Common use of Limitation of Actions Clause in Contracts

Limitation of Actions. Any claim or cause of action by Borrower against PFG, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFG, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFG, or on any other person authorized to accept service on behalf of PFG, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 6 contracts

Samples: 2006 Term Loan and Security Agreement (Bioject Medical Technologies Inc), Security Agreement (Bioject Medical Technologies Inc), Loan and Security Agreement (Qualmark Corp)

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Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year two years after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower agrees that such onetwo-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The onetwo-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 5 contracts

Samples: Loan and Security Agreement (Yunhong CTI Ltd.), Settlement and General Release Agreement (Ronco Brands, Inc.), Loan and Security Agreement (As Seen on TV, Inc.)

Limitation of Actions. Any claim or cause of action by Borrower against PFGBank, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGBank, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGBank, or on any other person authorized to accept service on behalf of PFGBank, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Bank in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 4 contracts

Samples: Loan and Security Agreement (Fiberstars Inc /Ca/), Loan and Security Agreement (Redback Networks Inc), Loan and Security Agreement (Redback Networks Inc)

Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 2 contracts

Samples: Loan Agreement (Onepoint Communications Corp /De), Loan Agreement (Onepoint Communications Corp /De)

Limitation of Actions. Any claim or cause of action by Borrower against PFGMultiplier, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGMultiplier, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGMultiplier, or on any other person Person authorized to accept service on behalf of PFGMultiplier, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Multiplier in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 2 contracts

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

Limitation of Actions. Any claim or cause of action by Borrower against PFG, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurredincurred, done, omitted or suffered to be done by PFG, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFG, or on any other person authorized to accept service on behalf of PFG, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 2 contracts

Samples: 2007 Term Loan and Security Agreement (Bioject Medical Technologies Inc), Loan and Security Agreement (Bioject Medical Technologies Inc)

Limitation of Actions. Any claim or cause of action by any Borrower against PFG, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFG, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower Borrowers by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFG, or on any other person authorized to accept service on behalf of PFG, within thirty (30) days thereafter. Borrower agrees Borrowers agree that such one-year period is a reasonable and sufficient time for Borrower Borrowers to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Xenogen Corp)

Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.. Xxxxxxx Xxxxxxxxxx Bank Loan Agreement

Appears in 1 contract

Samples: Loan Agreement (Rw Holdings NNN Reit, Inc.)

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Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year two years after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower Bxxxxxxx agrees that such onetwo-year period is a reasonable and sufficient time for Borrower Bxxxxxxx to investigate and act upon any such claim or cause of action. The onetwo-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 1 contract

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

Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.. 9.16

Appears in 1 contract

Samples: Loan and Security Agreement (CalAmp Corp.)

Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, Document or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGoffender, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.written

Appears in 1 contract

Samples: Loan and Security Agreement (Modiv Inc.)

Limitation of Actions. Any claim or cause of action by Borrower against PFGMultiplier, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGMultiplier, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGMultiplier, or on any other person Person authorized to accept service on behalf of PFGMultiplier, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Multiplier in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.. Multiplier Capital II, LP Loan and Security Agreement

Appears in 1 contract

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

Limitation of Actions. Any claim or cause of action by Borrower a Loan Party against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower a Loan Party by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year two years after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower Each Loan Party agrees that such onetwo-year period is a reasonable and sufficient time for Borrower such Loan Party to investigate and act upon any such claim or cause of action. The onetwo-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 1 contract

Samples: Security Agreement (On Deck Capital, Inc.)

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