Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 conducted in a commercially reasonable manner. Each Grantor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative accepts the first offer received and does not offer the Collateral to more than one offeree.
Appears in 3 contracts
Samples: Security Agreement (Exagen Diagnostics Inc), Security Agreement (Raindance Technologies Inc), Security Agreement (Exagen Diagnostics Inc)
Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 4.07 conducted in a commercially reasonable manner. Each Grantor The Pledgor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative accepts Sellers accept the first offer received and does do not offer the Collateral to more than one (1) offeree.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Fintech Telecom, LLC), Pledge and Security Agreement (Telecom Italia S P A), Pledge and Security Agreement (Telecom Italia S P A)
Private Sale. The No Secured Parties Party shall incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 conducted in a commercially reasonable manner. Each Grantor The Pledgor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Iridium Facilities Corp), Pledge Agreement (Iridium Operating LLC)
Private Sale. The No Secured Parties Party shall incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 conducted in a commercially reasonable manner. Each Grantor Obligor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Collateral Agent 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 (Iridium Operating LLC), Senior Secured Credit Agreement (Iridium Facilities Corp)
Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 6.05 conducted in a commercially reasonable manner. Each Grantor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Agent 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 (BlueLinx Holdings Inc.), Credit and Guaranty Agreement (BlueLinx Holdings Inc.)
Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 conducted in a commercially reasonable manner. Each Grantor Securing Party hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.
Appears in 2 contracts
Samples: Security Agreement (HMS Holdings Corp), Credit Agreement (HMS Holdings Corp)
Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 5.05 conducted in a commercially reasonable manner. Each Grantor Securing Party hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.
Appears in 1 contract
Samples: Credit Agreement (HMS Holdings Corp)
Private Sale. The Secured Parties Party shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 conducted in a commercially reasonable manner. Each The Grantor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Lender accepts the first offer received and does not offer the Collateral to more than one offeree.
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Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 this Agreement conducted in a commercially reasonable manner. Each Grantor Subsidiary Guarantor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.
Appears in 1 contract
Samples: Superpriority Senior Secured Debtor in Possession Credit Agreement (Revlon Consumer Products Corp)
Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 5.05 conducted in a commercially reasonable manner. Each The Grantor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.
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Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 5.05 conducted in a commercially reasonable manner. Each Grantor Obligor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.
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Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 hereof conducted in a commercially reasonable manner. Each Grantor The Pledgor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Security Agent 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 (STT Communications LTD)
Private Sale. The None of the Secured Parties shall incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 conducted in a commercially reasonable manner. Each Grantor Obligor hereby waives any claims against the any Secured Parties or any of them Party 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 Secured Parties Representative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.
Appears in 1 contract
Samples: Security Agreement (Texas Unwired)
Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 5.5 conducted in a commercially reasonable manner. Each Grantor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.
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Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 6.05 conducted in a commercially reasonable manner. Each Grantor Pledgor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.
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Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 conducted in a commercially reasonable manner. Each Grantor Obligor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.
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Private Sale. The Secured Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 4.09 conducted in a commercially reasonable manner. Each Grantor The Guarantor hereby waives any claims against the Secured Parties or any of them 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 Secured Parties Representative accepts Sellers accept the first offer received and does do not offer the Collateral to more than one (1) offeree.
Appears in 1 contract
Samples: Pledge and Security Agreement (Telecom Italia S P A)
Private Sale. The None of the Secured Parties shall incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 4.05 5.5 conducted in a commercially reasonable manner. Each Grantor Obligor hereby waives any claims against the any Secured Parties or any of them Party 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 Secured Parties Representative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.
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