Common use of Private Sale Clause in Contracts

Private Sale. Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 hereof conducted in a commercially reasonable manner. Pledgors hereby waive any claims against Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Obligations, even if Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Supertel Hospitality Inc), Pledge and Security Agreement (Humphrey Hospitality Trust Inc)

AutoNDA by SimpleDocs

Private Sale. Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 7(d) hereof conducted in a commercially reasonable manner. Pledgors Pledgor hereby waive waives any claims against Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender Xxxxxx accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Pledge and Security Agreement Loan # (Heritage Global Inc.), Pledge and Security Agreement Loan # (Heritage Global Inc.)

Private Sale. No Lender shall not incur any liability as a result of the sale sale, lease or other disposition of the Collateral, all or any part thereof, of the Collateral at any private sale pursuant to Section 6.4 hereof 5.01 conducted in a commercially reasonable manner. Pledgors The Obligor hereby waive waives any claims against any Lender arising that may arise by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender accepts the Lenders accept the first offer received and does do not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Security Agreement (Right Start Inc /Ca), Security Agreement (Right Start Inc /Ca)

Private Sale. Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 8(a) hereof conducted in a commercially reasonable manner. Pledgors Pledgor hereby waive waives any claims against Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Pledgor’s Obligations, even if Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Carey Watermark Investors Inc), Pledge and Security Agreement (Carey Watermark Investors 2 Inc)

Private Sale. Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 7(d) hereof conducted in a commercially reasonable manner. Pledgors Pledgor hereby waive waives any claims against Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Heritage Global Inc.), Pledge and Security Agreement (Heritage Global Inc.)

Private Sale. Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 SECTION 6(d) hereof conducted in a commercially reasonable manner. Pledgors Pledgor hereby waive waives any claims against Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Obligations, even if Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Guarantor Pledge and Security Agreement (Horizon Group Properties Inc), Pledge and Security Agreement (Horizon Group Properties Inc)

Private Sale. The Lender shall not incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 hereof 5.04 or Section 5.05 conducted in a commercially reasonable manner. Pledgors The Borrower hereby waive waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Security and Assignment Agreement (Chase Preferred Capital Corp), Security and Assignment Agreement (Chase Preferred Capital Corp)

Private Sale. The Lender shall not incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 4.05 hereof conducted in a commercially reasonable manner. Pledgors The Borrower hereby waive waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Security Agreement (Amerscan Partners Iii Lp)

Private Sale. The Lender shall not incur any liability as a ------------ result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 hereof 5.05 conducted in a commercially reasonable manner. Pledgors Each Grantor hereby waive waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Term Loan Agreement (Micrografx Inc)

Private Sale. The Lender shall not incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 4.05 hereof conducted in a commercially reasonable manner. Pledgors The Pledgor hereby waive waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Pledge of Shares Agreement (Global Crossing LTD)

AutoNDA by SimpleDocs

Private Sale. Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 3.4 hereof conducted in a commercially reasonable manner. Pledgors Pledgor hereby waive waives any claims against Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Obligations, even if Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Pledge and Security Agreement (New York REIT, Inc.)

Private Sale. The Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 hereof 5.05 conducted in a commercially reasonable manner. Pledgors Each Grantor hereby waive waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Term Loan Agreement (Softquad Software LTD)

Private Sale. The Lender shall not incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 hereof 4.05 conducted in a commercially reasonable manner. Pledgors Each Obligor hereby waive waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender Xxxxxx accepts the first offer received and does not offer the Collateral to more than one offeree.. 4.09

Appears in 1 contract

Samples: Supplemental Agreement (Appgate, Inc.)

Private Sale. The Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 hereof 4.05 conducted in a commercially reasonable manner. Pledgors The Customer hereby waive waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Security Agreement (Xm Satellite Radio Inc)

Private Sale. Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 6.4 3.6 hereof conducted in a commercially reasonable manner. Pledgors Pledgor hereby waive waives any claims against Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Obligations, even if Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Pledge and Security Agreement and Assignment of Membership Interests (GTJ REIT, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!