Common use of Matters Regarding Sale of Collateral Clause in Contracts

Matters Regarding Sale of Collateral. Upon an Event of Default, Borrower agrees that Bank may, if Bank deems it reasonable, postpone or adjourn any such sale of the Collateral from time to time by an announcement at the time and place of sale or by announcement at the time and place of such postponed or adjourned sale, without being required to give a new notice of sale. Borrower agrees that Bank has no obligation to preserve rights against prior parties to the Collateral. Further, Borrower waives and releases any cause of action and claim against Bank as a result of Bank's possession, collection or sale of the Collateral, any liability or penalty for failure of Bank to comply with any requirement imposed on Bank relating to notice of sale, holding of sale, or reporting of sale of the Collateral, and any right of redemption from such sale; provided, however, nothing in this Paragraph shall be deemed a waiver of any cause of action or claim against Bank and as a result of Bank's failure to dispose of the Collateral in a commercially reasonable manner.

Appears in 1 contract

Samples: Loan and Security Agreement (Aasche Transportation Services Inc)

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Matters Regarding Sale of Collateral. Upon an Event of Default, each Borrower agrees that Bank may, if Bank deems it reasonable, postpone or adjourn any such sale of the Collateral from time to time by an announcement at the time and place of sale or by announcement at the time and place of such postponed or adjourned sale, without being required to give a new notice of sale. Each Borrower agrees that Bank has no obligation to preserve rights against prior parties to the Collateral. Further, each Borrower waives and releases any cause of action and claim against Bank as a result of Bank's possession, collection or sale of the Collateral, any liability or penalty for failure of Bank to comply with any requirement imposed on Bank relating to notice of sale, holding of sale, or reporting of sale of the Collateral, and any right of redemption from such sale; provided, however, nothing in this Paragraph shall be deemed a waiver of any cause of action or claim against Bank and as a result of Bank's failure to dispose of the Collateral in a commercially reasonable manner.

Appears in 1 contract

Samples: Loan and Security Agreement (Paul Harris Stores Inc)

Matters Regarding Sale of Collateral. Upon an Event of Default, Borrower agrees that Bank may, if Bank deems it reasonable, postpone or adjourn any such sale of the Collateral from time to time by an announcement at the time and place of sale or by announcement at the time and place of such postponed or adjourned sale, without being required to give a new notice of sale. Borrower agrees that Bank has no obligation to preserve rights against prior parties to the Collateral. Further, Borrower waives and releases any cause of action and claim against Bank as a result of Bank's possession, collection or sale of the Collateral, any liability or penalty for failure of Bank to comply with any requirement imposed on Bank relating to notice of sale, holding of sale, or reporting of sale of the Collateral, and any right of redemption from such sale; provided, however, nothing in this Paragraph shall be deemed a waiver of any cause of action or claim against Bank and as a result of Bank's failure to dispose of the Collateral in a commercially reasonable manner.

Appears in 1 contract

Samples: Loan and Security Agreement (Heartland Technology Inc)

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Matters Regarding Sale of Collateral. Upon an Event of Default, Borrower agrees that Bank Lender may, if Bank Lender deems it reasonable, postpone or adjourn any such sale of the Collateral from time to time by an announcement at the time and place of sale or by announcement at the time and place of such postponed or adjourned sale, without being required to give a new notice of sale. Borrower agrees that Bank Lender has no obligation to preserve rights against prior parties to the Collateral. Further, Borrower waives and releases release any cause of action and claim against Bank Lender as a result of Bank's Lender’s possession, collection or sale of the Collateral, any liability or penalty for failure of Bank Lender to comply with any requirement imposed on Bank Lender relating to notice of sale, holding of sale, or reporting of sale of the Collateral, and any right of redemption from such sale; provided, however, nothing in this Paragraph shall be deemed a waiver of any cause of action or claim against Bank Lender and as a result of Bank's Lender’s failure to dispose of the Collateral in a commercially reasonable manner.

Appears in 1 contract

Samples: Loan and Security Agreement (Athena Bitcoin Global)

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