contract

Samples: Loan and Security Agreement (Sourcefire Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Code, applicable law it is not liable 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 1 contract

Samples: Loan and Security Agreement (Matrixone Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and 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; 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 1 contract

Samples: Loan and Security Agreement (Exe Technologies Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9-207 of the Code, it is not liable 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 bear all risk of loss, damage or destruction of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Synaptics Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Code, it is not liable 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. Each Borrower bears all risk of loss, damage or destruction of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Ecollege Com)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9-207 of the Code, it is not liable 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. 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 Section 9-207 of the Code, it is not liable 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. 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 Section 9-207 of the Code, it is not liable 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Plumtree Software Inc)

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Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9-207 of the Code, it is not liable 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 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

Samples: Loan and Security Agreement (Lantronix)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9-207 of the Code, it is not liable for: 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 1 contract

Samples: Loan and Security Agreement (Egroups Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9-207 of the Code, it is not liable 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 1 contract

Samples: Loan and Security Agreement (DemandTec, 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; or (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 Codepractices, 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 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 Code, it is not liable 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. Subject to the foregoing, Borrower bears all risk of loss, damage or destruction of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Optio Software 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; or (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 (Thomas Weisel Partners Group, Inc.)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9-207 of the Code, it is not liable 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. Other than as set forth above, Borrower bears all risk of loss, damage or destruction of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Cell Genesys Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9-207 of the Code, it is not liable 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. The Borrowers bear all risk of loss, damage or destruction of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (3d Systems Corp)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Code, it is not liable 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Commerce One Inc / De/)

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