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. Subject to the foregoing, all risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc)
Bank’s Liability for Collateral. So long as Bank complies with ------------------------------- reasonable banking practices and Section 9207 9-207 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. Subject to the foregoing, all All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Us Search Corp Com), Loan and Security Agreement (Us Search Corp Com)
Bank’s Liability for Collateral. So long as 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. Subject to the foregoing, all risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Inktomi Corp)
Bank’s Liability for Collateral. So long as Bank complies with ------------------------------- reasonable banking practices, including Section 9207 9-207 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. Subject to the foregoing, all All risk of loss, damage damage, or destruction of the Collateral shall be borne by Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Inari Medical, Inc.), Loan and Security Agreement (Inari Medical, Inc.)
Bank’s Liability for Collateral. So long as 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 there occurring or arising in any manner or of 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. Subject to the foregoing, all All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement, Revolving Credit and Security Agreement (Ikos Systems Inc)
Bank’s Liability for Collateral. So long as Bank complies with ------------------------------- reasonable banking practices and 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. Subject to the foregoing, all All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Crystal Decisions Inc), Loan and Security Agreement (Avistar Communications Corp)
Bank’s Liability for Collateral. So long as 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. Subject to the foregoing, all risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (E Piphany Inc), Loan and Security Agreement (Nuko Information Systems Inc /Ca/)
Bank’s Liability for Collateral. So long as Bank complies with ------------------------------- Section 9207 of the CodeCode and only so long as any Obligations remain outstanding and unpaid under this Agreement, 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. Subject to the foregoing, all All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Cardiac Pathways Corp)
Bank’s Liability for Collateral. So long as 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. Subject to the foregoing, 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 Bank complies with ------------------------------- its obligations under Section 9207 of the Code, and only so long as any Obligations remain outstanding and unpaid under the Loan Documents, 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. Subject to the foregoing, all 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 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. Subject to Except as provided in the foregoingforegoing sentence, all risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Manhattan Associates Inc)
Bank’s Liability for Collateral. So long as Bank complies with its ------------------------------- obligations under Section 9207 of the Code, Bank shall not in any way or manner be liable or responsible for:
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. Subject to the foregoing, 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 Bank complies with ------------------------------- Section 9207 of the Codereasonable banking practices and does not act with gross negligence or willful misconduct, (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. Subject to the foregoing, and (ii) 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 Bank complies with ------------------------------- Section 9207 of reasonable banking practices and applicable law (including without limitation 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. Subject to the foregoing, all 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 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. Subject to the foregoingExcept as provided in Section 12.2 hereof, all risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrowers.
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Bank’s Liability for Collateral. So long as Bank complies with ------------------------------- Section 9207 of the Codereasonable banking practices and complies with applicable laws, Bank shall not in any way or manner be liable or responsible for:
: (a) the safekeeping of the Borrowers’ 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, agency or other person whomsoever. Subject to the foregoing, all All risk of loss, damage or destruction of the Borrowers’ Collateral shall be borne by BorrowerBorrowers.
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Samples: Loan and Security Agreement (Orchard Enterprises, 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:
: (ai) the safekeeping of the Collateral; (bii) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (ciii) any diminution in the value thereof: ; or (div) any act or default of any carrier, warehouseman, bailee, forwarding agency, agency or other person whomsoever. Subject to Absent the foregoingwillful misconduct or gross negligence on the part of Bank, all risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Salix Pharmaceuticals LTD)
Bank’s Liability for Collateral. So long as Bank complies with ------------------------------- Section 9207 of the CodeCode and 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. Subject to the foregoing, 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 Bank complies with ------------------------------- reasonable banking practices and Section 9207 9-207 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. Subject to the foregoing, all All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrowers.
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Bank’s Liability for Collateral. So To the extent permitted by applicable law, 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. Subject to the foregoing, all All risk of loss, damage or destruction of the Collateral shall be borne by BorrowerBorrowers.
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