Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 56 contracts
Samples: Loan and Security Agreement (Exchange Applications Inc), Loan and Security Agreement (Divicore Inc), Loan and Security Agreement (Microlog Corp)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's ’s books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 29 contracts
Samples: Loan and Security Agreement (Applied Precision, Inc.), Security Agreement (Rackable Systems, Inc.), Loan and Security Agreement (Telecommunication Systems Inc /Fa/)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 24 contracts
Samples: Loan and Security Agreement (Click2learn Inc/De/), Loan and Security Agreement (Alibris Inc), Loan and Security Agreement (Axs One Inc)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to the Borrower, the Borrower shall, without expense to Silicon, make available the Borrower and its officers, employees and agents and the Borrower's books and records, records to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 18 contracts
Samples: Loan Agreement (Natural Gas Vehicle Systems Inc), Loan Modification Agreement (Oregon Baking Co Dba Marsee Baking), Loan and Security Agreement (Advanced Power Technology Inc)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's ’s books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 3 contracts
Samples: Security Agreement (Network Computing Devices Inc), Loan and Security Agreement (Digirad Corp), Loan and Security Agreement (Digirad Corp)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, upon reasonable notice, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's ’s books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 2 contracts
Samples: Security Agreement (Endocardial Solutions Inc), Security Agreement (Endocardial Solutions Inc)
Litigation Cooperation. Should any third-third- party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sigma Designs Inc), Security Agreement (Com21 Inc)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, at reasonable times and upon reasonable notice make available Borrower and its officers, employees and agents and Borrower's ’s books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 2 contracts
Samples: Security Agreement (Maxwell Technologies Inc), Security Agreement (Maxwell Technologies Inc)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to BorrowerDebtor, Borrower Debtor shall, without expense to Silicon, make available Borrower Debtor and its officers, employees and agents agents, and BorrowerDebtor's books and records, without charge, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 2 contracts
Samples: Security Agreement (Netplex Group Inc), Security Agreement (Quinton Cardiology Systems Inc)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available at reasonable times and for reasonable periods of time Borrower and its officers, officers and employees and agents and Borrower's ’s books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cogent Communications Group Inc), Security Agreement (Cogent Communications Group Inc)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon*, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 2 contracts
Samples: And Security Agreement (Exabyte Corp /De/), Loan and Security Agreement (Exabyte Corp /De/)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding, provided such shall be during ordinary business hours and not interfere with Borrower's business.
Appears in 1 contract
Samples: Loan and Security Agreement (Infinium Software Inc)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and, on a best efforts basis, its agents, and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Samples: Security Agreement (Chyron Corp)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to the Borrower, the Borrower shall, without expense to Silicon, make available the Borrower and its officers, employees and agents and the Borrower's books and records, records to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Samples: Loan Modification Agreement (Cascade Microtech Inc)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to BorrowerDebtor, Borrower Debtor shall, without expense to Silicon, make available Borrower Debtor and its officers, employees and agents agents, and Borrower's Debtor’s books and records, without charge, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
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Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to either Borrower, Borrower Borrowers shall, without expense to Silicon, use reasonable efforts to make available Borrower Borrowers and its their officers, employees and agents and each Borrower's ’s books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Litigation Cooperation. Should any third-third party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its EXHIBIT 10.9 - LOAN AND SECURITY AGREEMENT BETWEEN XXXX SYSTEMS, INC. AND SILICON VALLEY BANK officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's ’s books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding, provided, however, that such cooperation by Borrower shall not be construed as a waiver of its attorney-client privilege.
Appears in 1 contract
Samples: Loan and Security Agreement (Satcon Technology Corp)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.extent
Appears in 1 contract
Samples: Loan and Security Agreement (Lightspan Partnership Inc)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, shall without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect re-spect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, . Borrower shall, without expense to Silicon, make reasonably available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Litigation Cooperation. Should any third-third party suit or proceeding Proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Samples: Loan and Security Agreement (Intek Information Inc)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding, provided, however, that such cooperation by Borrower shall not be construed as a waiver of its attorney-client privilege.
Appears in 1 contract
Samples: Loan and Security Agreement (Satcon Technology Corp)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.*. *, provided that Borrower shall not be required to provide litigation cooperation that would waive any attorney-client privilege
Appears in 1 contract
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.without
Appears in 1 contract
Samples: Loan and Security Agreement (Double-Take Software, Inc.)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding. Any confidential information shall be treated as such by Silicon pursuant to Section 9.20 hereof.
Appears in 1 contract
Samples: Loan and Security Agreement (Aspen Technology Inc /De/)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, Silicon Valley Bank Loan and Security Agreement -------------------------------------------------------------------------------- make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to the Borrower, the Borrower shall, without expense to Silicon, make available the Borrower and its it officers, employees and agents and the Borrower's books and records, records to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to the Borrower, the Borrower shall, without expense to Silicon, make reasonably available the Borrower and its officers, employees and agents and the Borrower's books and records, records to the extent that Silicon may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract
Samples: Loan and Security Agreement (Kofax Image Products Inc)
Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Silicon with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Silicon, make available Borrower and its officers, employees and agents and Borrower's books and records, to the extent that Silicon may make deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.
Appears in 1 contract