Common use of Use; Maintenance Clause in Contracts

Use; Maintenance. (a) Borrower, at its expense, shall make all necessary site preparations and cause all Collateral to be operated in material compliance with any applicable manufacturer's manuals or instructions. So long as no Event of Default has occurred and is continuing, Borrower shall have the light to quietly possess and use the Collateral as provided herein without interference by Lender (except as may be otherwise required by Lender for perfection of its security interest). (b) Borrower, at its expense, shall maintain the Collateral in good condition, reasonable wear and tear excepted, and will comply in all material respects with all laws, rules and regulations to which the use and operation of the Collateral may be or become subject. Such obligation shall extend to repair and replacement of any partial loss or damage to the Collateral, regardless of the cause, If maintenance is mandated by manufacturer, Borrower shall obtain and keep in effect, at all times during the Term maintenance service contracts with suppliers approved by Lender, such approval not to be unreasonably withheld. All parts furnished in connection with such maintenance or repair shall immediately become part of the Collateral. All such maintenance, repair and replacement services shall be promptly paid for and discharged by Borrower with the result that no Lien will attach to the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Soundbite Communications Inc)

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Use; Maintenance. (aA) Borrower, at its expense, shall make all necessary site preparations and cause all Collateral to be operated in material compliance with any applicable manufacturer's manuals or instructions. So long as no Event of Default has occurred and is continuing, Borrower shall have the light right to quietly possess and use the Collateral as provided herein without interference by Lender (except as may be otherwise required by Lender for perfection of its security interest). (bB) Borrower, at its expense, shall maintain the Collateral in good condition, reasonable wear and tear excepted, and will comply in all material respects with all laws, rules and regulations to which the use and operation of the Collateral may be or become subject. Such obligation shall extend to repair and replacement of any partial loss or damage to the Collateral, regardless of the cause, . If maintenance is mandated by manufacturer, Borrower shall obtain and keep in effect, at all times during the Term maintenance service contracts with suppliers approved by Lender, such approval not to be unreasonably withheld. All parts furnished in connection with such maintenance or repair shall immediately become part of the Collateral. All such maintenance, repair and replacement services shall be promptly paid for and discharged by Borrower with the result that no Lien will attach to the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Soundbite Communications Inc)

Use; Maintenance. (a) Borrower, at its expense, shall make all necessary site preparations and cause all any Collateral consisting of equipment to be operated in material compliance accordance with any applicable manufacturer's ’s manuals or instructions. So long as no Default or Event of Default has occurred and is continuing, Borrower shall have the light right to quietly possess and use the Collateral as provided herein without interference by Lender (except as may be otherwise required by Lender for perfection of its necessary to protect Lender’s security interestinterest in the Collateral). (b) Borrower, at its expense, shall maintain the Collateral in good condition, reasonable wear and tear excepted, and will comply in all material respects with all laws, rules and regulations to which the use and operation of the Collateral may be or become subject. Such obligation shall extend to repair and replacement of any partial loss or damage to the Collateral, regardless of the cause, . If maintenance is mandated by manufacturer, Borrower shall obtain and keep in effect, at all times during the Term maintenance service contracts with suppliers approved by Lender, such approval not to be unreasonably withheld. All parts furnished in connection with such maintenance or repair shall immediately become part of the Collateral. All such maintenance, repair and replacement services shall be promptly immediately paid for and discharged by Borrower with the result that no Lien will attach to the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Riverbed Technology, Inc.)

Use; Maintenance. (a) Borrower, at its expense, shall make all necessary site preparations and cause all the Collateral to be operated in material compliance accordance with any applicable manufacturer's ’s manuals or instructions. So long as no Default or Event of Default has occurred and is continuing, Borrower shall have the light right to quietly possess and use the Collateral as provided herein without interference by Lender (except as may be otherwise required by Lender for perfection of its necessary to protect Lender’s security interestinterest in the Collateral). (b) Borrower, at its expense, shall maintain the Collateral in good condition, reasonable wear and tear excepted, and will comply in all material respects with all laws, rules and regulations to which the use and operation of the Collateral may be or become subject. Such obligation shall extend to repair and replacement of any partial loss or damage to the Collateral, regardless of the cause, . If maintenance is mandated by manufacturer, Borrower shall obtain and keep in effect, at all times during the Term maintenance service contracts with suppliers approved by Lender, such approval not to be unreasonably withheld. All parts furnished in connection with such maintenance or repair shall immediately become part of the Collateral. , All such maintenance, repair and replacement services shall be promptly immediately paid for and discharged by Borrower with the result that no Lien will attach to the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Aruba Networks, Inc.)

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Use; Maintenance. (aA) Borrower, at its expense, shall make all necessary site preparations and cause all the Collateral to be operated materially in material compliance accordance with any applicable manufacturer's manuals or instructions. So long as no Default or Event of Default has occurred and is continuing, Borrower shall have the light right to quietly possess and use the Collateral as provided herein without interference by Lender (except as may be otherwise required by Lender for perfection of its necessary to protect Lender's security interestinterest in the Collateral). (bB) Borrower, at its expense, shall maintain the Collateral Collateral, taken as a whole, in good condition, reasonable wear and tear excepted, and will comply in all material respects with all laws, rules and regulations to which the use and operation of the Collateral may be or become subject. Such obligation shall extend to repair and replacement of any partial loss or damage to the Collateral, taken as a whole, regardless of the cause, If maintenance is mandated by manufacturer, Borrower shall obtain and keep in effect, at all times during the Term maintenance service contracts with suppliers approved by Lender, such approval not to be unreasonably withheld. All parts furnished in connection with such maintenance or repair shall immediately become part of the Collateral. All such maintenance, repair and replacement services shall be promptly immediately paid for and discharged by Borrower with the result that no Lien will attach to the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Alnylam Pharmaceuticals Inc)

Use; Maintenance. (a) Borrower, at its expense, shall make all necessary site preparations and cause all the Collateral to be operated in material compliance accordance with any applicable manufacturer's manuals or instructions. So long as no Default or Event of Default has occurred and is continuing, Borrower shall have the light right to quietly possess and use the Collateral as provided herein without interference by Lender (except as may be otherwise required by Lender for perfection of its security interest)Agent or Lenders. (b) Borrower, at its expense, shall maintain the Collateral in good condition, reasonable wear and tear excepted, and will comply in all material respects with all laws, rules and regulations to which the use and operation of the Collateral may be or become subject. Such obligation shall extend to repair and replacement of any partial loss or damage to the Collateral, regardless of the cause, . If maintenance is mandated by manufacturermanufacturer of Financed Equipment, Borrower shall obtain and keep in effect, at all times during the Term maintenance service contracts relating to such Financed Equipment with suppliers approved by LenderAgent and Requisite Lenders, such approval not to be unreasonably withheld. All parts furnished in connection with such maintenance or repair shall immediately become part of the Collateral. All such maintenance, repair and replacement services shall be promptly immediately paid for and discharged by Borrower with the result that no Lien will attach to the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Webvan Group Inc)

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