Private Sale. The Secured 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 5.02 conducted in a commercially reasonable manner. The Borrower hereby waives any claims against the 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 Obligations, even if the Secured Party 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.
Appears in 6 contracts
Samples: Security Agreement, Security Agreement, Security Agreement
Private Sale. The Secured Party 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 5.02 4.05 conducted in a commercially reasonable manner. The Borrower hereby waives any claims against the 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 Secured Party 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.
Appears in 5 contracts
Samples: Pledge and Security Agreement (Petersen Energia Inversora, S.A.), Pledge and Security Agreement (Petersen Energia Inversora, S.A.), Security Agreement (Petersen Energia Inversora, S.A.)
Private Sale. The Secured Party 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 5.02 6.05 conducted in a commercially reasonable manner. The Borrower Each Obligor hereby waives any claims against the 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 Secured Party 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.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)
Private Sale. The Secured 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 5.02 4.05 conducted in a commercially reasonable manner. The Borrower Grantor hereby waives any claims against the 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 Secured Party 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.
Appears in 3 contracts
Samples: Security Agreement (Jubilant Generics Inc.), Security Agreement (American Lithium Minerals, Inc.), Security Agreement (American Lithium Minerals, Inc.)
Private Sale. The Secured Party 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 this Section 5.02 11 hereof conducted in a commercially reasonable manner. The Borrower Pledgor hereby waives any claims against the 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 Obligations, even if the Secured Party 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.
Appears in 3 contracts
Samples: Pledge Agreement (Polymet Mining Corp), Security Agreement (Polymet Mining Corp), Pledge Agreement (Glencore Holding Ag)
Private Sale. The Secured Party shall not incur no any liability as a result of the a private sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 6(b) hereof conducted in a commercially reasonable mannergood faith. The Borrower Debtors hereby waives waive any claims against the Secured Party arising by the reason of the fact that the price at which the Collateral Collateral, as the case may be, 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 Obligations, even if the Secured Party 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.
Appears in 2 contracts
Samples: Security Agreement (Commerce One Inc / De/), Security Agreement (Commerce One Inc / De/)
Private Sale. (a) The Secured Party shall will incur no 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 5.02 6.01 conducted in a commercially reasonable manner. The Borrower Debtor hereby waives any claims against the 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 Secured Party 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.
Appears in 2 contracts
Samples: Security Agreement (Genesisintermedia Com Inc), Security Agreement (Genesisintermedia Com Inc)
Private Sale. (a) The Secured Party shall incur no 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 5.02 4.01 conducted in a commercially reasonable manner. The Borrower Company hereby waives any claims against the 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 Secured Party 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.
Appears in 2 contracts
Samples: Security Agreement (Nu Tech Bio Med Inc), Security Agreement (JLB of Nevada Inc)
Private Sale. The No Secured 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 5.02 5.01(e) conducted in a commercially reasonable manner. The Borrower Each Obligor hereby waives any claims against the 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 Secured Party 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.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Intelsat LTD), Pledge and Security Agreement (Loral Space & Communications LTD)
Private Sale. (a) The Secured Party shall incur no 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 5.02 4.1 conducted in a commercially reasonable manner. The Borrower Company hereby waives any claims against the 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 Secured Party 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.
Appears in 2 contracts
Samples: Security Agreement (Authentidate Holding Corp), Security Agreement (First Montauk Financial Corp)
Private Sale. The Secured Party shall incur no 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 5.02 SECTION 6.02 conducted in a commercially reasonable manner. The Borrower Obligor hereby waives any claims against the 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 Secured Party 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.
Appears in 2 contracts
Samples: Security Agreement (Santa Fe Gaming Corp), Security Agreement (Santa Fe Gaming Corp)
Private Sale. The No Secured 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 5.02 4.05 conducted in a commercially reasonable manner. The Borrower Each Obligor hereby waives any claims against the 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 Secured Party 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.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Iridium Facilities Corp), Pledge and Security Agreement (Iridium Operating LLC)
Private Sale. The Secured Party shall not incur no any liability as a result of the a private sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 6.03 conducted in a commercially reasonable manner. The Borrower Pledgor hereby waives any claims against the 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 Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was is conducted in a commercially reasonable manner.
Appears in 2 contracts
Samples: Subordinate Share Pledge Agreement (Motient Corp), Share Pledge Agreement (Motient Corp)
Private Sale. The Secured Party shall not incur no any liability as a result of the a private sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 6(b) hereof conducted in a commercially reasonable mannergood faith. The Borrower Debtor hereby waives any claims against the Secured Party arising by the reason of the fact that the price at which the Collateral Collateral, as the case may be, 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 Obligations, even if the Secured Party 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.
Appears in 1 contract
Samples: Security Agreement (Bio Plexus Inc)
Private Sale. The Secured 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 5.02 8 hereof conducted in a commercially reasonable manner. The Borrower Debtor hereby waives any claims against the 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 Obligations, even if the Secured Party Debtor 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.
Appears in 1 contract
Private Sale. The Secured 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 5.02 4.05 conducted in a commercially reasonable manner. The Borrower Grantor hereby waives any claims against the 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 Secured Party Lender 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.
Appears in 1 contract
Private Sale. The Secured 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 5.02 conducted in a commercially reasonable manner. The Borrower hereby waives any claims against the 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 Obligations, even if the Secured Party 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.
Appears in 1 contract
Samples: Security Agreement
Private Sale. The Secured 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 5.02 5.05 conducted in a commercially reasonable manner. The Borrower Grantor hereby waives any claims against the 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 Secured Party 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.
Appears in 1 contract
