Common use of Litigation Cooperation Clause in Contracts

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Default), 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 4 contracts

Samples: Loan and Security Agreement (Enernoc Inc), Loan and Security Agreement (Enernoc Inc), Loan Modification Agreement (Enernoc Inc)

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Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank Bank, during regular normal business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an as long as no Event of Default)Default has occurred and is continuing, 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 3 contracts

Samples: Loan and Security Agreement (Upstart Holdings, Inc.), Mezzanine Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Upstart Holdings, Inc.)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make reasonably available to Bank during Borrower’s regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Default)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 3 contracts

Samples: Loan and Security Agreement (Zoosk, Inc), Loan and Security Agreement (Zoosk, Inc), Loan and Security Agreement (Zoosk, Inc)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that and at such limitations shall times as would not apply after unduly disrupt the occurrence and continuance operation of an Event of Default)Borrowers’ business, 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 2 contracts

Samples: Loan and Security Agreement (GOOD TECHNOLOGY Corp), Loan and Security Agreement (GOOD TECHNOLOGY Corp)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Default)Bank, without expense to BankBank and upon at least one (1) Business Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), 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 (Myomo, Inc.), Loan and Security Agreement (908 Devices Inc.)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Default)Bank, without expense to BankBank and upon one (1) Business Day’s notice (provided no notice is required if an Event of Default has occurred and is continuing), 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 (Phreesia, Inc.), Loan and Security Agreement (Phreesia, Inc.)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours Agreement (upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of during reasonable business hours unless an Event of Default)Default has occurred and is continuing) 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 2 contracts

Samples: Loan and Security Agreement (Numerex Corp /Pa/), Loan and Security Agreement (Numerex Corp /Pa/)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank (which, if no Event of Default exists, shall be during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Defaultnotice), 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 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Brightcove Inc)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that and at such limitations shall times as Borrower reasonably determines would not apply after unduly interfere with the occurrence and continuance operation of an Event of Default)Borrower’s business, 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 (Forescout Technologies, Inc), Loan and Security Agreement (Forescout Technologies, Inc)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Default)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, prior to the occurrence and continuance of an Event of Default, such materials shall be made available to Bank during regular business hours and upon reasonable prior notice by Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (NMS Communications Corp)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an if no Event of DefaultDefault exists, during normal business hours), 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 (Imunon, Inc.)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Default)Bank, without expense to BankBank and upon at least one (1) Business Days’ notice (provided no notice is required if an Event of Default has occurred and is continuing), 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 (Candel Therapeutics, Inc.)

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Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Default)Bank, without expense to BankBank and upon at least one (1) Business Days’ notice (provided no notice is required if an Event of Default has occurred and is continuing), 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 (Homology Medicines, Inc.)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Default)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; provided, however, prior to the occurrence and continuance of an Event of Default, such materials shall be made available to Bank during regular business hours and upon reasonable prior notice to Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (NMS Communications Corp)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable (which, prior notice (provided that such limitations shall not apply after to the occurrence and continuance of an Event of Default, shall be at reasonable times and upon reasonable notice from 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

Samples: Loan and Security Agreement (HTG Molecular Diagnostics, Inc)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Default)Bank, without expense to BankBank and upon at least one (1) Business Days’ notice (provided no notice is required if an Event of Default has occurred and is continuing), 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 (excluding any attorney-client privileged communications).

Appears in 1 contract

Samples: Loan and Security Agreement (Zoom Telephonics, Inc.)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Default)Bank, without expense to BankBank and upon at least one (1) Business Days’ notice (provided no notice is required if an Event of Default has occurred and is continuing), 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 (Genocea Biosciences, Inc.)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Default)Bank, without expense to Bank, and if no Event of Default exists, during normal business hours, 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 (Eyenovia, Inc.)

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make available to Bank (which, if no Event of Default exists, shall be during regular business hours upon reasonable prior notice (provided that such limitations shall not apply after the occurrence and continuance of an Event of Defaultnotice), 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 (Brightcove Inc)

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