Common use of Abandonment of Sale Clause in Contracts

Abandonment of Sale. In the event a foreclosure hereunder is commenced by Trustee in accordance with Subsection 7.1(d) hereof, at any time before the sale, Trustee may abandon the sale, and Beneficiary may then institute suit for the collection of the Indebtedness and for the foreclosure of the liens and security interests hereof and of the Loan Documents. If Beneficiary should institute a suit for the collection of the Indebtedness and for a foreclosure of the liens and security interests, Beneficiary may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of Trust.

Appears in 5 contracts

Samples: Credit Agreement (Powersecure International, Inc.), Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.), Credit Agreement (Powersecure International, Inc.)

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Abandonment of Sale. In the event If a foreclosure hereunder is commenced by Trustee in accordance with Subsection 7.1(d) hereofSection 10 of this Deed of Trust, at any time before the sale, Trustee may abandon the sale, and Beneficiary may then institute suit for the collection of the Indebtedness Liabilities and for the foreclosure of the liens and security interests hereof hereof, the Credit Agreement and of the Loan Other Documents. If Beneficiary should institute a suit for the collection of the Indebtedness Liabilities and for a foreclosure of the liens and security interests, Beneficiary may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of Trust.

Appears in 4 contracts

Samples: Security Agreement and Fixture Filing (Radnor Holdings Corp), Security Agreement and Fixture Filing (Radnor Holdings Corp), Security Agreement and Fixture Filing (Radnor Holdings Corp)

Abandonment of Sale. In the event If a foreclosure hereunder is commenced by Trustee in accordance with Subsection 7.1(d) hereofSection 10 of this Deed of Trust, at any time before the sale, Trustee may abandon the sale, and Beneficiary may then institute suit for the collection of the Indebtedness Liabilities and for the foreclosure of the liens and security interests hereof hereof, the Indenture and of the Loan Other Documents. If Beneficiary should institute a suit for the collection of the Indebtedness Liabilities and for a foreclosure of the liens and security interests, Beneficiary may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of Trust.

Appears in 4 contracts

Samples: Styrochem U S LTD, Styrochem U S LTD, Styrochem U S LTD

Abandonment of Sale. In the event a foreclosure hereunder is commenced by Trustee in accordance with Subsection 7.1(d3.2(c) hereof, Beneficiary may, at any time before the sale, direct Trustee may to abandon the sale, and Beneficiary may then institute suit for the collection of the Indebtedness Note and for the foreclosure of the liens and security interests hereof and of the Loan Documentshereof. If Beneficiary should institute a suit for the collection of the Indebtedness Note and for a foreclosure of the liens and security interestsinterests hereof, Beneficiary may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of Trust.

Appears in 2 contracts

Samples: Cabinet Grow, Inc., Security Agreement (Us Home Systems Inc)

Abandonment of Sale. In the event a foreclosure hereunder is commenced by Trustee in accordance with Subsection Section 7.1(d) hereof, at any time before the sale, sale Trustee may abandon the sale, and Beneficiary may then institute suit for the collection of the Indebtedness and for the foreclosure of the liens and security interests hereof and of the Loan Documents. If Beneficiary should institute a suit for the collection of the Indebtedness and for a foreclosure of the liens and security interests, Beneficiary may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of Trust.

Appears in 1 contract

Samples: Fiber Exchange Agreement (General Communication Inc)

Abandonment of Sale. In the event a foreclosure hereunder is commenced by Trustee in accordance with Subsection 7.1(d) hereofthis Mortgage, at any time before the sale, Trustee may abandon the sale, and Beneficiary may then institute suit for the collection of the Indebtedness Secured Obligations and for the foreclosure of the liens and security interests hereof and of the Loan Documents. If Beneficiary should institute a suit for the collection of the Indebtedness Secured Obligations and for a foreclosure of the liens and security interests, Beneficiary may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of TrustMortgage.

Appears in 1 contract

Samples: Security Agreement and Financing Statement (Wells Core Office Income Reit Inc)

Abandonment of Sale. In the event If a foreclosure hereunder is commenced by Trustee in accordance with Subsection 7.1(d) hereof, at any time before the sale, Trustee may abandon the sale, and Beneficiary Lender may then institute suit for the collection of the Indebtedness and for the foreclosure of the liens and security interests hereof and of the Loan Documents. If Beneficiary Lender should institute a suit for the collection of the Indebtedness and for a foreclosure of the liens and security interests, Beneficiary Lender may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of Trust.

Appears in 1 contract

Samples: Loan Agreement (Coolbrands International Inc)

Abandonment of Sale. In the event a foreclosure hereunder is ------------------- commenced by Trustee in accordance with Subsection 7.1(d) hereof, at any time ----------------- before the sale, Trustee may abandon the sale, and Beneficiary may then institute suit for the collection of the Indebtedness and for the foreclosure of the liens and security interests hereof and of the Loan Documents. If Beneficiary should institute a suit for the collection of the Indebtedness and for a foreclosure of the liens and security interests, Beneficiary may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of Trust.

Appears in 1 contract

Samples: Cellstar Corp

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Abandonment of Sale. In the event a foreclosure hereunder is commenced by Trustee in accordance with Subsection 7.1(dsubsection (d) hereof, at any time before the sale, Trustee may abandon the sale, and Beneficiary may then institute suit for the collection of the Indebtedness Secured Obligations and for the foreclosure of the liens and security interests hereof and of the Loan Documents. If Beneficiary should institute a suit for the collection of the Indebtedness Secured Obligations and for a foreclosure of the liens and security interestsinterests hereof, Beneficiary may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Subject Property and Collateral or any part thereof in accordance with the provisions of this Deed of Trust.

Appears in 1 contract

Samples: Intervoice Inc

Abandonment of Sale. In the event a foreclosure hereunder is commenced by Trustee in accordance with Subsection 7.1(dSection 10.02(c) hereof, Beneficiary may, at any time before the sale, direct Trustee may to abandon the sale, and Beneficiary may then institute suit for the collection of the Indebtedness Note and for the foreclosure of the liens and security interests hereof and of the Loan Documentshereof. If Beneficiary should institute a suit for the collection of the Indebtedness Note and for a foreclosure of the liens and security interestsinterests hereof, Beneficiary may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of Trust.

Appears in 1 contract

Samples: Construction Loan Agreement (Micropac Industries Inc)

Abandonment of Sale. In the event a foreclosure hereunder is commenced by Trustee in accordance with Subsection 7.1(dSUBSECTION 7.1(D) hereof, at any time before the sale, Trustee may abandon the sale, and Beneficiary Lender may then institute suit for the collection of the Indebtedness and for the foreclosure of the liens and security interests hereof and of the Loan Documents. If Beneficiary Lender should institute a suit for the collection of the Indebtedness and for a foreclosure of the liens and security interests, Beneficiary Lender may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of TrustLien Instrument.

Appears in 1 contract

Samples: Behringer Harvard Short Term Opportunity Fund I Lp

Abandonment of Sale. In the event a foreclosure hereunder is commenced by Trustee in accordance with Subsection 7.1(d) hereof, at any time before the sale, Trustee may abandon the sale, and Beneficiary may then institute suit for the collection of the Indebtedness and for the foreclosure of the liens and security interests hereof and of the Loan Documents. If Beneficiary should institute a suit for the collection of the Indebtedness and for a foreclosure of the liens and security interests, Beneficiary may, at any time before the entry of a final judgment DEED OF TRUST - Page 28 in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of Trust.

Appears in 1 contract

Samples: Term Credit Agreement (Powersecure International, Inc.)

Abandonment of Sale. In the event a foreclosure hereunder is commenced by Trustee in accordance with Subsection 7.1(d) hereof, at any time before the sale, Trustee may abandon the sale, and Beneficiary may then institute suit for the collection of the Indebtedness and for the foreclosure of the liens and security interests hereof and of the Loan Documents. If Beneficiary should institute a suit for the collection of the Indebtedness indebtedness and for a foreclosure of the The liens and security interests, Beneficiary may, at any time before the entry of a final judgment in said suit, dismiss the same and require Trustee to sell the Mortgaged Property or any part thereof in accordance with the provisions of this Deed of Trust.. 7.6

Appears in 1 contract

Samples: Purchase and Sale Agreement (Healthtech International Inc)

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