Common use of Limitation of Actions Clause in Contracts

Limitation of Actions. Any claim or cause of action by Borrower against Bank, its directors, officers, employees, agents, accountants, attorneys, or any other Person affiliated with or representing Bank 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 Bank, 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 Bank, or on any other person authorized to accept service on behalf of Bank, 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 Bank in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Limitation of Actions. Any claim or cause of action by Borrower against BankLender, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankLender, 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 BankLender, or on any other person authorized to accept service on behalf of BankLender, 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 Bank Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Limitation of Actions. Any claim or cause of action by Borrower against Bank, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 Bank, 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 Bank, or on any other person authorized to accept service on behalf of Bank, 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 Bank in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Limitation of Actions. Any claim or cause of action by Borrower against BankGBC, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankGBC, 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 BankGBC, or on any other person authorized to accept service on behalf of BankGBC, 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 Bank GBC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Limitation of Actions. Any claim or cause of action by Borrower against BankGBC, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankGBC, 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 BankGBC, or on any other person authorized to accept service on behalf of BankGBC, 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 Bank GBC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Limitation of Actions. Any claim or cause of action by Borrower Debtor against BankGC, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankGC, 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 BankGC, or on any other person authorized to accept service on behalf of BankGC, 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 Bank 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,

Limitation of Actions. Any claim or cause of action by Borrower against BankAgent and/or any Lender, its their respective directors, officers, employees, agents, accountants, attorneys, or any other Person affiliated with or representing Bank Agent and/or such Lender 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 BankAgent and/or any Lender, its their respective 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 (a) the filing of a complaint within one year after from the earlier of (i) the date any of Borrower’s officer or directors had knowledge of the first act, the occurrence or omission upon which such claim or cause of action, or any part thereof, is based, or (ii) the date this Agreement is terminated, and (b) the service of a summons and complaint on an officer of BankAgent and/or Lenders, or on any other person authorized to accept service on behalf of BankAgent and/or Lenders, 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 Bank Agent and Lenders in its their sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Limitation of Actions. Any claim or cause of action by Borrower against BankGC, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankGC, 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 BankGC, or on any other person authorized to accept service on behalf of BankGC, 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 Bank 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,

Limitation of Actions. Any claim or cause of action by Borrower against BankCoast, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankCoast, 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 BankCoast, or on any other person authorized to accept service on behalf of BankCoast, 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 Bank Coast in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Limitation of Actions. Any claim or cause of action by Borrower against BankGBC, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankGBC, 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 BankGBC, or on any other person authorized to accept service on behalf of BankGBC, 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 Bank 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

Limitation of Actions. Any claim or cause of action by Borrower against BankGC, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankGC, 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 BankGC, or on any other person authorized to accept service on behalf of BankGC, 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 Bank GC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.

Limitation of Actions. Any claim or cause of action by Borrower against Bank, its directors, officers, employees, agents, accountants, attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan an 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 Bank, 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 Bank, or on any other person authorized to accept service on behalf of Bank, 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 Bank in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Limitation of Actions. Any claim or cause of action by Borrower against BankCoast, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankCoast, 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 BankCoast, or on any other person authorized to accept service on behalf of BankCoast, 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 Bank 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 -------------------------------------------------------------------------

Limitation of Actions. Any claim or cause of action by Borrower against BankAgent or Lenders, its their respective directors, officers, employees, agents, accountants, attorneys, or any other Person affiliated with or representing Bank them 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 BankAgent or a Lender, its respective 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 (a) the filing of a complaint within one year after from the earlier of (i) the date any of Borrower’s officers or directors had knowledge of the first act, the occurrence or omission upon which such claim or cause of action, or any part thereof, is based, or (ii) the date this Agreement is terminated, and (b) the service of a summons and complaint on an officer of BankAgent or a Lender, or on any other person authorized to accept service on behalf of BankAgent or a Lender, 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 Bank Lenders in its their sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Limitation of Actions. Any claim or cause of action by Borrower against BankGC, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankGC, 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 BankGC, or on any other person authorized to accept service on behalf of BankGC, 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 Bank 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,

Limitation of Actions. Any claim or cause of action by Borrower against Bank, the Bank or its directors, officers, employees, agents, accountants, attorneys, accountants or any other Person affiliated with or representing Bank attorneys that is based upon, arising from, or SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT 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, whatsoever occurred, done, omitted or suffered to be done by Bank, the Bank or 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 the Bank, or on any other person authorized to accept service on behalf of the Bank, within thirty (30) 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, tolled or extended except by the written consent of the Bank in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Limitation of Actions. Any claim or cause of action by Borrower against BankGBC, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankGBC, 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 BankGBC, or on any other person authorized to accept service on behalf of BankGBC, 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 Bank GBC 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

Limitation of Actions. Any claim or cause of action by Borrower against BankAgent or any Lender, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankAgent or such Lender, 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 BankAgent or such Lender, or on any other person authorized to accept service on behalf of BankAgent or such Lender, 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 Bank Agent or such Lender in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Document.

Limitation of Actions. Any claim or cause of action by Borrower against BankGBC, its directors, officers, employees, agents, accountants, accountants or attorneys, or any other Person affiliated with or representing Bank based upon, arising from, or relating to this Loan Agreement 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 BankGBC, 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 BankGBC, or on any other person authorized to accept service on behalf of BankGBC, 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 Bank GBC in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other Loan Documentpresent or future agreement.