Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under the Code, Lender 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 other than Lender’s gross negligence or willful misconduct; (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 23 contracts
Samples: Security Agreement, Venture Loan and Security Agreement, Venture Loan and Security Agreement (Xtera Communications, Inc.)
Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under Section 9207 of the Code, Lender 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 other than Lender’s gross negligence or willful misconductcause; (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 10 contracts
Samples: Loan and Security Agreement (Codexis Inc), Patent Mortgage and Security Agreement (Hemosense Inc), Loan and Security Agreement (Riverbed Technology, Inc.)
Lender’s Liability for Collateral. So long as Lender complies Lenders comply with its their obligations, if any, under the Code, Lender Lenders 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 other than Lender’s Lenders’ gross negligence or willful misconduct; (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 6 contracts
Samples: Venture Loan and Security Agreement, Venture Loan and Security Agreement (Ambit Biosciences Corp), Venture Loan and Security Agreement (Ambit Biosciences Corp)
Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under the Code, Lender 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 other than Lender’s 's gross negligence or willful misconduct; (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 3 contracts
Samples: Loan and Security Agreement (Depomed Inc), Equipment Loan and Security Agreement (Anadys Pharmaceuticals Inc), Venture Loan and Security Agreement (Isilon Systems, Inc.)
Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under Section 9207 of the Code, Lender 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 other than Lender’s gross negligence or willful misconductcause; (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 Except as provided in the preceding sentence, all risk of loss, damage or destruction of the Collateral shall be borne by Borrower, except that which is a result of Lender’s gross negligence or willful misconduct.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Knightscope, Inc.)
Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under the Code, Lender 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 other than Lender’s gross negligence or willful misconductcause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person whomsoeverPerson. All risk of loss, damage damage, or destruction of the Collateral shall be borne by BorrowerBorrowers.
Appears in 2 contracts
Samples: Loan and Security Agreement (Proxim Corp), Loan and Security Agreement (Proxim Corp)
Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under Section 9-207 of the Code, Lender 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 other than Lender’s gross negligence or willful misconductcause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person whomsoeverPerson. 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 (Graphix Zone Inc /De/), Loan and Security Agreement (Graff Pay Per View Inc /De/)
Lender’s Liability for Collateral. So long as Lender Lenders complies with its their obligations, if any, under the Code, Lender Lenders 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 other than Lender’s Lenders’ gross negligence or willful misconduct; (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: Venture Loan and Security Agreement (Entropic Communications Inc), Venture Loan and Security Agreement (Entropic Communications Inc)
Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under Section 9207 of the Code, Lender 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 other than Lender’s gross negligence or willful misconductcause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person whomsoeverPerson. All risk of loss, damage damage, or destruction of the Collateral shall be borne by BorrowerCompany.
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Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under the Code, Lender 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 other than Lender’s 's gross negligence or willful misconduct; (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
Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under Section 9207 of the Code, Lender 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 other than Lender’s gross negligence or willful misconductcause; (ciii) any diminution in the value thereof; or (div) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person person whomsoever. All risk of loss, damage damage, or destruction of the Collateral shall be borne by BorrowerBorrowers.
Appears in 1 contract
Samples: Loan and Security Agreement (Pia Merchandising Services Inc)
Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under Section 11-9-207 of the Code, Lender 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 other than Lender’s gross negligence or willful misconductcause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person whomsoeverPerson. All risk of loss, damage damage, or destruction of the Collateral shall be borne by BorrowerBorrowers.
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Lender’s Liability for Collateral. So long as Lender complies Lenders comply with its their obligations, if any, under the Code, no Lender 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 other than such Lender’s 's gross negligence or willful misconduct; (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.
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Lender’s Liability for Collateral. So long as Lender complies with its obligationsreasonable commercial practices, if any, under and the Codeterms and conditions set forth herein, Lender 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 other than Lender’s gross negligence or willful misconductcause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
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Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under the Code, . Lender 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 other than Lender’s 's gross negligence or willful misconduct; (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, except to the extent such loss, damage or destruction is caused by Lender's gross negligence or willful misconduct.
Appears in 1 contract
Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under the Code, Lender 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 other than Lender’s gross negligence or willful misconduct; (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 BorrowerBorrowers.
Appears in 1 contract
Samples: Venture Loan and Security Agreement (Everyday Health, Inc.)
Lender’s Liability for Collateral. So long as Lender complies with its obligations, if any, under the Code, Lender 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 other than Lender’s gross negligence or willful misconduct; (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 Subject to the foregoing and applicable law, all risk of loss, damage or destruction of the Collateral shall be borne by Borrower.
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