Common use of Disposition of the Pledged Collateral Clause in Contracts

Disposition of the Pledged Collateral. (i) Upon the occurrence of an Event of Default, Collateral Agent may from time to time, subject to any necessary prior or subsequent FCC approval, exercise in respect of the Pledged Collateral, in addition to other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party on default under the UCC, and Collateral Agent may also in its sole discretion, without notice except as specified below, sell the Pledged Collateral or any part thereof in one or more parcels at public or private sale, at any exchange, broker's board or at any of Collateral Agent's offices or elsewhere, for cash, on credit or for future delivery, and at such price or prices and upon such other terms as Collateral Agent may deem commercially reasonable. Collateral Agent or any other Secured Party or any of their respective Affiliates may be the purchaser of any or all of the Pledged Collateral at any such sale and shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Pledged Collateral sold at such sale, to use and apply any of the Secured Obligations owed to such Person as a credit on account of the purchase price of any Pledged Collateral payable by such Person at such sale. Each purchaser at any such sale shall acquire the property sold absolutely free from any claim or right on the part of Pledgors, and Pledgors hereby waive, to the fullest extent permitted by law, all rights of redemption, stay and/or appraisal which it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. Collateral Agent shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. ______________________________________ Footnote continued from previous page. Collateral Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. Pledgors hereby waive, to the fullest extent permitted by law, any claims against Collateral Agent arising by reason of the fact that the price at which any Pledged Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale, even if Collateral Agent accepts the first offer received and does not offer such Pledged Collateral to more than one offeree.

Appears in 1 contract

Samples: Securities Pledge Agreement (American Telecasting Inc/De/)

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Disposition of the Pledged Collateral. (i) Upon the occurrence and during the continuance of an Event of Default, the Collateral Agent may from time to timemay, subject to any necessary prior or subsequent FCC approvalin accordance with the terms of, and at the times, if any, specified in the Indenture, exercise in respect of the Pledged Collateral, in addition to the other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party on default under the UCC, and Collateral Agent may also in its sole discretion, without notice except as specified belowbelow or as otherwise required by law, sell the Pledged Collateral or any part thereof in one or more parcels at public or private sale, at any exchange, broker's board or at any of the Collateral Agent's offices or elsewhere, for cash, on credit or for future delivery, and at such price or prices and upon such other terms as the Collateral Agent may deem commercially reasonable. The Collateral Agent or any other Secured Party or any of their respective Affiliates may bid for and be the purchaser of any or all of the Pledged Collateral at any such sale and shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Pledged Collateral sold at such sale, to use and apply deliver any outstanding Note or claims for interest thereon in lieu of cash, which Note or claims for interest thereon shall be applied to the Secured Obligations owed to payment of such Person as a credit on account purchase price. In the event that the amount payable in respect of the purchase price of any the Pledged Collateral payable by purchased at any such Person at sale shall be less than the amount due on such saleNote, such Note shall be returned to the Secured Party after being appropriately stamped to show partial payment. Each purchaser at any such sale shall acquire the property sold absolutely free from any claim or right on the part of Pledgorsthe applicable Pledgor, and Pledgors the applicable Pledgor hereby waivewaives, to the fullest extent permitted by law, all rights of redemption, stay and/or or appraisal which it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. The Collateral Agent shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. ______________________________________ Footnote continued from previous page. The Collateral Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. Pledgors Each Pledgor hereby waivewaives, to the fullest extent permitted by law, any claims against the Collateral Agent arising by reason of the fact that the price at which any Pledged Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale, even if the Collateral Agent accepts the first offer received and does not offer such Pledged Collateral to more than one offeree. Each Pledgor agrees that, to the extent notice of sale shall be required by law, five (5) days' notice from the Collateral Agent of the time and place of any public sale or of the time after which a private sale or other intended disposition is to take place shall be commercially reasonable notification of such matters. No notification need be given to any Pledgor if such Pledgor has signed, after the occurrence of an Event of Default, a statement renouncing or modifying any right to notification of sale or other intended disposition.

Appears in 1 contract

Samples: Security Agreement (Rti Capital Corp)

Disposition of the Pledged Collateral. (i) Upon the occurrence of an Event of Default, Collateral Agent Transferee may from time (in accordance with the terms of and at the times specified in the Indenture and/or the applicable Intercreditor Agreements) to timethe extent permitted under applicable law, subject to any necessary prior or subsequent FCC approval, exercise in respect of the Pledged Collateral, in addition to the other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party on default under the UCC, and Collateral Agent may also in its sole discretion, without notice except as specified below, sell the Pledged Collateral or any part thereof in one or more parcels at public or private sale, at any exchange, broker's board or at any of Collateral AgentTransferee's offices or elsewhere, for cash, on credit or for future delivery, and at such price or prices and upon such other terms as Collateral Agent Transferee may deem commercially reasonable. Collateral Agent or any other Secured Party or any of their respective Affiliates Transferee may bid for and be the purchaser of any or all of the Pledged Collateral at any such sale and shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Pledged Collateral sold at such sale, to use and apply deliver any outstanding Note or any other note evidencing the Additional Secured Indebtedness (each, an "Additional Note") or claims for interest thereon in lieu of cash, which Note, Additional Note or claims for interest thereon shall be applied to the Secured Obligations owed to payment of such Person as a credit on account purchase price. In the event that the amount payable in respect of the purchase price of any the Pledged Collateral payable by purchased at any such Person at sale shall be less than the amount due on such saleNote or such Additional Note, such Note or such Additional Note shall be returned to the Transferee after being appropriately stamped to show partial payment. Each purchaser at any such sale shall acquire the property sold absolutely free from any claim or right on the part of Pledgorseach Transferor, and Pledgors each Transferor hereby waivewaives, to the fullest extent permitted by law, all rights of redemption, stay and/or or appraisal which it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. Collateral Agent Transferee shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. ______________________________________ Footnote continued from previous page. Collateral Agent Transferee may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. Pledgors Each Transferor hereby waivewaives, to the fullest extent permitted by law, any claims against Collateral Agent Transferee arising by reason of the fact that the price at which any Pledged Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale, even if Collateral Agent Transferee accepts the first offer received and does not offer such Pledged Collateral to more than one offeree. Each Transferor agrees that, to the extent notice of sale shall be required by law, five (5) days' notice from Transferee of the time and place of any public sale or of the time after which a private sale or other intended disposition is to take place shall be commercially reasonable notification of such matters. No notification need be given to each Transferor if it has signed, after the occurrence of an Event of Default, a statement renouncing or modifying any right to notification of sale or other intended disposition.

Appears in 1 contract

Samples: Fiduciary Transfer of Tangible Assets Agreement (Seven Seas Steamship Co Nv)

Disposition of the Pledged Collateral. (i) Upon the occurrence of an Event of Default, Collateral Agent may from time Assignee may, (in accordance with the terms of and at the times specified in the Indenture and/or the applicable Intercreditor Agreements) to timethe extent permitted under applicable law, subject to any necessary prior or subsequent FCC approval, exercise in respect of the Pledged Collateral, in addition to the other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party on default under the UCC, and Collateral Agent may also in its sole discretion, without notice except as specified below, sell the Pledged Collateral or any part thereof in one or more parcels at public or private sale, at any exchange, broker's board or at any of Collateral AgentAssignee's offices or elsewhere, for cash, on credit or for future delivery, and at such price or prices and upon such other terms as Collateral Agent Assignee may deem commercially reasonable. Collateral Agent or any other Secured Party or any of their respective Affiliates Assignee may bid for and be the purchaser of any or all of the Pledged Collateral at any such sale and shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Pledged Collateral sold at such sale, to use and apply deliver any outstanding Note or any other note evidencing the Additional Secured Indebtedness (each, an "Additional Note") or claims for interest thereon in lieu of cash, which Note, Additional Note or claims for interest thereon shall be applied to the Secured Obligations owed to payment of such Person as a credit on account purchase price. In the event that the amount payable in respect of the purchase price of any the Pledged Collateral payable by purchased at any such Person at sale shall be less than the amount due on such saleNote or such Additional Note, such Note or such Additional Note shall be returned to the Assignee after being appropriately stamped to show partial payment. Each purchaser at any such sale shall acquire the property sold absolutely free from any claim or right on the part of Pledgorseach Assignor, and Pledgors each Assignor hereby waivewaives, to the fullest extent permitted by law, all rights of redemption, stay and/or or appraisal which it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. Collateral Agent Assignee shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. ______________________________________ Footnote continued from previous page. Collateral Agent Assignee may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. Pledgors Each Assignor hereby waivewaives, to the fullest extent permitted by law, any claims against Collateral Agent Assignee arising by reason of the fact that the price at which any Pledged Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale, even if Collateral Agent Assignee accepts the first offer received and does not offer such Pledged Collateral to more than one offeree. Each Assignor agrees that, to the extent notice of sale shall be required by law, five (5) days' notice from Assignee of the time and place of any public sale or of the time after which a private sale or other intended disposition is to take place shall be commercially reasonable notification of such matters. No notification need be given to any Assignor if it has signed, after the occurrence of an Event of Default, a statement renouncing or modifying any right to notification of sale or other intended disposition.

Appears in 1 contract

Samples: Fiduciary Assignment of Intangible Assets Agreement (Seven Seas Steamship Co Nv)

Disposition of the Pledged Collateral. (i) Upon the occurrence and during the continuance of an any Event of Default, Collateral Agent the Trustee may from time to time, subject to any necessary prior or subsequent FCC approvalin accordance with the terms of and at the times, if any, specified in the Indenture and/or the Intercreditor Agreement, exercise in respect of the Pledged Collateral, in addition to the other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party parry on default under the UCC, and Collateral Agent the Trustee may also in its sole discretion, without notice except as specified below, sell sell, assign or grant a license to use the Pledged Collateral or any part thereof in one or more parcels at public or private sale, at any exchange, broker's board or at any of Collateral Agent's the Trustees offices or elsewhere, for cash, on credit or for future delivery, and at such price or prices and upon such other terms as Collateral Agent the Trustee may deem commercially reasonable. Collateral Agent The Trustee or any other Secured Party or any of their respective Affiliates may be the purchaser purchaser, licensee, assignee or recipient of any or all of the Pledged Collateral at any such sale and shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Pledged Collateral sold sold, assigned or licensed at such sale, to use and apply any of the Secured Obligations owed to such Person as a credit on account of the purchase price of any Pledged Collateral payable by such Person at such sale. Each purchaser purchaser, assignee, licensee or recipient at any such sale shall acquire the property sold sold, assigned or licensed absolutely free from any claim or right on the part of Pledgorsany Pledgor, and Pledgors each Pledgor hereby waivewaives, to the fullest extent permitted by law, all rights of redemption, stay and/or appraisal which it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. Collateral Agent The Trustee shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. ______________________________________ Footnote continued from previous page. Collateral Agent The Trustee may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. Pledgors Each Pledgor hereby waivewaives, to the fullest extent permitted by law, any claims against Collateral Agent the Trustee arising by reason of the fact that the price at which any Pledged Collateral may have been sold sold, assigned or licensed at such a private 153 -25- sale was less than the price which might have been obtained at a public sale, even if Collateral Agent the Trustee accepts the first offer received and does not offer such Pledged Collateral to more than one offeree.

Appears in 1 contract

Samples: Security Agreement (Metal Management Inc)

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Disposition of the Pledged Collateral. (iI) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent may the Secured Party may, from time to time, subject to any necessary prior or subsequent FCC approval, exercise in respect of the Pledged Collateral, in addition to other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party on default under the UCCUniform Commercial Code at the time of an event of default, and Collateral Agent the Secured Party may also in its sole discretion, without notice except as specified below, sell the Pledged Collateral or any part thereof in one or more parcels at public or private salesale , at any exchange, broker's board or at any of Collateral Agentthe Secured Party's offices or elsewhere, for cash, on credit or for future delivery, and at such price or prices and upon such other terms as Collateral Agent the Secured Party may deem commercially reasonable. Collateral Agent or any other The Secured Party or any of their respective Affiliates may be the purchaser of any or all of the Pledged Collateral at any such sale and shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Pledged Collateral sold at such sale, to use and apply any of the Secured Obligations owed to such Person as a credit on account of the purchase price of any Pledged Collateral payable by such Person at such sale. Each purchaser at any such sale shall acquire the property sold absolutely free from any claim or right on the part of Pledgors, Debtor and Pledgors Debtor hereby waivewaives, to the fullest extent permitted by law, all rights of redemption, stay and/or or appraisal which it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. Collateral Agent The Secured Party shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. ______________________________________ Footnote continued from previous page. Collateral Agent The Secured Party may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. Pledgors Debtor hereby waivewaives, to the fullest extent permitted by law, any claims against Collateral Agent the Secured Party arising by reason of the fact that the price at which any Pledged Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale, even if Collateral Agent the Secured Party accepts the first offer received and does not offer such Pledged Collateral to more than one offeree.

Appears in 1 contract

Samples: Security Agreement (Locateplus Holdings Corp)

Disposition of the Pledged Collateral. (i) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent may from time to timeLender may, subject to any necessary prior or subsequent FCC approvalin accordance with the terms of, and at the times, if any, specified in the Loan Agreement, exercise in respect of the Pledged Collateral, in addition to the other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party on default under the UCC, and Collateral Agent may also in its sole discretion, without notice except as specified belowbelow or as otherwise required by law, sell the Pledged Collateral or any part thereof in one or more parcels at public or private sale, at any exchange, broker's board or at any of Collateral AgentLender's offices or elsewhere, for cash, on credit or for future delivery, and at such price or prices and upon such other terms as Collateral Agent Lender may deem commercially reasonable. Collateral Agent or any other Secured Party or any of their respective Affiliates Lender may bid for and be the purchaser of any or all of the Pledged Collateral at any such sale and shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Pledged Collateral sold at such sale, to use and apply deliver any outstanding Note or claims for interest thereon in lieu of cash, which Note or claims for interest thereon shall be applied to the Secured Obligations owed to payment of such Person as a credit on account purchase price. In the event that the amount payable in respect of the purchase price of any the Pledged Collateral payable by purchased at any such Person at such salesale shall be less than the amount due on the Note, the Note shall be returned to the Holder after being appropriately stamped to show partial payment. Each purchaser at any such sale shall acquire the property sold absolutely free from any claim or right on the part of PledgorsDebtor, and Pledgors Debtor hereby waivewaives, to the fullest extent permitted by law, all rights of redemption, stay and/or or appraisal which it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. Collateral Agent Lender shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. ______________________________________ Footnote continued from previous page. Collateral Agent Lender may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. Pledgors Debtor hereby waivewaives, to the fullest extent permitted by law, any claims against Collateral Agent Lender arising by reason of the fact that the price at which any Pledged Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale, even if Collateral Agent Lender accepts the first offer received and does not offer such Pledged Collateral to more than one offeree. Debtor agrees that, to the extent notice of sale shall be required by law, five (5) days' notice from Lender of the time and place of any public sale or of the time after which a private sale or other intended disposition is to take place shall be commercially reasonable notification of such matters. No notification need be given to Debtor if it has signed, after the occurrence of an Event of Default, a statement renouncing or modifying any right to notification of sale or other intended disposition.

Appears in 1 contract

Samples: Subordinate Security Agreement (Keystone Consolidated Industries Inc)

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