Disposal of Collateral. The Customer agrees that in the event of any sale pursuant to the Securities Client Agreement or the Margin Facility Terms, any Collateral will be sold or disposed of in the absolute discretion of the Company and upon any sale by the Company, a declaration made by an officer of the Company that the power of sale has become exercisable shall be conclusive evidence of the fact in favor of any purchaser or other person deriving title to any of the Collateral under the sale and no person dealing with the Company or its nominees shall be concerned to inquire into the circumstances of the sale.
Disposal of Collateral. Notwithstanding the other provisions of this Article 4, if the Security has become enforceable otherwise than by reason of a default in payment of any amount due on the Covered Bonds, the Bond Trustee will not be entitled to dispose of any of the Collateral unless either a sufficient amount would be realised to allow discharge in full of all amounts owing to the Holders of Covered Bonds or the Bond Trustee is of the sole opinion, which shall be binding on the Bond Trustee, reached after considering at any time and from time to time the advice of any financial adviser (or such other professional advisers reasonably selected by the Bond Trustee for the purpose of giving such advice), that the cash flow prospectively receivable by the Guarantor will not (or that there is a significant risk that it will not) be sufficient, having regard to any other relevant actual, contingent or prospective liabilities of the Guarantor, to discharge in full in due course all amounts owing to the Holders of Covered Bonds. The fees and expenses of the aforementioned financial adviser or other professional adviser selected by the Bond Trustee shall be paid by the Guarantor.
Disposal of Collateral. 6.1 The Client agrees that in the event of any sale pursuant to this Agreement or the Margin Facility Terms, any Collateral will be sold or disposed of in the absolute discretion of WLSL and upon any sale by WLSL, a declaration made by an officer of WLSL that the power of sale has become exercisable shall be conclusive evidence of the fact in favour of any purchaser or other person deriving title to any of the Collateral under the sale and no person dealing with WLSL or its nominees shall be concerned to enquire into the circumstances of the sale.
Disposal of Collateral. 3.1 Within the term of the pledge, the Pledgor may not assign, re-pledge, or otherwise dispose of the Collateral without the prior written consent of the Pledgee.
3.2 The Pledgor shall ensure that the Collateral be free from any freeze, seizure, attachment or any other litigation, or the Pledgee may immediately enforce the pledge and claim its creditor’s rights thereunder, and the Pledgor shall warrant that the Pledgee has the first priority of compensation.
3.3 If the Debtor fails to perform its obligations under the Principal Contract, or the Debtor or the Pledgor fails to comply any other provision under the Principal Contract or this Agreement or any other agreement with the Pledgee, whereby the Pledgee accelerates realizing its creditor’s right or the Principal Contact is held invalid after occurrence of the borrower-lender relationship contemplated thereunder, the Pledgee shall have sole discretion to dispose of the Collateral without prior disposal of or recovery of any other security provided by the Debtor or provided under the Principal Contract, if any (including, without limitation, any warranty, mortgage, pledge, letter of guarantee, or stand-by letter of credit), and the Pledgor may not object to such disposal by the Pledgee. The Pledgee may enforce its rights under the pledge by cashing out the certificate of deposit, and any proceeds from such enforcement shall be first applied to repay all debts owed by the Debtor to the Pledgee under the Principal Contract secured by the Pledgor, regardless of whether or not certificate of deposit becomes due and payable.
3.4 If the Pledgor fails to disclose the existence of any joint ownership, title dispute, seizure or attachment of the Collateral and cause any damage to the Pledgee, the Pledgor shall make full indemnity to the Pledge; if any of such circumstances which is adverse to the Pledgee’s realization of its rights fails to be effectively eliminated within reasonable period of time requested by the Pledgee, the Pledgee may accelerate realizing its rights under the pledge or require the Pledgor to provide new security acceptable to the Pledgee.
3.5 If the Pledgor breaches any provision in this Agreement or any representation or warranty made by the Pledgor in this Agreement becomes inaccurate or misleading, the Pledgee shall have the right to accelerate realizing its rights under the pledge and hold the Pledgor liable for any loss incurred by the Pledge arising therefrom.
3.6 The Pledgor is under ...
Disposal of Collateral. The Client agrees that in the event of any sale pursuant to the Agreement for Securities Trading Account or the terms in this Schedule, any Collateral will be sold or disposed of in the absolute discretion of EISHK and upon any sale by XXXXX, a declaration made by an officer of EISHK that the power of sale has become exercisable shall be conclusive evidence of the fact in favor of any purchaser or other person deriving title to any of the Collateral under the sale and no person dealing with EISHK or its nominees shall be concerned to inquire into the circumstances of the sale.
Disposal of Collateral. Other than Permitted Dispositions or transactions permitted by Section 6.3 (other than Section 6.3(a)(iv)), convey, sell, lease, license, assign, transfer, or otherwise dispose of any of Borrower’s or its Subsidiaries assets that constitute Collateral (including by an allocation of assets among newly divided limited liability companies pursuant to a “plan of division”).
Disposal of Collateral. 6.1 The Client hereby authorizes the Company to dispose of securities in the Account in settlement of:
(i) the Client’s obligations to maintain an agreed level of margin with the Company;
(ii) any liability of the Client to repay or discharge the Margin Facilities provided by the Company;
(iii) any liability of the Client to settle a transaction against which liability the Client has provided securities as collateral;
(iv) any liability owed by the Client to the Company for dealing in securities which remains after the Company has disposed of all other assets designated as collateral for securing the settlement of that liability; or
(v) any liability owed by or on behalf of the Client to the Company, its nominee or any third party.
6.2 The Client agrees that in the event of any sale pursuant to the Cash Client Agreement or the Margin Facility Terms, any Collateral will be sold or disposed of in the absolute discretion of the Company and upon any sale by the Company, a declaration made by an officer of the Company that the power of sale has become exercisable shall be conclusive evidence of the fact in favor of any purchaser or other person deriving title to any of the Collateral under the sale and no person dealing with the Company or its nominees shall be concerned to inquire into the circumstances of the sale.
Disposal of Collateral. Except as expressly consented to by Lender in writing, sell, lease, assign, transfer, or otherwise dispose of any of the Collateral.
Disposal of Collateral. In connection with any sale, lease, license, or other disposal (collectively a "sale") of the Collateral, the Debtor agrees that it is commercially reasonable to sell the Collateral at public or private sale as one lot or in several lots and at prices that are substantially lower than those for which the Collateral would sell in the ordinary course of retail sales. A public sale in the following fashion shall be conclusively presumed to be reasonable:
(i) The sale shall be held in the county of the Debtor's principal place of business or the county in which the Collateral, or any part of the Collateral, is located.
(ii) The sale shall be by auction, but the sale does not need to be conducted by a professional auctioneer.
(iii) The terms of sale shall require that payment be made at the time of the sale in cash or by cashier's check.
(iv) The Collateral shall be sold "as is" and without any preparation for sale.
(v) The Secured Party may bid on all or any portion of the Collateral.
Disposal of Collateral. Other than Permitted Dispositions, convey, sell, license, assign, transfer, or otherwise dispose of any of the Collateral.
