Partial Sales. The Mortgagor agrees that, in case the Mortgagee in the exercise of the Power of Sale contained herein or in the exercise of any other rights hereunder given, elects to sell in parcels, said sales may be held from time to time and that the power shall not be exhausted until all of the Collateral not previously released shall have been sold, notwithstanding that the proceeds of such sales exceed, or may exceed, the Liabilities then secured thereby.
Partial Sales. The sale by Trustee of less than the whole of the Property shall not exhaust the power of sale herein granted, and Trustee is specifically empowered to make successive sales under such power until the whole of the Property shall be sold; and if the proceeds of such sale of less than the whole of the Property shall be less than the aggregate of the Indebtedness and the expenses thereof, this Instrument and the lien, security interest and assignment hereof shall remain in full force and effect as to the unsold portion of the Property just as though no sale had been made; provided, however, that Grantor shall never have any right to require the sale of less than the whole of the Property, but Beneficiary shall have the right, at its sole election, to request Trustee to sell less than the whole of the Property. If there is a default on the payment of any installment on the Note or any portion of the Indebtedness, and Beneficiary elects not to accelerate the unpaid balance of the Note or Indebtedness, Beneficiary shall have the option to proceed with foreclosure in satisfaction of such unpaid installment or other amount either through judicial proceedings or by directing Trustee to proceed as if under a full foreclosure, conducting the sale as herein provided without declaring the entire Indebtedness due. It is agreed that such sale, if so made, shall not in any manner affect the unmatured part of the Indebtedness, but as to such unmatured part of this Instrument shall remain in full force and effect as though no sale had been made under the provisions of this Section. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Indebtedness.
Partial Sales. Notwithstanding clause 5.5, if some Livestock have not been sold (including Livestock supplied during a different Supply Period) the Association may, in its sole discretion and subject to the Regulations, pay a portion of the Sale Proceeds from Livestock sold by the Member on behalf of the Association, to the Member, if the Association is satisfied that the value of the remaining Livestock is more than adequate to pay the balance of the Member’s Obligations.
Partial Sales. Xxxxxxxx agrees that in case Lender, in the exercise of ------------- the power of sale contained herein or in the exercise of any other rights hereunder given, elects to sell in parts or parcels, said sales may be held from time to time and that the power shall not be exhausted until all of the Property not previously sold shall have been sold, notwithstanding that the proceeds of such sales exceed, or may exceed, the Secured Obligations.
Partial Sales. Grantor agrees that in case Collateral Agent, in the exercise of the power of sale contained herein or in the exercise of any other rights hereunder given, elects to sell in parts or parcels, said sales may be held from time to time and that the power shall not be exhausted until all of the Property not previously sold shall have been sold, notwithstanding that the proceeds of such sales exceed, or may exceed, the Obligations.
Partial Sales. If, during the term of this Letter Agreement, Company or any of its Subsidiaries consummates a sale or divestiture of any of Company’s or its Subsidiaries’ business that includes any portion of the Company Patent Portfolio in a transaction that is not an Acquisition (other than standalone sales of patents and/or patent applications, which shall be addressed as set forth in Section 3(c)) (“Divestiture”), then the parties shall treat such Divestiture as an event leading to Patent Monetization Net Revenues and that portion of such Divestiture purchase price that is attributable to both (i) any portion of the Company Patent Portfolio that is divested, and (ii) any license granted by Company or any of its Subsidiaries to the acquirer of such business under the portion of the Company Patent Portfolio that is retained by Company or any such Subsidiary (but only to the extent such license extends beyond the operation, including manufacture and sales of products, of the divested business), shall constitute Patent Monetization Net Revenues for purposes of Section 1(a) or Section 2(a), as applicable, provided that in no event shall the aggregate Early Repayment Option A Net Revenue Share or the General Net Revenue Share, as applicable, on account of the aggregate Patent Monetization Net Revenues attributable to all such Divestitures exceed an amount equal to the total, aggregate amount of all Term Loans drawn by Company under the Loan Agreement prior to the date of consummation of such Acquisition. If the parties are unable to agree upon the portion of any purchase price in connection with such Divestiture that is attributable to the Company Patent Portfolio and any such license, then the parties shall submit the matter to a qualified, independent, third-party appraiser
Partial Sales. (i) Directly or indirectly effect or undertake, or permit any of the other Loan Parties to effect or undertake, any Partial Sale or (ii) enter into, or permit any of the Loan Parties to enter into, any agreement or arrangement for a Partial Sale, in the case of clauses (i) and (ii) of this subsection (w), unless otherwise agreed to by the Required Lenders.
Partial Sales. Company's right of first refusal as set forth in this Article shall also apply to any sale of an undivided interest in the Plant and Substation.
Partial Sales. If all or part of GX's assets are sold, other than pursuant to a restructuring or sale that meets the criteria set forth in Section 3(g)(i) above, then GX shall pay to Executive a Performance Fee in an amount based upon the value of the Distributable Proceeds attributable to each separate sale (each a "Constituent Sale"), so that an initial payment of $1 million is made to Executive for the first $250 million of Distributable Proceeds generated from Constituent Sales, with additional payments becoming payable at the rate of $1 million for each subsequent $250 million of Distributable Proceeds generated from Constituent Sales thereafter, such additional payments to be paid pro-rata at the time a qualifying Constituent Sale is consummated, up to a maximum aggregate payment of $4 million if Distributable Proceeds are at least $1 billion, provided that Executive's employment with GX has continued through the date on which each Constituent Sale is consummated, except as otherwise provided in clause (iii) below.
Partial Sales. Mortgagor agrees that in case Collateral Agent, in the exercise of thx xxxxx xf sale contained herein or in the exercise of any other rights hereunder given, elects to sell in parts or parcels, said sales may be held from time to time and that the power shall not be exhausted until all of the Mortgaged Property not previously sold shall have been sold, notwithstanding that the proceeds of such sales exceed, or may exceed, the Secured Obligations.
