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 Uniform Commercial Code, 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 (Stereotaxis, Inc.), Loan and Security Agreement (Esperion Therapeutics Inc/Mi), Loan and Security Agreement (Stereotaxis, Inc.)

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Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Uniform Commercial Code, Bank shall have no liability or responsibility for: 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 3 contracts

Samples: Loan and Security Agreement (Cardiac Science Inc), Loan and Security Agreement (Pixelworks Inc), Loan and Security Agreement (Akamai Technologies Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Uniform Commercial Codepractices, Bank shall have no liability it is not liable or responsibility 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 (Array Biopharma Inc), Loan and Security Agreement (Healthcare Com Corp)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Uniform Commercial Code, Bank shall have no liability or responsibility 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

Samples: Loan Modification Agreement (Ipass Inc)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Uniform Commercial Codepractices, Bank shall have no liability it is not liable or responsibility 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 9-207 of the Uniform Commercial Code, Bank shall have no liability or responsibility 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 9-207 of the Uniform Commercial Code, Bank shall have no liability or responsibility 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

Samples: Loan and Security Agreement (Pharsight Corp)

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Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and the Uniform Commercial Code, Bank shall have no liability or responsibility 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

Samples: Loan and Security Agreement (Animas Corp)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 9-207 of the Uniform Commercial Code, Bank shall have no liability or responsibility 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.)

Bank’s Liability for Collateral. If Bank complies with reasonable banking practices and Section 79.2070 of the Uniform Commercial Code, Bank shall have no liability it is not liable or responsibility 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 (Webridge Inc)

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