Common use of Application of Cash; Sale of Pledged Collateral Clause in Contracts

Application of Cash; Sale of Pledged Collateral. (a) The Pledgor expressly agrees that if any Event of Default shall occur and be continuing, the Lender, without demand of performance or other demand or notice of any kind (except the notice specified below of the time and place of any public or private sale) to or upon the Pledgor or any other Person (all of which demands and/or notices are hereby waived by the Pledgor), may forthwith (i) apply the cash, if any, then held by it as collateral as specified in Section 6.8 and (ii) if there shall be no such cash or if such cash shall be insufficient to pay Obligations in full, to collect, receive, appropriate and realize upon the Pledged Collateral, and/or sell, assign, give an option or options to purchase or otherwise dispose of an deliver the Pledged Collateral (or contract to do so) or any part thereof in one or more parcels (which need not be in round lots) at public or private sale, at any exchange, broker's board or at any office of the Lender or elsewhere in such manner as is commercially reasonable and, as the Lender may deem best, for cash or on credit or for future delivery without assumption of any credit risk. The Lender shall have the right upon any such public sale, and, if the Pledged Collateral is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, upon any such private sale or sales, to purchase the whole or an part of the Pledged Collateral so sold, and thereafter to hold the same, absolutely and free from any right or claim of any kind. To the extent permitted by applicable law, the Pledgor waives all claims, damages and demands against the Lender arising out of the foreclosure, repossession, retention or sale of the Pledged Collateral. The Trustee shall cooperate as necessary in any such actions as determined by the Lender.

Appears in 2 contracts

Samples: Stock Pledge Agreement (Hooker Furniture Corp), Credit Agreement (Hooker Funiture Corp Employee Stock Ownership Plan Trust)

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Application of Cash; Sale of Pledged Collateral. (a) The Pledgor expressly agrees that if any an Event of Default shall occur and be continuing, the LenderSecured Party, without demand of performance or other demand or notice of any kind (except the notice specified below of the time and place of any public or private sale) to or upon the Pledgor or any other Person (all of which demands and/or notices are hereby waived by the Pledgor), may forthwith (i) apply the cash, if any, then held by it as collateral Collateral as specified in Section 6.8 6.08 and (ii) if there shall be no such cash or if such cash shall be insufficient to pay the Obligations in full, to collect, receive, appropriate and realize upon the Pledged Collateral, and/or sell, assign, give an option or options to purchase or otherwise dispose of an and deliver the Pledged Collateral (or contract to do so) or any part thereof in one or more parcels (which need not be in round lots) at public or private sale, at any exchange, broker's board or at any office of the Lender Secured Party or elsewhere in such manner as is commercially reasonable and, as the Lender Secured Party may deem best, for cash or on credit or for future delivery without assumption of any credit risk. The Lender Secured Party shall have the right upon any such public sale, and, if the Pledged Collateral is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, upon any such private sale or sales, to purchase the whole or an any part of the Pledged Collateral so sold, and thereafter to hold the same, absolutely and free from any right or claim of any kind. To the extent permitted by applicable law, the Pledgor waives all claims, damages and demands against the Lender Secured Party arising out of the foreclosure, repossession, retention or sale of the Pledged Collateral. The Trustee shall cooperate as necessary in any such actions as determined by the Lender.

Appears in 1 contract

Samples: Membership Interest Pledge Agreement (Summer Energy Holdings Inc)

Application of Cash; Sale of Pledged Collateral. (a) The Pledgor expressly agrees that if any an Event of Default shall occur and be continuing, the LenderPledgee, without demand of performance or other demand or notice of any kind (except the notice specified below of the time and place of any public or private sale) to or upon the Pledgor or any other Person person (all of which demands and/or and notices are hereby waived by the Pledgor), may forthwith (i) apply the cash, if any, then held by it as collateral Pledged Collateral as specified in Section 6.8 6.7 and (ii) if there shall be no such cash or if such cash shall be insufficient to pay the Obligations in full, to collect, receive, appropriate and realize upon the Pledged Collateral, and/or and sell, assign, give an option or options to purchase or otherwise dispose of an and deliver the Pledged Collateral (or contract to do so) or any part thereof in one or more parcels (which need not be in round lots) at public or private sale, at any exchange, broker's board or at any office of the Lender Pledgee or elsewhere in such manner as is commercially reasonable and, as the Lender Pledgee may deem best, for cash or on credit or for future delivery without assumption of any credit risk. The Lender Pledgee shall have the right upon any such public sale, and, if the Pledged Collateral is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, upon any such private sale or sales, to purchase the whole or an any part of the Pledged Collateral so sold, and thereafter to hold the same, absolutely and free from any right or claim of any kind, provided that any such sale is conducted in a commercially reasonable manner. To the extent permitted by applicable law, the Pledgor waives all claims, damages and demands against the Lender Pledgee arising out of the foreclosure, repossession, retention or sale of the Pledged Collateral. The Trustee shall cooperate as necessary in any such actions as determined by the Lender.

Appears in 1 contract

Samples: Pledge and Security Agreement (Microstrategy Inc)

Application of Cash; Sale of Pledged Collateral. (a) The Pledgor Borrower expressly agrees that if any an Event of Default shall occur and be continuing, the LenderPledgee, without demand of performance or other demand or notice of any kind (except the notice specified below of the time and place of any public or private sale) to or upon the Pledgor Borrower or any other Person person (all of which demands and/or and notices are hereby waived by the PledgorBorrower), may forthwith (i) apply the cash, if any, then held by it as collateral Pledged Collateral as specified in Section 6.8 6.7 and (ii) if there shall be no such cash or if such cash shall be insufficient to pay the Obligations in full, to collect, receive, appropriate and realize upon the Pledged Collateral, and/or and sell, assign, give an option or options to purchase or otherwise dispose of an and deliver the Pledged Collateral (or contract to do so) or any part thereof in one or more parcels (which need not be in round lots) at public or private sale, at any exchange, broker's board or at any office of the Lender Pledgee or elsewhere in such manner as is commercially reasonable and, as the Lender Pledgee may deem best, for cash or on credit or for future delivery without assumption of any credit risk. The Lender Pledgee shall have the right upon any such public sale, and, if the Pledged Collateral is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, upon any such private sale or sales, to purchase the whole or an any part of the Pledged Collateral so sold, and thereafter to hold the same, absolutely and free from any right or claim of any kind, provided that any such sale is conducted in a commercially reasonable manner. To the extent permitted by applicable law, the Pledgor Borrower waives all claims, damages and demands against the Lender Pledgee arising out of the foreclosure, repossession, retention or sale of the Pledged Collateral. The Trustee shall cooperate as necessary in any such actions as determined by the Lender.

Appears in 1 contract

Samples: Pledge and Security Agreement (Microstrategy Inc)

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Application of Cash; Sale of Pledged Collateral. (a) The Pledgor expressly agrees that if any an Event of Default shall occur and be continuing, the LenderProvider, without demand of performance or other demand or notice of any kind (except the notice specified below of the time and place of any public or private sale) to or upon the Pledgor or any other Person (all of which demands and/or notices are hereby waived by the Pledgor), may forthwith (i) apply the cash, if any, then held by it as collateral Collateral as specified in Section 6.8 6.08 and (ii) if there shall be no such cash or if such cash shall be insufficient to pay the Obligations in full, to collect, receive, appropriate and realize upon the Pledged Collateral, and/or sell, assign, give an option or options to purchase or otherwise dispose of an and deliver the Pledged Collateral (or contract to do so) or any part thereof in one or more parcels (which need not be in round lots) at public or private sale, at any exchange, broker's board or at any office of the Lender Provider or elsewhere in such manner as is commercially reasonable and, as the Lender Provider may deem best, for cash or on credit or for future delivery without assumption of any credit risk. The Lender Provider shall have the right upon any such public sale, and, if the Pledged Collateral is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, upon any such private sale or sales, to purchase the whole or an any part of the Pledged Collateral so sold, and thereafter to hold the same, absolutely and free from any right or claim of any kind. To the extent permitted by applicable law, the Pledgor waives all claims, damages and demands against the Lender Provider arising out of the foreclosure, repossession, retention or sale of the Pledged Collateral. The Trustee shall cooperate as necessary in any such actions as determined by the Lender.

Appears in 1 contract

Samples: Membership Interest Pledge Agreement (Summer Energy Holdings Inc)

Application of Cash; Sale of Pledged Collateral. (a) The Pledgor expressly agrees that if any an Event of Default shall occur and be continuing, the LenderPledgee, without demand of performance or other demand or notice of any kind (except the notice specified below of the time and place of any public or private sale) to or upon the Pledgor or any other Person (all of which demands and/or notices are hereby waived by the Pledgor), may forthwith (i) apply the cash, if any, then held by it as collateral Collateral as specified in Section 6.8 and (ii) if there shall be no such cash or if such cash shall be insufficient to pay the Deferred Purchase Obligations in full, to collect, receive, appropriate and realize upon the Pledged Collateral, and/or sell, assign, give an option or options to purchase or otherwise dispose of an and deliver the Pledged Collateral (or contract to do so) or any part thereof in one or more parcels (which need not be in round lots) at public or private sale, at any exchange, broker's board or at any office of the Lender Pledgee or elsewhere in such manner as is commercially reasonable and, as the Lender Pledgee may deem best, for cash or on credit or creditor for future delivery without assumption of any credit risk. The Lender Pledgee shall have the right upon any such public sale, and, if the Pledged Collateral is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, upon any such private sale or sales, to purchase the whole or an any part of the Pledged Collateral so sold, and thereafter to hold the same, absolutely and free from any right or claim of any kind. To the extent permitted by applicable law, the Pledgor waives all claims, damages and demands against the Lender Pledgee arising out of the foreclosure, repossession, retention or sale of the Pledged Collateral. The Trustee shall cooperate as necessary in any such actions as determined by the Lender.

Appears in 1 contract

Samples: Asset Purchase Agreement (Natural Gas Services Group Inc)

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