Liability for Collateral. So long as Agent and the Lenders comply with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Agent and the Lenders, Agent and the Lenders shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 13 contracts
Samples: Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Regado Biosciences Inc)
Liability for Collateral. So long as Agent and the Lenders comply with reasonable banking practices regarding the safekeeping of the Collateral in the their possession or under the control of Agent and the and/or Lenders, Agent and the Lenders shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 13 contracts
Samples: Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I), Mezzanine Loan and Security Agreement (Velo3D, Inc.)
Liability for Collateral. So long as the Agent and the Lenders comply with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of the Agent and the Lenders, the Agent and the Lenders shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 4 contracts
Samples: Loan and Security Agreement (Peregrine Pharmaceuticals Inc), Loan and Security Agreement (Peregrine Pharmaceuticals Inc), Loan and Security Agreement (Cryocor Inc)
Liability for Collateral. So long as Agent and the Lenders comply complies with reasonable banking lending practices regarding the safekeeping of the Collateral in the Agent’s or Lender’s possession or under the control of their control, neither Agent and the Lenders, Agent and the Lenders nor Lender shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 3 contracts
Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Arcadia Biosciences, Inc.), Loan and Security Agreement (BioAmber Inc.)
Liability for Collateral. So long as Agent and the Lenders comply Lender complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Agent and the LendersLender, Agent and the Lenders Lender shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 3 contracts
Samples: Subordination Agreement (Pulmonx Corp), Loan and Security Agreement (Metabasis Therapeutics Inc), Loan and Security Agreement (Metabasis Therapeutics Inc)
Liability for Collateral. So long as Agent and the Lenders comply with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Agent and the Lenders, Agent and the Lenders shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears The Loan Parties bear all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (LumiraDx LTD), Loan and Security Agreement (LumiraDx LTD)
Liability for Collateral. So long as Agent and the Lenders comply complies with reasonable banking practices regarding the safekeeping of the Collateral in the their possession or under the control of Agent and the and/or Lenders, Agent and the Lenders shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Avalara Inc)
Liability for Collateral. So long as Agent and the Lenders comply with applicable Law and reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Agent and the Lenders, Agent and the Lenders shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Liability for Collateral. So long as Agent and the Lenders comply with applicable law and reasonable banking practices regarding the safekeeping of the Collateral in the their possession or under the control of Agent and the and/or Lenders, Agent and the Lenders shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Eidos Therapeutics, Inc.)
