Bank’s Liability for Collateral. Except as provided under 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.
Appears in 3 contracts
Samples: Loan and Security Agreement (MSC Software Corp), Loan and Security Agreement (Pharmchem Inc), Loan and Security Agreement (Pharmchem Laboratories Inc)
Bank’s Liability for Collateral. Except So long as provided under the CodeBank complies with 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 2 contracts
Samples: Loan and Security Agreement (Synchronicity Inc), Loan and Security Agreement (Jetfax Inc)
Bank’s Liability for Collateral. Except as provided If Bank complies with its obligations under Section 9207 of the Code, Bank shall Code and other applicable law it is 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. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Cosine Communications Inc)
Bank’s Liability for Collateral. Except So long as provided Bank complies with its obligations, if any, under 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 to the Collateral occurring or arising in any manner or fashion from any cause; , or (c) any diminution in the value thereof; or (d) any act or default of any carrierthe Collateral. All risk of loss, warehouseman, bailee, forwarding agencydamage, or other person whomsoeverdestruction of the Collateral shall be borne by the Loan Parties.
Appears in 2 contracts
Samples: Loan, Guarantee and Security Agreement (Great Elm Capital Corp.), Guarantee and Security Agreement (Great Elm Capital Corp.)
Bank’s Liability for Collateral. Except So long as provided under the CodeBank complies with 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; (cb) any diminution in the value thereof; or (dc) 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 (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc)
Bank’s Liability for Collateral. Except as provided under 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. Except So long as provided under the CodeBank complies with commercially 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 Borrowers.
Appears in 1 contract
Bank’s Liability for Collateral. Except as provided under 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; 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. Except as provided under 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, except to the extent resulting from Bank's gross negligence or willful misconduct.
Appears in 1 contract
Samples: Loan and Security Agreement (Ultra Clean Holdings Inc)
Bank’s Liability for Collateral. Except so long as provided Bank complies with its obligations under 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: Revolving Credit and Security Agreement (Com21 Inc)
Bank’s Liability for Collateral. Except So long as provided under the CodeBank complies with 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 Borrowers.
Appears in 1 contract
Bank’s Liability for Collateral. Except So long as provided under the CodeBank complies with 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
Bank’s Liability for Collateral. Except So long as provided under the CodeBank complies with 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.person
Appears in 1 contract
Bank’s Liability for Collateral. Except So long as provided under the CodeBank complies with 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 Borrowers.
Appears in 1 contract
Bank’s Liability for Collateral. Except So long as provided under the CodeBank complies with 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; or (c) any diminution in the value thereof; . All risk of loss, damage or (d) any act or default destruction of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoeverthe Collateral shall be borne by Borrower.
Appears in 1 contract