Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 72 contracts
Samples: Loan and Security Agreement (Silvaco Group, Inc.), Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Limeade, Inc)
Right to Settle, Release. (a) The liability of Borrowers each Borrower hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 10 contracts
Samples: Loan and Security Agreement (Xilio Therapeutics, Inc.), Loan and Security Agreement (Xilio Therapeutics, Inc.), Loan and Security Agreement
Right to Settle, Release. (a) 13.5.1 The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 6 contracts
Samples: Loan and Security Agreement (LDR Holding Corp), Loan and Security Agreement (Vitalstream Holdings Inc), Loan and Security Agreement (Lyris, Inc.)
Right to Settle, Release. (a) The liability of Borrowers Borrower hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 6 contracts
Samples: Loan and Security Agreement (Streamline Health Solutions Inc.), Loan and Security Agreement (Streamline Health Solutions Inc.), Loan and Security Agreement (Streamline Health Solutions Inc.)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Lender may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 5 contracts
Samples: Loan and Security Agreement (Recruiter.com Group, Inc.), Credit Agreement (Trupanion Inc.), Business Financing Modification Agreement (IZEA, Inc.)
Right to Settle, Release. (ai) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Agility may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 4 contracts
Samples: Loan Agreement (GigOptix, Inc.), Loan Agreement (GigOptix, Inc.), Loan Agreement (North American Scientific Inc)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Agent may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 3 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Zipcar Inc), Loan and Security Agreement (Aviza Technology, Inc.)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Administrative Agent may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 3 contracts
Samples: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Trupanion Inc.)
Right to Settle, Release. (a) The liability of Borrowers Borrower hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person entity or secured by other property, or (ii) any release or unenforceability, whether partial or total, of or rights, if any, which Bank Borrower may now or hereafter have against any other Personentity, including another Borrower, or property with respect to any of the Obligations.
Appears in 3 contracts
Samples: Loan and Security Agreement (Sonic Foundry Inc), Loan and Security Agreement (Healthaxis Inc), Intellectual Property Security Agreement (Perficient Inc)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of or rights, if any, which Bank Borrower may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 3 contracts
Samples: Loan Agreement (Emulex Corp /De/), Loan and Security Agreement (Cardiac Science Inc), Loan and Security Agreement (Interpore International /Ca/)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank any Lender may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 2 contracts
Samples: Credit Agreement (Trupanion Inc.), Credit Agreement (Trupanion Inc.)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which that Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 2 contracts
Samples: Loan and Security Agreement (Advanced Energy Industries Inc), Loan and Security Agreement (Ise Labs Inc)
Right to Settle, Release. (a1) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 2 contracts
Samples: Loan Agreement (PointClickCare Corp.), Loan and Security Agreement (Kana Software Inc)
Right to Settle, Release. (a) The liability of the Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 2 contracts
Samples: Loan and Security Agreement (Journey Medical Corp), Loan and Security Agreement (Journey Medical Corp)
Right to Settle, Release. (a) The liability of Borrowers Borrower hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of or rights, if any, which Bank Borrower may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 2 contracts
Samples: Loan and Security Agreement (Intersearch Group Inc), Loan Modification Agreement (Intersearch Group Inc)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Lenders may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 2 contracts
Samples: Loan and Security Agreement (ConversionPoint Holdings, Inc.), Loan and Security Agreement (ConversionPoint Holdings, Inc.)
Right to Settle, Release. (ai) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 2 contracts
Samples: Loan and Security Agreement (Proteinsimple), Loan and Security Agreement (Viewlocity Inc)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Agent or any Lender may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Right to Settle, Release. (a) The liability of Borrowers each Borrower hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (iiIi) any release or unenforceability, . whether partial or total, of or rights, if any, which Bank Borrower may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Zynex Medical Holdings Inc)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Collateral Agent or any Lender may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (CareView Communications Inc)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person entity or secured by other property, or (ii) any release or unenforceability, whether partial or total, of or rights, if any, which Bank Borrowers may now or hereafter have against any other Personentity, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person entity or secured by other property, or (ii) any release or unenforceability, whether partial or total, of or rights, if any, which Bank Borrower may now or hereafter have against any other Personentity, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Account Purchase Agreement (HII Technologies, Inc.)
Right to Settle, Release. (a) The Each Borrower’s liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of or rights, if any, which Bank Borrower may now or hereafter have against any other Person, including another the other Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (BigBand Networks, Inc.)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Secured Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Lender may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Secured Obligations.
Appears in 1 contract
Right to Settle, Release. (a) 12.5.1 The liability of Borrowers Borrower hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Lender may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Right to Settle, Release. (a) 14.7.1 The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement and Joinder (Bazaarvoice Inc)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, property or (ii) any release or unenforceability, whether partial or total, of rights, if any, which that Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Orchard Enterprises, Inc.)
Right to Settle, Release. (a) The Each Borrower’s liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of or rights, if any, which Bank Borrower may now or hereafter have against any other Person, including another any other Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Thomas Weisel Partners Group, Inc.)
Right to Settle, Release. (a) The liability of Borrowers each Borrower hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of or rights, if any, which Bank such Borrower may now or hereafter have against any other Person, including another Borrowerthe other Borrowers, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Allied Motion Technologies Inc)
Right to Settle, Release. (a) 1. The liability of Borrowers each Borrower hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Ekso Bionics Holdings, Inc.)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which 20. Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Everyday Health, Inc.)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Concur Technologies Inc)
Right to Settle, Release. (a) The the liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Right to Settle, Release. (ai) The liability of Borrowers Borrower hereunder shall not be diminished by (iA) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (iiB) any release or unenforceability, whether partial or total, of or rights, if any, which Bank Borrower may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Right to Settle, Release. (a) The liability of Borrowers Borrower hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Agent or any Lender may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Right to Settle, Release. (a) The liability of Borrowers each Borrower hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release of or unenforceabilityunenforceability of any of the Obligations against, whether partial or total, of or rights, if any, which Bank such Borrower may now or hereafter have against against, any other Person, including another the other Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Right to Settle, Release. (a) 13.5.1 The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Lender may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Pac-West Telecomm Inc)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank a Lender may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp)
Right to Settle, Release. (a) The liability of Borrowers hereunder shall not be diminished by (i) any agreement, understanding understanding, or representation that any of the Obligations is or was to be guaranteed by another Person or secured by other property, or (ii) any release or unenforceability, whether partial or total, of rights, if any, which Bank Agent may now or hereafter have against any other Person, including another Borrower, or property with respect to any of the Obligations.
Appears in 1 contract
