Common use of Bank Expenses Clause in Contracts

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 61 contracts

Samples: Loan and Security Agreement (Witness Systems Inc), Loan and Security Agreement (Preview Systems Inc), Loan and Security Agreement (Isis Pharmaceuticals Inc)

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Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 36 contracts

Samples: Loan and Security Agreement Xata Corporation (Xata Corp /Mn/), Loan and Security Agreement (Advanced Analogic Technologies Inc), Loan and Security Agreement (Drugstore Com Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 36 contracts

Samples: Loan and Security Agreement (Jamdat Mobile Inc), Intellectual Property Security Agreement (Perficient Inc), Loan and Security Agreement (Scientific Learning Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.5 of the Domestic Loan Agreement, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 7 contracts

Samples: Loan and Security Agreement (Ramtron International Corp), Loan and Security Agreement (Ramtron International Corp), Loan and Security Agreement (Ramtron International Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 6 contracts

Samples: Loan and Security Agreement (Pharsight Corp), Loan and Security Agreement (Sigmatel Inc), Loan and Security Agreement (Click2learn Com Inc)

Bank Expenses. If any Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 5 contracts

Samples: Loan and Security Agreement (Manugistics Group Inc), Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Immunicon Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required ------------- proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Aml Communications Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payablepayable within 10 Business Days of written notice to Borrower, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation)

Bank Expenses. If any Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 2 contracts

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

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any reasonable amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (California Micro Devices Corp), Loan and Security Agreement (California Micro Devices Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.4, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Avenue a Inc), Loan and Security Agreement (Opus360 Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.6, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 2 contracts

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

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.565, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Alteon Websystems Inc), Loan and Security Agreement (Crossworlds Software Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payablepayable within 10 days, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Cosine Communications Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.5 of the Domestic Loan Agreement, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aerohive Networks, Inc), Loan and Security Agreement (Aerohive Networks, Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.6, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Palm Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank as provided herein are Bank Expenses and are immediately due and payable, bearing payable and shall bear interest at the then highest applicable default rate and be secured by the Collateral. No payments by Bank are shall be deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 2 contracts

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

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank reasonably deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Stereotaxis, Inc.)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.50, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Viking Systems Inc), Loan and Security Agreement (Lifecell Corp)

Bank Expenses. If any Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement by And (Kanbay International Inc), Loan and Security Agreement by And (Kanbay International Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's Bank s waiver of any Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately are due and payablepayable within 10 days of receipt of notice by Borrower, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Applied Imaging Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third personspersons as required hereunder or under any Loan Document, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Raining Data Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies that Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then then-applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.the

Appears in 1 contract

Samples: Loan and Security Agreement (Broadvision Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.4, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and and, after the Secured Loan Date, secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Motive Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.then

Appears in 1 contract

Samples: Loan and Security Agreement (Legato Systems Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. , No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Abovenet Communications Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies that Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then then-applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or constitute Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Intraware Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.4, and take any action action, under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Metro One Telecommunications Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.4 of the Domestic Loan Agreement, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Motive Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank under this Agreement are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Atherogenics Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.4, and take any action under the policies Bank deems prudent. prudent Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Akamai Technologies Inc)

Bank Expenses. If Borrower fails falls to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (DemandTec, Inc.)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudentprudent in its reasonable discretion. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Daleen Technologies Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.6, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Invision Technologies Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.. 9.5

Appears in 1 contract

Samples: Loan and Security Agreement (Cardiac Science Inc)

Bank Expenses. If Borrower fails Borrowers fail to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Allied Motion Technologies Inc)

Bank Expenses. If Borrower fails falls to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Pixelworks Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any reasonable amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (California Micro Devices Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third personspersons required hereunder, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts so paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Concurrent Computer Corp/De)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies that Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then then-applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or constitute Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Critical Path Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.58.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Preview Systems Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank reasonably deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan Agreement Supplement No (Omm Inc)

Bank Expenses. If either Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Ecollege Com)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Liquid Audio Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons either Bank may make all or part of the payment or obtain insurance policies required in Section 6.55.5, and take any action under the policies such Bank deems prudent. Any amounts paid by either Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateralrate. No payments by either Bank are deemed an agreement to make similar payments in the future or such Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Advanced Energy Industries Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank reasonably deems prudent. Any reasonable amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.No

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Lightwaves Inc)

Bank Expenses. If a Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.5 of the Domestic Loan Agreement, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Photonix Inc)

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Bank Expenses. If any Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Manugistics Group Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment thereof to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Valueclick Inc/Ca)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, as required under the terms of this Agreement or any related document Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Packeteer Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Company Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Viewlocity Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.5 of the Domestic Loan Agreement, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Socket Mobile, Inc.)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.564, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Usweb Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, 7.5 and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateralrate. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Redback Networks Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.5 of the Domestic Loan Agreement, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate Applicable Rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Cimetrix Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately Immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Displaytech Inc)

Bank Expenses. If Borrower fails falls to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Kintera Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. Collateral No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Liquid Audio Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to 1o third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, ; bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Neah Power Systems, Inc.)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, 6.5 and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the CollateralPrime Rate. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Stratex Networks Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, . Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Immunicon Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.. 9.5

Appears in 1 contract

Samples: Loan and Security Agreement (Tanisys Technology Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons relating to Section 6.5 hereof Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, 6.5 hereof and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Dpac Technologies Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any such amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Sipex Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank reasonably deems prudent. Any reasonable amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Nuance Communications)

Bank Expenses. If any Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and to the extent applicable under Section 4.2, secured by the CollateralCollateral and/or the Deposit Accounts. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Manugistics Group Inc)

Bank Expenses. If Borrower fails Borrowers fail to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Animas Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.4, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Metro One Telecommunications Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any -------------- required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Bio Imaging Technologies Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any commercially reasonable action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

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

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, SECTION 6.5 and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.then

Appears in 1 contract

Samples: Loan and Security Agreement (Stratex Networks Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudentprudent in its reasonable judgment. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan Modification Agreement (Ipass Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, as required under the terms of this Agreement or any related documents, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Packeteer Inc)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank reasonably deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payablepayable within five (5) Business Days after such payment, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Hotjobs Com LTD)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudentprudent in its reasonable judgement. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Pharsight Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's Banks waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Actuate Software Corp)

Bank Expenses. If Borrower fails to pay any amount or furnish any required proof of payment to third persons, persons Bank may make all or part of the payment or obtain insurance policies required in Section 6.56.5 of the Domestic Loan Agreement, and take any action under the policies Bank deems prudent. Any amounts paid by Bank are EXIM Bank Expenses and immediately due and payable, bearing interest at the then applicable rate Applicable Rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Socket Mobile, Inc.)

Bank Expenses. If any Borrower fails to pay any amount or furnish any required proof of payment to third persons, Bank may make all or part of the payment or obtain insurance policies required in Section 6.5, 6.5 and take any action under the policies Bank deems prudent. Any amounts paid by Bank are Bank Expenses and immediately due and payable, bearing interest at the then applicable rate and secured by the Collateral. No payments by Bank are deemed an agreement to make similar payments in the future or Bank's ’s waiver of any Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Visual Networks Inc)

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