Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 366 contracts
Samples: Loan and Security Agreement (Moneylion Inc.), Loan and Security Agreement (Airgain Inc), Loan and Security Agreement (Beamr Imaging Ltd.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s 's books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 99 contracts
Samples: Loan and Security Agreement (Nebula Caravel Acquisition Corp.), Loan and Security Agreement (Liquidia Corp), Loan and Security Agreement (Sumo Logic, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 47 contracts
Samples: Loan and Security Agreement (Aspen Aerogels Inc), Loan and Security Agreement, Loan and Security Agreement
Litigation Cooperation. From the date hereof Effective Date and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 27 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Tintri, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and BorrowerXxxxxxxx’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 15 contracts
Samples: Loan and Security Agreement (Tenaya Therapeutics, Inc.), Loan and Security Agreement (Ceribell, Inc.), Loan and Security Agreement (Ceribell, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books Books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 14 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement, Loan and Security Agreement (Aerohive Networks, Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower. All Confidential Information obtained by Bank during or as a result of such activities shall be governed by Section 12.9.
Appears in 4 contracts
Samples: Loan and Security Agreement (Ziprecruiter, Inc.), Loan and Security Agreement (Ziprecruiter, Inc.), Loan and Security Agreement (Zuora Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower each Loan Party and its respective officers, employees and agents and Borrower’s books and recordsthe Books, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrowerany Loan Party.
Appears in 4 contracts
Samples: Loan and Security Agreement (KORU Medical Systems, Inc.), Loan and Security Agreement (Broadscale Acquisition Corp.), Loan and Security Agreement (HashiCorp, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, officers and employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (TerraVia Holdings, Inc.), Loan and Security Agreement (Solazyme Inc), Loan and Security Agreement (Openwave Systems Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, officers and employees and agents and Borrower’s 's books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (TerraVia Holdings, Inc.), Loan and Security Agreement (Workiva LLC), Loan and Security Agreement (Workiva LLC)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, such Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower on reasonable prior notice and its at reasonable intervals, Borrowers and their officers, employees and agents and each Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerBorrowers.
Appears in 2 contracts
Samples: Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (TrueCar, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, each Borrower and its officers, employees and agents and such Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to such Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (MRV Communications Inc), Loan and Security Agreement (Covad Communications Group Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and BorrowerBxxxxxxx’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sunlight Financial Holdings Inc.), Loan and Security Agreement (Evolv Technologies Holdings, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and each of its Subsidiaries and its respective officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerBorrower or any such Subsidiary.
Appears in 2 contracts
Samples: Loan and Security Agreement (3PAR Inc.), Loan and Security Agreement (Radisys Corp)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to BankBank (and if no Event of Default exists, during normal business hours), Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Achieve Life Sciences, Inc.), Loan and Security Agreement (Owlet, Inc.)
Litigation Cooperation. From Commencing on the date hereof Closing Date and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its each of Borrower’s officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may reasonably deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cytosorbents Corp), Loan and Security Agreement (Cytosorbents Corp)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make reasonably available to Bank, during normal business hours, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Beyond Meat, Inc.), Loan and Security Agreement (Beyond Meat, Inc.)
Litigation Cooperation. From the date hereof Effective Date and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records's Books, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Alvarion LTD), Loan and Security Agreement (Alvarion LTD)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, upon reasonable notice and at reasonable intervals, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (NxStage Medical, Inc.), Loan and Security Agreement (NxStage Medical, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, each Borrower and its officers, employees and agents and Borrower’s Borrowers’ books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerBorrowers.
Appears in 2 contracts
Samples: Loan and Security Agreement (Comverge, Inc.), Loan and Security Agreement (Luna Innovations Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower; provided, however, that Bank shall use reasonable efforts to prevent such litigation cooperation from materially disrupting or interfering with the operation of Borrower’s business.
Appears in 2 contracts
Samples: Loan and Security Agreement (Intellon Corp), Loan and Security Agreement (Intellon Corp)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may reasonably deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Eloqua, Inc.), Loan and Security Agreement (Eloqua, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower; provided that Borrower and its Subsidiaries shall not be obligated to disclose pursuant to this Section 6.8 any information covered by attorney client privilege.
Appears in 2 contracts
Samples: Loan and Security Agreement (TRIA Beauty, Inc.), Loan and Security Agreement (TRIA Beauty, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may reasonably deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Borderfree, Inc.), Loan and Security Agreement (Borderfree, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and each of its Subsidiaries and its respective officers, employees and agents and Borrower’s 's books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerBorrower or any such Subsidiary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Radisys Corp), Loan and Security Agreement (Radisys Corp)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower Borrowers and its their officers, employees and agents and each Borrower’s 's books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to a Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Intellicheck Mobilisa, Inc.), Loan and Security Agreement (Derycz Scientific Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower; provided, however, that any information provided to Bank shall be subject to the confidentiality provisions set forth in Section 12.9.
Appears in 2 contracts
Samples: Loan and Security Agreement (Magnite, Inc.), Loan and Security Agreement (Rubicon Project, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, each Borrower and its officers, employees and agents and Borrower’s Borrowers’ books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Aviat Networks, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, upon Bank’s request, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ibotta, Inc.), Loan and Security Agreement (Ibotta, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, each Borrower and its officers, employees and agents and Borrower’s books Borrowers’ Books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerBorrowers.
Appears in 2 contracts
Samples: Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Aviat Networks, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, on reasonable prior notice and at reasonable intervals, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (TrueCar, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to BankBank upon reasonable request, without expense to Bank, Borrower each Credit Party and its officers, employees and agents and Borrowereach Credit Party’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrowerthe Credit Parties.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Tenable Holdings, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, records (subject to (i) any written agreement binding upon Borrower prohibiting Borrower from disclosing any information of third parties and (ii) attorney-client privilege of Borrower) to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (AtriCure, Inc.), Loan and Security Agreement (AtriCure, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower Borrowers’ and its Subsidiaries’ officers, employees and agents and Borrower’s Borrowers’ books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrowera Borrower or its Subsidiary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sciclone Pharmaceuticals Inc), Loan and Security Agreement (Sciclone Pharmaceuticals Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, such Borrower and its officers, employees and agents and such Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to such Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (MEDecision, Inc.), Loan and Security Agreement (BigBand Networks, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower each Credit Party and its officers, employees and agents and Borrowereach Credit Party’s books and recordsBooks, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrowerany Credit Party.
Appears in 2 contracts
Samples: Loan and Security Agreement (Rosetta Stone Inc), Loan and Security Agreement (Intersections Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, upon reasonable notice and at reasonable times, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (EnteroMedics Inc), Loan and Security Agreement (EnteroMedics Inc)
Litigation Cooperation. From the date hereof Effective Date and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Us Dataworks Inc), Loan and Security Agreement (Us Dataworks Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, such Borrower and its officers, officers and employees and agents and such Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerBorrowers.
Appears in 2 contracts
Samples: Loan and Security Agreement (Outbrain Inc.), Loan and Security Agreement (Outbrain Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s 's books and records, records (subject to (i) any written agreement binding upon Borrower prohibiting Borrower from disclosing any information of third parties and (ii) attorney-client privilege of Borrower) to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof Effective Date and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-third- party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s 's books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerBorrower or the Loan Documents.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s 's books and records, to the extent that Bank may reasonably deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, to the extent permitted by applicable law, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and BorrowerXxxxxxxx’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Castle Biosciences Inc)
Litigation Cooperation. From the date hereof Effective Date and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower Debtor and its officers, employees and agents and BorrowerDebtor’s books and recordsBooks, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerDebtor.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and recordsrecords during Borrower’s regular business hours, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof Effective Date and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Crossroads Systems Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, during normal business hours, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Singular Genomics Systems, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower Borrowers and its their officers, employees and agents and Borrower’s Borrowers’ books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerBorrowers.
Appears in 1 contract
Samples: Loan and Security Agreement (Internet Brands, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower Co-Borrowers and its their officers, employees and agents and each Co-Borrower’s 's books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to a Co-Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Augme Technologies, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower. The foregoing access shall be at reasonable times and upon reasonably notice provided no Event of Default has occurred and is continuing.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Financial Engines, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower. [****] Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to omitted portions.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, each Borrower and its officers, employees and agents and such Borrower’s 's books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to such Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (GlobalOptions Group, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s 's books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.defend
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books Books and recordsrecords upon reasonable prior notice and at reasonable places and times, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Millennial Media Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, upon reasonable request with reasonable prior written notice, without expense to Bank, Borrower Co-Borrowers and its their officers, employees and agents and each Co-Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to a Co-Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and each of its Subsidiaries and their respective officers, employees and agents and Borrower’s books Books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerBorrower or any such Subsidiary.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, Bank without expense to Bank, Borrower . Each Obligor and its officers, employees and agents and Borrowersuch Obligor’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrowersuch Obligor.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, on reasonable prior notice and at reasonable times and intervals, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records's Books, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s 's books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.. BN 22796152v7
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees employees, and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerBorrower (excluding confidential or privileged attorney-client communications).
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower Co-Borrowers and its their officers, employees and agents and Borrower’s Co-Borrowers’ books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to a Co-Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower Borrowers and its their officers, employees and agents and each Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to any Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower, provided that Borrower shall not be required to provide access materials that constitute a confidential communication).
Appears in 1 contract
Samples: Loan and Security Agreement (Trevi Therapeutics, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and recordsrecords (other than information that is subject to attorney-client privilege or other information that Borrower is not permitted by statute, regulation or court order to disclose), to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Sagent Pharmaceuticals, Inc.)
Litigation Cooperation. From Commencing on the date hereof Closing Date and continuing through the termination of this Agreement., make available to Bank, without expense to Bank, Borrower and its each of Borrower’s officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may reasonably deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, upon reasonable notice and during normal business hours, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Mindspeed Technologies, Inc)
Litigation Cooperation. From Commencing on the date hereof Closing Date and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its each of Borrower’s officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may reasonably deem them reasonably necessary to prosecute or defend any third-party third‑party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Arcturus Therapeutics Ltd.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, at reasonable times and upon reasonable notice, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Sandbridge Acquisition Corp)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to BankBank with reasonable notice, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s 's books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Photonix Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, at reasonable times and intervals, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books Books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party (for clarity, other than Borrower or its Affiliates) suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (World Energy Solutions, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan Agreement (Harmonic Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to any Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (U S Wireless Data Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, at Bank’s request, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its Borrower, Borrower’s officers, employees and agents agents, and Borrower’s books and recordsBooks, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Ikanos Communications, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and each Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to either Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof Effective Date and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-third party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Subordinated Loan and Security Agreement (Rapid7 Inc)
Litigation Cooperation. From the date hereof Effective Date and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, upon reasonable notice and at reasonable times provided no Event of Default exists, Borrower and its officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (SolarEdge Technologies Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, each Borrower and its officers, employees and agents and Borrower’s its books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to such Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower Borrowers and its their officers, employees and agents and Borrower’s books Borrowers’ Books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerBorrowers.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower Borrowers and its their officers, employees and agents and Borrower’s Borrowers’ books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to a Borrower.
Appears in 1 contract
Litigation Cooperation. From Commencing on the date hereof Effective Date and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its each of Borrower’s officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may reasonably deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Fennec Pharmaceuticals Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to BankBank upon reasonable terms, without expense to Bank, each Borrower and its officers, employees and agents and each Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to a Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Alphatec Holdings, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, Bank without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date Effective Date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.. 11 39271280
Appears in 1 contract
Samples: Loan and Security Agreement (Alpine Immune Sciences, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, each Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees employees, and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (EyePoint Pharmaceuticals, Inc.)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower Co-Borrowers and its their officers, employees and agents and Borrower’s Co-Borrowers' books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to a Co-Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower. [* * *] Confidential portions of this document have been redacted and filed separately with the Commission.
Appears in 1 contract
Samples: Loan and Security Agreement (Mindspeed Technologies, Inc)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower Debtor and its officers, employees and agents and BorrowerDebtor’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to BorrowerDebtor.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees employees, and agents and Borrower’s books and records, to the extent that Bank may reasonably deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Environmental Impact Acquisition Corp)
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and BorrowerXxxxxxxx’s books and records, to the extent that Bank may reasonably deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, each Borrower and its officers, employees and agents and each Borrower’s 's books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to such Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, use commercially reasonable efforts to make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and recordsBooks, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower.
Appears in 1 contract
Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank, without expense to Bank, Borrower and its officers, employees and agents and Borrower’s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Borrower; provided, that in no event shall Borrower be required to make available to Bank any books, records, documents, communications or other information subject to attorney-client privilege.
Appears in 1 contract
Samples: Loan and Security Agreement (Cardiovascular Systems Inc)