Use; Maintenance. Borrower, at its expense, shall (i) maintain the tangible Collateral in good condition, reasonable wear and tear excepted, and will comply in all material respects with all laws, rules and regulations regarding use and operation of the tangible Collateral and (ii) repair or replace any lost or damaged Collateral except to the extent that Borrower in its good faith judgment deems it to be in its best interest not to repair or replace such lost or damaged Collateral, so long as applied to a purchase or acquisition useful to Borrower’s business.
Appears in 5 contracts
Samples: Secured Promissory Note (Fluidigm Corp), Loan and Security Agreement (Fluidigm Corp), Loan and Security Agreement (Fluidigm Corp)
Use; Maintenance. Borrower, at its expense, shall (i) maintain the tangible Collateral in good condition, reasonable wear and tear excepted, and will comply in all material respects with all laws, rules and regulations regarding use and operation of the tangible Collateral and (ii) repair or replace any lost or damaged Collateral, other than Collateral except to that is obsolete or worthless at the extent time of loss or damage or that Borrower determines in its good faith judgment deems it to be is not necessary or useful in the conduct of its best interest not to repair or replace such lost or damaged Collateral, so long as applied to a purchase or acquisition useful to Borrower’s business.
Appears in 3 contracts
Samples: Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (Anacor Pharmaceuticals Inc)
Use; Maintenance. Borrower, at its expense, shall (i) maintain the tangible Collateral in good condition, reasonable wear and tear excepted, and will comply in all material respects with all laws, rules and regulations regarding use and operation of the tangible Collateral and (ii) repair or replace any lost or damaged Collateral except to the extent that Borrower in its good faith judgment deems it to be in its best interest not to repair or replace such lost or damaged Collateral, so long as applied to a purchase or acquisition useful to Borrower’s business.. 6.5
Appears in 1 contract
Samples: Subordination Agreement