Common use of Lenders’ Expenses Clause in Contracts

Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities as required under the terms of this Agreement, then Lender may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s loan account as Lender deems necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 of this Agreement, and take any action with respect to such policies as Lender deems prudent. Any amounts paid or deposited by Lender shall constitute Lender’s Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Knightscope, Inc.)

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Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s 's loan account as Lender deems necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 of this Agreement, and take any action with respect to such policies as Lender deems prudent. Any amounts paid or deposited by Lender shall constitute Lender’s 's Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Array Biopharma Inc)

Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s 's loan account as Lender deems necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 SECTION 6.9 of this Agreement, and take any action with respect to such policies as Lender deems prudent. Any amounts paid or deposited by Lender shall constitute Lender’s 's Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Soundbite Communications Inc)

Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s 's loan account as Lender deems deem necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section SECTION 6.8 of this Agreement, and take any action with respect to such policies as Lender deems deem prudent. Any amounts paid or deposited by Lender shall constitute Lender’s 's Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Skystream Networks Inc)

Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s 's loan account as Lender deems deem necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section SECTION 6.8 of this Agreement, and take any action with respect to such policies as Lender deems deem prudent. Any amounts paid or deposited by Lender shall constitute Lender’s 's Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.an

Appears in 1 contract

Samples: Loan and Security Agreement (Vnus Medical Technologies Inc)

Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s 's loan account as Lender deems necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 SECTION 6.9(A)(I) of this Agreement, and take any action with respect to such policies as Lender deems deem prudent. Any amounts paid or deposited by Lender shall constitute Lender’s 's Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Alnylam Pharmaceuticals Inc)

Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender may do any or all of the following: ; (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s 's loan account as Lender deems necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 SECTION 6.9 of this Agreement, and take any action with respect to such policies as Lender deems prudent. Any amounts paid or deposited by Lender shall constitute Lender’s 's Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Soundbite Communications Inc)

Lenders’ Expenses. If Borrower fails to pay any amounts or ----------------- furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender Lenders may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s 's loan account as Lender deems Lenders deem necessary to protect Lender Lenders from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 6.9 of this Agreement, and take any action with respect to such policies as Lender deems Lenders deem prudent. Any amounts paid or deposited by Lender Lenders shall constitute Lender’s Lenders' Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender Lenders shall not constitute an agreement by Lender Lenders to make similar payments in the future or a waiver by Lender Lenders of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Copper Mountain Networks Inc)

Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender Lenders may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s loan account under the Committed Revolving Line as Lender deems Lenders deem necessary to protect Lender Lenders from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 SECTION 6.6 of this Agreement, and take any action with respect to such policies as Lender deems Lenders deem prudent. Any amounts so paid or deposited by Lender Lenders shall constitute Lender’s Lenders' Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender Lenders shall not constitute an agreement by Lender Lenders to make similar payments in the future or a waiver by Lender Lenders of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Mti Technology Corp)

Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender may do any or all of the following: (a) make payment of the same some or any part thereof; , (b) set up such reserves in Borrower’s 's loan account as Lender deems deem necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 of this Agreement, and take any action with respect to such policies as Lender deems deem prudent. Any amounts paid or deposited by Lender shall constitute Lender’s 's Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Portal Software Inc)

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Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s 's loan account as Lender deems deem necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 SECTION 6.9 of this Agreement, and take any action with respect to such policies as Lender deems deem prudent. Any amounts paid or deposited by Lender shall constitute Lender’s 's Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Nextcard Inc)

Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s loan account under the Committed Revolving Line as Lender deems necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 6.5 of this Agreement, and take any action with respect to such policies as Lender deems prudent. Any amounts so paid or deposited by Lender shall constitute Lender’s 's Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Ardent Software Inc)

Lenders’ Expenses. If after notice thereof Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender Lenders may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s loan account under the Committed Revolving Line as Lender deems Lenders deem necessary to protect Lender Lenders from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 of this Agreement, and take any action with respect to such policies as Lender deems Lenders deem prudent. Any amounts so paid or deposited by Lender Lenders shall constitute Lender’s Lenders' Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender Lenders shall not constitute an agreement by Lender Lenders to make similar payments in the future or a waiver by Lender Lenders of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Cymer Inc)

Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s 's loan account as Lender deems necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section SECTION 6.8 of this Agreement, and take any action with respect to such policies as Lender reasonably deems prudent. Any amounts paid or deposited by Lender shall constitute Lender’s 's Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar Similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (NeuroMetrix, Inc.)

Lenders’ Expenses. If Borrower fails to pay any amounts or furnish any required proof of payment due to third persons or entities entities, as required under the terms of this Agreement, then Lender may do any or all of the following: (a) make payment of the same or any part thereof; (b) set up such reserves in Borrower’s loan account as Lender deems necessary to protect Lender from the exposure created by such failure; or (c) obtain and maintain insurance policies of the type discussed in Section 6.8 of this Agreement, and take any action with respect to such policies as Lender deems prudent. Any amounts paid or deposited by Lender shall constitute Lender’s Expenses, shall be immediately due and payable, and shall bear interest at the then applicable rate hereinabove provided, and shall be secured by the Collateral. Any payments made by Lender shall not constitute an agreement by Lender to make similar payments in the future or a waiver by Lender of any Event of Default under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Hemosense Inc)

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