Lender’s Liability for Collateral. Borrower hereby agrees that: (a) Lender shall not in any way or manner be liable or responsible for: (i) the safekeeping of the Collateral, (ii) any loss or damage thereto occurring or arising in any manner or fashion from any cause, (iii) any diminution in the value thereof, or (iv) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person, and (b) all risk of loss, damage, or destruction of the Collateral shall be borne by Borrower.
Appears in 6 contracts
Samples: Loan Agreement, Loan Agreement (Amphastar Pharmaceuticals, Inc.), Loan Agreement (Amphastar Pharmaceuticals, Inc.)
Lender’s Liability for Collateral. Borrower hereby agrees that: (a) So long as Lender complies with reasonable practices, Lender shall not in any way or manner be liable or responsible for: (ia) the safekeeping of the Collateral, ; (iib) any loss or damage thereto occurring or arising in any manner or fashion from any cause, ; (iiic) any diminution in the value thereof, ; or (ivd) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person, and (b) all person whomsoever. All risk of loss, damage, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Vuzix Corp), Assignment and Assumption Agreement (Lc Capital Master Fund LTD), Assignment and Assumption Agreement (Vuzix Corp)
Lender’s Liability for Collateral. Borrower hereby agrees that: (a) So long as Lender complies with reasonable banking practices, Lender shall not in any way or manner be liable or responsible for: (ia) the safekeeping of the Collateral, ; (iib) any loss or damage thereto occurring or arising in any manner or fashion from any cause, ; (iiic) any diminution in the value thereof, ; or (ivd) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person, and (b) all person whomsoever. All risk of loss, damage, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Qumu Corp), Business Loan and Security Agreement (Iridex Corp), Loan and Security Agreement (Focus Enhancements Inc)
Lender’s Liability for Collateral. Borrower hereby agrees that: (a) Lender shall not in any way or manner be liable or responsible for: (ia) the safekeeping of the Collateral, ; (iib) any loss or damage thereto occurring or arising in any manner or fashion from any cause, ; (iiic) any diminution in the value thereof, ; or (ivd) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person, and (b) all person whomsoever. 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 (Physicians Insurance Co of Ohio), Loan and Security Agreement (Pc Quote Inc)
Lender’s Liability for Collateral. Borrower hereby agrees that: (a) So long as Lender complies with the Code, Lender shall not in any way or manner be liable or responsible for: (ia) the safekeeping of the Collateral, ; (iib) any loss or damage thereto occurring or arising in any manner or fashion from any cause, ; (iiic) any diminution in the value thereof, ; or (ivd) any act or default of any escrow agent, carrier, warehouseman, bailee, forwarding agency, agency or other Person, and (b) all Person whomsoever. 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 (Starbase Corp), Loan and Security Agreement (Borland Software Corp)
Lender’s Liability for Collateral. Borrower hereby agrees that: (a) Lender shall not in any way or manner be liable or responsible for: (ia) the safekeeping of the Collateral, ; (iib) any loss or damage thereto occurring or arising in any manner or fashion from any cause, to the Collateral; (iiic) any diminution in the value thereof, of the Collateral; or (ivd) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person, and (b) . The Credit Parties bear all risk of loss, damage, damage or destruction of the Collateral shall be borne by BorrowerCollateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Alphatec Holdings, Inc.)
Lender’s Liability for Collateral. Borrower hereby agrees that: (a) Lender shall not in any way or manner be liable or responsible for: (ia) the safekeeping of the Collateral, ; (iib) any loss or damage thereto occurring or arising in any manner or fashion from any cause, ; (iiic) any diminution in the value thereof, ; or (ivd) any act or default of any carrier, warehouseman, bailee, forwarding agency, agency or other Person, and (b) all . All risk of loss, damage, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Lender’s Liability for Collateral. Borrower hereby agrees that: (a) Lender shall not in any way or manner be liable or responsible for: (ia) the safekeeping of the Collateral, ; (iib) any loss or damage thereto occurring or arising in any manner or fashion from any cause, ; (iiic) any diminution in the value thereof, ; or (ivd) any act or default of any carrier, Xxxx Xxxx\PA\10355088.3 Agility Capital, LLC 14 warehouseman, bailee, forwarding agency, or other Person, and (b) all person whomsoever. All risk of loss, damage, damage or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Superconductor Technologies Inc)
Lender’s Liability for Collateral. Borrower hereby agrees that: (a) 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: (ia) the safekeeping of the Collateral, ; (iib) any loss or damage thereto occurring or arising in any manner or fashion from any cause, ; (iiic) any diminution in the value thereof, ; or (ivd) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person, and (b) all . All risk of loss, damage, or destruction of the Collateral shall be borne by Borrower.
Appears in 1 contract
Samples: Credit Agreement (Vista Eyecare Inc)
Lender’s Liability for Collateral. Borrower hereby agrees that: (a) 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: (ia) the safekeeping of the Collateral, ; (iib) any loss or damage thereto occurring or arising in any manner or fashion from any cause, ; (iiic) any diminution in the value thereof, or (ivd) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person, and (b) all Person whomsoever. All risk of loss, damage, damage or destruction of the Collateral shall be borne by Borrower.
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Lender’s Liability for Collateral. Borrower hereby agrees that: (a) Lender shall not in any way or manner be liable or responsible for: (ia) the safekeeping of the Collateral, ; (iib) any loss or damage thereto occurring or arising in any manner or fashion from any cause, ; (iiic) any diminution in the value thereof, ; or (ivd) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person, and (b) all . All risk of loss, damage, or destruction of the Collateral shall be borne by Borrower.
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