Common use of Private Sale Clause in Contracts

Private Sale. The Lender shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 conducted in a commercially reasonable manner. The Borrower hereby 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 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)

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Private Sale. The Lender shall not incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 6.4 hereof conducted in a commercially reasonable manner. The Borrower Pledgors hereby waives waive 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 that 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 2 contracts

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

Private Sale. The Lender shall not incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 8(a) hereof conducted in a commercially reasonable manner. The Borrower Pledgor hereby 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 that which might have been obtained at a public sale or was less than the aggregate amount of the Secured Pledgor’s 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: Pledge and Security Agreement (Carey Watermark Investors 2 Inc), Pledge and Security Agreement (Carey Watermark Investors Inc)

Private Sale. The Lender shall not incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 7(d) hereof conducted in a commercially reasonable manner. The Borrower Pledgor hereby 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 that 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 2 contracts

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

Private Sale. The Lender shall not incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 7(d) hereof conducted in a commercially reasonable manner. The Borrower Pledgor hereby 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 that which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the 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. The No Lender shall incur no 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 5.04 or Section 5.05 5.01 conducted in a commercially reasonable manner. The Borrower Obligor hereby waives any claims against the 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 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 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. The Lender shall not incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 SECTION 6(d) hereof conducted in a commercially reasonable manner. The Borrower Pledgor hereby 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 that 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 2 contracts

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

Private Sale. The Lender shall not incur no any liability as a ------------ result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 conducted in a commercially reasonable manner. The Borrower Each Grantor hereby 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 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 no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 3.4 hereof conducted in a commercially reasonable manner. The Borrower Pledgor hereby 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 that 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: Pledge and Security Agreement (New York REIT, Inc.)

Private Sale. The Lender shall not incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 conducted in a commercially reasonable manner. The Borrower Each Grantor hereby 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 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)

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Private Sale. The Lender shall not incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 4.05 conducted in a commercially reasonable manner. The Borrower Customer hereby 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 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. The Lender shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 4.05 hereof conducted in a commercially reasonable manner. The Borrower Pledgor hereby 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 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)

Private Sale. The Lender shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 4.05 hereof conducted in a commercially reasonable manner. The Borrower hereby 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 that 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 no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 3.6 hereof conducted in a commercially reasonable manner. The Borrower Pledgor hereby 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 that 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: Pledge and Security Agreement and Assignment of Membership Interests (GTJ REIT, Inc.)

Private Sale. The Lender shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.04 or Section 5.05 4.05 conducted in a commercially reasonable manner. The Borrower Each Obligor hereby 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the 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.)

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