Private Sale of Pledged Equity. Pledgor recognizes that Pledgee may deem it impracticable to effect a public sale of all or any part of the Pledged Equity and that Pledgee may, therefore, determine to make one or more private sales of any such securities to a restricted group of purchasers who will be obligated to agree, among other things, to acquire such securities for their own account, for investment and not with a view to the distribution or resale thereof. Pledgor acknowledges that any such private sale may be at prices and on terms less favorable to the seller than the prices and other terms which might have been obtained at a public sale and, notwithstanding the foregoing, agrees that such private sales shall be deemed to have been made in a commercially reasonable manner and that Pledgee shall have no obligation to delay the sale of any such securities for the period of time necessary to permit Pledgor or Borrower to register such securities (with no obligation of Pledgor or Borrower to accomplish such registration) for public sale under the Securities Act of 1933, as amended (the "Securities Act").
Appears in 2 contracts
Samples: Pledge Agreement (Quest Resource Corp), Credit Agreement (Quest Resource Corp)
Private Sale of Pledged Equity. Pledgor recognizes that Pledgee may deem it impracticable to effect a public sale of all or any part of the Pledged Equity and that Pledgee may, therefore, determine to make one or more private sales of any such securities to a restricted group of purchasers who will be obligated to agree, among other things, to acquire such securities for their own account, for investment and not with a view to the distribution or resale thereof. Pledgor acknowledges that any such private sale may be at prices and on terms less favorable to the seller than the prices and other terms which might have been obtained at a public sale and, notwithstanding the foregoing, agrees that such private sales shall be deemed to have been made in a commercially reasonable manner and that Pledgee shall have no obligation to delay the sale of any such securities for the period of time necessary to permit Pledgor or Borrower any Subsidiary to register such securities (with no obligation of Pledgor or Borrower any Subsidiary to accomplish such registration) for public sale under the Securities Act of 1933, as amended (the "Securities Act").
Appears in 2 contracts
Samples: Pledge Agreement (Quest Resource Corp), Credit Agreement (Quest Resource Corp)