Common use of Litigation Cooperation Clause in Contracts

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, and Borrower's books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 28 contracts

Samples: Loan and Security Agreement (Titan Global Holdings, Inc.), Loan and Security Agreement (Athenahealth Inc), Loan and Security Agreement (Sparta Surgical Corp)

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Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, agents and Borrower's ’s books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 12 contracts

Samples: PMC Financial (Project Clean, Inc.), PMC Financial (Project Clean, Inc.), Loan and Security Agreement

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, agents and Borrower's books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 10 contracts

Samples: Loan and Security Agreement (Yunhong CTI Ltd.), Loan and Security Agreement (Modiv Inc.), Loan and Security Agreement (Talend SA)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender Multiplier with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to LenderMultiplier, make available Borrower and its officers, employees and agents, and Borrower's books and records, without charge, to the extent that Lender Multiplier may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 3 contracts

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

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender a Noteholder with respect to any Collateral Secured Property or in any manner relating to Borroweran Obligor, the Borrower shall, without expense to Lenderthat Noteholder, make available Borrower the relevant Obligor and its officers, employees and agents, agents and Borrower's the Group’s books and records, without charge, to the extent that Lender the Noteholder may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 3 contracts

Samples: Convertible Note Facility Agreement (CBD Energy LTD), Convertible Note Facility Agreement (CBD Energy LTD), Convertible Note Facility Agreement (CBD Energy LTD)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower, Borrower Guarantor or its Subsidiaries. Guarantor shall, without expense to Lender, make available Borrower Guarantor and its Subsidiaries and their officers, employees and agents, agents and Borrower's books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 2 contracts

Samples: Supplemental Agreement (Talend SA), Supplemental Agreement (Talend SA)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender Bank with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to LenderBank, use reasonable efforts to make available Borrower and its officers, employees and agents, agents and Borrower's ’s books and records, without charge, to the extent that Lender Bank may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 2 contracts

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

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, agents and Borrower's books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 2 contracts

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

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Agent or any Lender with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to LenderAgent or Lenders, make available Borrower and its officers, employees and agents, agents and Borrower's ’s books and records, without charge, to the extent that Lender Agent and Lenders may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.; provided that nothing herein shall require Borrower to provide any information that is subject to attorney-client privilege. Loan and Security Agreement

Appears in 2 contracts

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

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower and such suit or proceeding is not instituted by Lender against Borrower or any of Borrower’s Affiliates, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, agents and Borrower's ’s books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 2 contracts

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

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to BorrowerBorrower or any of its Subsidiaries, Borrower shall, without expense to Lender, make available Borrower Borrower, its Subsidiaries and its their respective officers, employees and agents, and Borrower's ’s and each Subsidiaries’ books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 2 contracts

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

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, agents and Borrower's ’s books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.. Pacific Mercantile Bank Loan and Security Agreement

Appears in 1 contract

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

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, agents and Borrower's ’s books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Versant Corp)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender Lenders with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to LenderLenders, make available Borrower and its officers, employees and agents, agents and Borrower's books and records, without charge, to the extent that Lender Lenders may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Security Agreement (Intelligent Medical Imaging Inc)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to BorrowerBorrowers, Borrower Borrowers shall, without expense to Lender, make available Borrower Borrowers and its their officers, employees employees, agents and agentsmandataries, and Borrower's Borrowers' books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Marine Growth Ventures Inc)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Agent or any Lender with respect re-spect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to LenderAgent or Lenders, make available Borrower and its officers, employees and agents, agents and Borrower's books and records, without charge, to the extent that Lender Agent and Lenders may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding; provided that nothing herein shall require Borrower to provide any information that is subject to attorney-client privilege.

Appears in 1 contract

Samples: Security Agreement (Cardlytics, Inc.)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to a Borrower, such Borrower shall, without expense to Lender, make available such Borrower and its officers, employees and agents, and such Borrower's books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Security Agreement (Franklin Electronic Publishers Inc)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect re­spect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, agents and Borrower's books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Reeds Inc)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to BorrowerBorrower in connection with this Note, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, and Borrower's Xxxxxxxx’s books and records, without charge, to the extent that Lender Xxxxxx may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Kythera Biopharmaceuticals Inc

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender Bank with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to LenderBank, make available Borrower and its officers, employees and agents, agents and Borrower's books and records, without charge, to the extent that Lender Bank may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

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

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Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to any Borrower, such Borrower shall, without expense to Lender, make available such Borrower and its officers, employees and agents, and such Borrower's books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Titan Global Holdings, Inc.)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to BorrowerBorrower or any Subsidiary, Borrower shall, without expense to Lender, make available Borrower and its any Subsidiary and any of their officers, employees and agents, agents and Borrower's ’s and any Subsidiary’s books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Business Loan Agreement (PeopleSupport, Inc.)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, agents and Borrower's books and records, without chargerecords with reasonable prior notice and during normal business hours, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.. 5.7

Appears in 1 contract

Samples: Loan and Security Agreement (CalAmp Corp.)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, agents and BorrowerBxxxxxxx's books and records, without charge, to the extent that Lender Lxxxxx may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

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

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender Bank with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to LenderBank, make available Borrower and its officers, employees and agents, agents and Borrower's ’s books and records, without charge, to the extent that Lender Bank may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

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

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees employees, agents and agentsmandataries, and Borrower's books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.. Greystone Business Credit II LLC Loan and Security Agreement

Appears in 1 contract

Samples: Loan and Security Agreement (Thomas Equipment, Inc.)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to any Borrower, each Borrower shall, without expense to Lender, make available such Borrower and its officers, employees and agents, and such Borrower's books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Willcox & Gibbs Inc /De)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender REMINGTON with respect re­spect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to LenderREMINGTON, make available Borrower and its officers, employees and agents, and Borrower's books and records, without charge, to the extent that Lender REMINGTON may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Broadcaster Inc)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to BorrowerGuarantor, Borrower Guarantor shall, without expense to Lender, make available Borrower Guarantor and its officers, employees and agents, and BorrowerGuarantor's books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Security Agreement (Northwest Teleproductions Inc)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral the Property or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, agents and Borrower's ’s books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Omnivision Technologies Inc)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, agents and Borrower's Xxxxxxxx’s books and records, without charge, to the extent that Lender may deem in good xxxxx xxxx them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Berry Corp (Bry))

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender (i) with respect to any Collateral or (ii) in any manner relating to Borrower, Borrower shall, without expense to Lender, make available Borrower and its officers, employees and agents, and Borrower's books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Golden Books Family Entertainment Inc)

Litigation Cooperation. Should any third-party suit or proceeding be instituted by or against Lender with respect to any Collateral or in any manner relating to any Loan Party and such suit or proceeding is not instituted by Lender against a Loan Party or any of Borrower’s Affiliates, Borrower each Loan Party shall, without expense to Lender, make available Borrower Loan Party and its officers, employees and agents, agents and Borrower's its books and records, without charge, to the extent that Lender may deem them reasonably necessary in order to prosecute or defend any such suit or proceeding.

Appears in 1 contract

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

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