Common use of Limitation of Actions Clause in Contracts

Limitation of Actions. Any claim or cause of action by Borrower against PFG, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFG, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFG, or on any other person authorized to accept service on behalf of PFG, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 6 contracts

Samples: Security Agreement (Bioject Medical Technologies Inc), Term Loan and Security Agreement (Bioject Medical Technologies Inc), 2006 Term Loan and Security Agreement (Bioject Medical Technologies Inc)

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Limitation of Actions. Any claim or cause of action by Borrower against PFGCoast, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGCoast, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGCoast, or on any other person authorized to accept service on behalf of PFGCoast, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Coast in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 6 contracts

Samples: Loan and Security Agreement (Digital Products Inc), Loan and Security Agreement (Sync Research Inc), Loan and Security Agreement (Transcend Services Inc)

Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year two years after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower agrees that such onetwo-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The onetwo-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 5 contracts

Samples: Security Agreement (On Deck Capital Inc), Loan and Security Agreement (As Seen on TV, Inc.), Security Agreement (On Deck Capital Inc)

Limitation of Actions. Any claim or cause of action by Borrower against PFGGBC, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGGBC, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGGBC, or on any other person authorized to accept service on behalf of PFGGBC, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG GBC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (Submicron Systems Corp), Loan and Security Agreement (Future Media Productions), Loan and Security Agreement (Future Media Productions)

Limitation of Actions. Any claim or cause of action by Borrower Debtor against PFGGC, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGGC, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower Debtor by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after after* the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGGC, or on any other person authorized to accept service on behalf of PFGGC, within thirty (30) days thereafter. Borrower Debtor agrees that such one-year period is a reasonable and sufficient time for Borrower Debtor to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG GC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.present or future agreement. *DEBTOR LEARNS OF, OR IN THE EXERCISE OF REASONABLE DILIGENCE SHOULD HAVE LEARNED OF,

Appears in 2 contracts

Samples: Security Agreement (Prime Response Inc/De), Security Agreement (Prime Response Group Inc/De)

Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 2 contracts

Samples: Loan Agreement (Onepoint Communications Corp /De), Loan Agreement (Onepoint Communications Corp /De)

Limitation of Actions. Any claim or cause of action by Borrower against PFGMultiplier, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGMultiplier, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGMultiplier, or on any other person Person authorized to accept service on behalf of PFGMultiplier, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Multiplier in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 2 contracts

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

Limitation of Actions. Any claim or cause of action by Borrower Debtor against PFGGBC, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGGBC, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower Debtor by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGGBC, or on any other person authorized to accept service on behalf of PFGGBC, within thirty (30) days thereafter. Borrower Debtor agrees that such one-year period is a reasonable and sufficient time for Borrower Debtor to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG GBC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 2 contracts

Samples: Security Agreement (Quarterdeck Corp), Security Agreement (Sa Telecommunications Inc /De/)

Limitation of Actions. Any claim or cause of action by Borrower against PFGGBC, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGGBC, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGGBC, or on any other person authorized to accept service on behalf of PFGGBC, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-one- year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG GBC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Syquest Technology Inc), Syquest Technology Inc

Limitation of Actions. Any claim or cause of action by Borrower against PFGCoast, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGCoast, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGCoast, or on any other person authorized to accept service on behalf of PFG, Coast within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Coast in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Jore Corp), Loan and Security Agreement (Jore Corp)

Limitation of Actions. Any claim or cause of action by Borrower against PFG, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurredincurred, done, omitted or suffered to be done by PFG, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFG, or on any other person authorized to accept service on behalf of PFG, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 2 contracts

Samples: 2007 Term Loan and Security Agreement (Bioject Medical Technologies Inc), Loan and Security Agreement (Bioject Medical Technologies Inc)

Limitation of Actions. Any claim or cause of action by Borrower against PFGGBC, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGGBC, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGGBC, or on any other person authorized to accept service on behalf of PFGGBC, within thirty (30) days thereafter. Borrower agrees that such one-one year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG GBC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Seer Technologies Inc /De)

Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.. Xxxxxxx Xxxxxxxxxx Bank Loan Agreement

Appears in 1 contract

Samples: Loan Agreement (Rw Holdings NNN Reit, Inc.)

Limitation of Actions. Any claim or cause of action by Borrower against PFGCoast, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGCoast, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGCoast, or on any other person authorized to accept service on behalf of PFGCoast, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Coast in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Ocean Optique Distributors Inc)

Limitation of Actions. Any claim or cause of action by Borrower against PFGGBC, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGGBC, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year * after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGGBC, or on any other person authorized to accept service on behalf of PFGGBC, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG GBC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.present or future agreement. * TWO YEARS

Appears in 1 contract

Samples: Loan and Security Agreement (Firepond Inc)

Limitation of Actions. Any claim or cause of action by Borrower against PFGGBC, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGGBC, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year * after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGGBC, or on any other person authorized to accept service on behalf of PFGGBC, within thirty (30) days thereafter. Borrower agrees that such one-year ** period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year ** period provided herein shall not be waived, tolled, or extended except by the written consent of PFG GBC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.present or future agreement. *TWO YEARS **TWO-YEAR

Appears in 1 contract

Samples: Loan and Security Agreement (Qad Inc)

Limitation of Actions. Any claim or cause of action by Borrower against PFGGC, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGGC, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGGC, or on any other person authorized to accept service on behalf of PFGGC, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG GC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 1 contract

Samples: Witness Systems Inc

Limitation of Actions. Any Debtor agrees that any claim or cause of action by Borrower Debtor against PFGCoast, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGCoast, its directors, officers, employees, agents, accountants or attorneys, relating in any way to Debtor, shall be barred unless asserted by Borrower Debtor by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year six (6) months after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGCoast, or on any other person authorized to accept service on behalf of PFGCoast, within thirty (30) days thereafter. Borrower Debtor agrees that such one-year six month period of time is a reasonable and sufficient time for Borrower Debtor to investigate and act upon any such claim or cause of action. The one-year six month period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Coast in its sole and absolute discretion. This provision shall survive any termination termination, however arising, of this Loan Agreement or Agreement, and any other Loan Documentpresent or future agreement.

Appears in 1 contract

Samples: Security Agreement (Greenman Technologies Inc)

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Limitation of Actions. Any claim or cause of action by Borrower against PFGCoast, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGCoast, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGCoast, or on any other person authorized to accept service on behalf of PFGCoast, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Coast in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.present or future agreement. LOAN AND SECURITY AGREEMENT COAST BUSINESS CREDIT -------------------------------------------------------------------------

Appears in 1 contract

Samples: Loan and Security Agreement (Zycad Corp)

Limitation of Actions. Any claim or cause of action by any Borrower against PFG, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFG, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower Borrowers by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFG, or on any other person authorized to accept service on behalf of PFG, within thirty (30) days thereafter. Borrower agrees Borrowers agree that such one-year period is a reasonable and sufficient time for Borrower Borrowers to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Xenogen Corp)

Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, Document or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGoffender, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.written

Appears in 1 contract

Samples: Loan and Security Agreement (Modiv Inc.)

Limitation of Actions. Any claim or cause of action by Borrower against PFGGBC, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGGBC, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after after* the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGGBC, or on any other person authorized to accept service on behalf of PFGGBC, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG GBC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 1 contract

Samples: Synquest Inc

Limitation of Actions. Any claim or cause of action by Borrower against PFGCoast, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGCoast, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGCoast, or on any other person authorized to accept service on behalf of PFGCoast, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Coast in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Odwalla Inc)

Limitation of Actions. Any claim or cause of action by Borrower a Loan Party against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower a Loan Party by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year two years after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower Each Loan Party agrees that such onetwo-year period is a reasonable and sufficient time for Borrower such Loan Party to investigate and act upon any such claim or cause of action. The onetwo-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 1 contract

Samples: Security Agreement (On Deck Capital, Inc.)

Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.. 9.16

Appears in 1 contract

Samples: Loan and Security Agreement (CalAmp Corp.)

Limitation of Actions. Any claim or cause of action by Borrower against PFGCoast, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGCoast, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year two years after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGCoast, or on any other person authorized to accept service on behalf of PFGCoast, within thirty (30) days thereafter. Borrower agrees that such onetwo-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The onetwo-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Coast in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Software Com Inc)

Limitation of Actions. Any claim or cause of action by Borrower against PFGLender, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGLender, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year two years after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGLender, or on any other person authorized to accept service on behalf of PFGLender, within thirty (30) days thereafter. Borrower Bxxxxxxx agrees that such onetwo-year period is a reasonable and sufficient time for Borrower Bxxxxxxx to investigate and act upon any such claim or cause of action. The onetwo-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Appears in 1 contract

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

Limitation of Actions. Any claim or cause of action by Borrower against PFGMultiplier, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Document, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGMultiplier, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGMultiplier, or on any other person Person authorized to accept service on behalf of PFGMultiplier, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG Multiplier in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.. Multiplier Capital II, LP Loan and Security Agreement

Appears in 1 contract

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

Limitation of Actions. Any claim or cause of action by Borrower against PFGGC, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other Loan Documentpresent or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by PFGGC, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after after* the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of PFGGC, or on any other person authorized to accept service on behalf of PFGGC, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of PFG GC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.present or future agreement. *BORROWER LEARNS OF, OR IN THE EXERCISE OF REASONABLE DILIGENCE SHOULD HAVE LEARNED OF,

Appears in 1 contract

Samples: Loan and Security Agreement (Skillsoft Corp)

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