Common use of Private Sale Clause in Contracts

Private Sale. The Collateral Agent and 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 8.03 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Collateral Agent or any other Secured 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 which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 conducted in a commercially reasonable manner8.01. Each Obligor Loan Party hereby waives any claims against the Collateral Agent or any other Secured 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 which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such ; it being understood that a private sale was conducted in accordance with this Section 8.03 that satisfies the requirements set forth in Section 8.01(e) shall be deemed to have been conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 5.05 conducted in a commercially reasonable manner. Each Obligor So long as such sale is conducted in a commercially reasonable manner, each Securing Party hereby waives any claims against the Collateral Agent or any other Secured Party Parties 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 Collateral Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 4.05 conducted in a commercially reasonable manner. Each Obligor Grantor hereby waives any claims against the Collateral Agent Administrative Agent, the Secured Parties or any other Secured Party 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 which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent Administrative Agent, the Secured Parties or any of them accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 5.05 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Collateral Agent or any other Secured 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 which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 4.05 conducted in a commercially reasonable manner. Each Obligor Grantor hereby waives any claims against Administrative Agent, the Collateral Agent Secured Parties or any other Secured Party 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 which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Administrative Agent, the Collateral Agent Secured Parties or any of them accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 6.05 conducted in a commercially reasonable manner. Each Obligor So long as such sale is conducted in a commercially reasonable manner, Holdings hereby waives any claims against the Collateral Agent or any other Secured Party Parties 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 Collateral Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Collateral Agent or any other Secured Party arising solely 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 Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and the other 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 8.03 5.06 conducted in a commercially reasonable manner. Each Obligor Grantor hereby waives any claims against the Collateral Agent or any other Secured 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 which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and the other Secured Parties ------------- Parties, respectively, shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale sale, pursuant to Section 8.03 8.5, conducted in a commercially reasonable manner. Each Obligor The Company hereby waives any claims against the Collateral Agent or any other Secured 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 which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 5.05 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Collateral Agent or any other Secured 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 which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Neither the Collateral Agent and the nor any other 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 8.03 5.05 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Collateral Agent or any other Secured 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 which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Collateral Agent or any other Secured 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 which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.. 8.06

Private Sale. The Collateral Agent and the Secured Parties shall incur no liability as to the Obligors as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 8.03 4.05 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Collateral Agent or any other Secured Party Parties 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 Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and the Secured Parties shall incur no liability as a result of the sale of the CollateralSponsor Collateral made in connection with Enforcement Action taken under the Common Security Agreement, or any part thereof, at any private sale pursuant to Section 8.03 conducted in a commercially reasonable manner. Each Obligor Subject to the foregoing sentence, the Sponsor hereby waives any claims against the Collateral Agent or any other and Secured Party Parties arising by reason of the fact that the price at which the Sponsor 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 Collateral Agent accepts the first offer received and does not offer the Sponsor Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and the First Lien 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 8.03 this Agreement conducted in a commercially reasonable manner. Each Obligor Subsidiary Guarantor hereby waives any claims against the Collateral Agent or any other First Lien Secured Party Parties 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 First Lien Obligations, even if the First Lien Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and the Secured Parties Lenders shall incur ------------ no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 8.03 5.04 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Collateral Agent or any other Secured Party 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 Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 4.05 conducted in a commercially reasonable manner. Each Obligor The Borrower hereby waives any claims against the Collateral Agent or any other Secured 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 which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 5.05 conducted in a commercially reasonable manner. Each The Obligor hereby waives any claims against the Collateral Agent or any other Secured 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 which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Subject to mandatory provisions under applicable Law, neither the Collateral Agent and nor any of the other 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 8.03 conducted in a commercially reasonable manner8.4. Each Obligor Loan Party hereby waives any claims against the Collateral Agent or any other Secured 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 which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent Custodian and 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 8.03 6.02 conducted in a commercially reasonable manner. Each Obligor Grantor hereby waives any claims against the Collateral Agent Custodian or any other Secured 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 which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent Custodian accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 5.01 or 5.02 hereof conducted in a commercially reasonable manner. Each Obligor The Company hereby waives any claims against the Collateral Agent or any other Secured Party Parties 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 Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 6.05 conducted in a commercially reasonable manner. Each Obligor Securing Party hereby waives any claims against the Collateral Agent or any other Secured 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 which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and the other 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 8.03 4.05 conducted in a commercially reasonable manner. Each Obligor The Company hereby waives any claims against the Collateral Agent or any other Secured 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 which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and the other 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 8.03 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Collateral Agent or any other Secured Party arising solely 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 Collateral Agent accepts the first offer received and does not offer DOCVARIABLE #DNDocID \* MERGEFORMAT 765680951 the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and the other Secured Parties Parties, respectively, shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale sale, pursuant to Section 8.03 8.5, conducted in a commercially reasonable manner. Each Obligor The Company hereby waives any claims against the Collateral Agent or any other Secured 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 which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and the Secured Parties Creditors shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 8.03 5.05 hereof conducted in a commercially reasonable manner. Each Obligor The Company hereby waives any claims against the Collateral Agent or any other Secured Party Creditor 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 Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 6.05 conducted in a commercially reasonable manner. Each Obligor So long as such sale is conducted in a commercially reasonable manner, Holdings hereby waives any claims against the Collateral Agent or any other Secured Party Parties 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 Collateral Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.. Holdings Guaranty and Pledge Agreement

Private Sale. The Collateral Agent and the Secured Parties Lenders shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 8.03 5.05 hereof conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Collateral Agent or any other Secured Party 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 Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and the No Secured Parties Party shall incur no liability as a result of the sale of the Pledged Collateral, or any part thereof, at any private sale pursuant to Section 8.03 5.05 hereof conducted in a commercially reasonable manner. Each Obligor Debtor hereby waives any claims against the Collateral Agent or any other Secured Party arising by reason of the fact that the price at which the Pledged Collateral may have been sold at any such a private sale held in a commercially reasonable manner 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 Collateral Administrative Agent accepts the first offer received and does not offer the Pledged Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Private Sale. The Collateral Agent and 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 8.03 7.03 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Collateral Agent or any other Secured 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 which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.