Common use of Private Sale Clause in Contracts

Private Sale. The Administrative Agent and the other Secured Parties shall incur no liability as a result of the sale, lease or other disposition of all or any part of the Collateral, at any private sale pursuant to Section 6.01 conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, Debtor hereby waives any claims against the Administrative 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Administrative Agent and the other Secured Parties shall incur no liability as a result of the sale, lease or other disposition of all or any part of the Collateral, at any private sale pursuant to Section 6.01 conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, each Debtor hereby waives any claims against the Administrative 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Administrative Agent and the other Secured Parties Lenders shall incur no liability as a result of the salesale of the Pledged Collateral, lease or other disposition of all or any part of the Collateralthereof, at any private sale pursuant to Section 6.01 5.04 conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, Debtor The Obligor hereby waives any claims against the Administrative Agent or any other Secured Party Lender arising by reason of the fact that the price at which the Pledged 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 Administrative Agent accepts the first offer received and does not offer the Pledged Collateral to more than one offeree.

Private Sale. The Administrative Agent and the other Secured Parties Lenders shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateralthereof, at any private sale pursuant to Section 6.01 6.05 hereof conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, Debtor The Guarantor hereby waives any claims against the Administrative 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Neither the Administrative Agent and the nor any other Secured Parties Creditor shall incur no any liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateralthereof, at any private sale pursuant to Section 6.01 5.5 conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, Debtor Each Obligor hereby waives any claims against the Administrative 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Administrative Collateral Agent and the other Secured Parties Lenders shall incur no liability as a result of the sale, lease or other disposition of all or any part of the Collateral, Collateral at any private sale pursuant to Section 6.01 conducted in a commercially reasonable manner. Subject to and without limitation of To the preceding sentenceextent TO CREDIT AGREEMENT permitted by applicable Government Rule, Debtor the Borrower hereby waives any claims against the Administrative 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 that which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Administrative Agent and the other Secured Parties shall incur no liability as a result of the sale, lease sale or other disposition of all or any part of the Collateral, at any private sale pursuant to Section 6.01 conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, the Debtor hereby waives any claims against the Administrative 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Administrative Agent and the other Secured Parties shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateralthereof, at any private sale pursuant to Section 6.01 4.05 conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, Debtor The Company hereby waives any claims against the Administrative 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Neither the Administrative Agent and the nor any other Secured Parties Party shall incur no any liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateralthereof, at any private sale pursuant to Section 6.01 5.07 conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, Debtor Each Borrower hereby waives any claims against the Administrative 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The (a) Neither the Administrative Agent and the nor any other Secured Parties Party shall incur no any liability as a result of the sale, lease or other disposition of all or any part of the Collateral, Collateral at any private sale pursuant to Section 6.01 6.2 conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, Debtor The Guarantor hereby waives any claims against the Administrative Agent or any and each other Secured Party 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 Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Administrative Agent and the other Secured Parties shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateralthereof, at any private sale pursuant to Section 6.01 this Agreement conducted in a commercially reasonable mannermanner and in accordance with applicable EXHIBIT J-1 – CBL 4873-9001-7310\2 Law. Subject to and without limitation of the preceding sentence, Debtor Pledgor hereby waives any claims against the Administrative Agent or any other and 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Administrative Agent and the other Secured Parties shall incur no liability as a result of the sale, lease or other disposition of all or any part of the Collateral, at any private sale pursuant to Section 6.01 conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, Debtor Debtors hereby waives waive any claims against the Administrative 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Administrative Agent and the other Secured Parties shall incur no liability as a result of the sale, lease or other disposition of all or any part of the Collateral, at any private sale pursuant to Section 6.01 Article VI conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, Debtor hereby waives any claims against the Administrative 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Administrative Agent and the other Secured Parties Lenders shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateralthereof, at any private sale pursuant to Section 6.01 5.05 hereof conducted in a commercially reasonable manner. Subject Each Securing Party hereby waives, to and without limitation of the preceding sentenceextent permitted by applicable law, Debtor hereby waives any claims against the Administrative 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent SECURITY AGREEMENT accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Administrative Collateral Agent and the other Secured Parties shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateralthereof, at any private sale pursuant to Section 6.01 4.07 conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, Debtor the Borrower hereby waives any claims against the Administrative 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 to an unrelated third party 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 Administrative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.. Borrower Security Agreement

Private Sale. The Administrative Collateral Agent and the other Secured Parties shall incur no liability as a result of the sale, lease or other disposition of all or any part of the Collateral, at any private sale pursuant to Section 6.01 conducted in a commercially reasonable manner. Subject to and without limitation of the preceding sentence, Debtor Debtors hereby waives waive any claims against the Administrative 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Administrative Agent and the other Secured Parties shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateralthereof, at any private sale pursuant to Section 6.01 this Agreement conducted in a commercially reasonable mannermanner and in accordance with applicable Law. Subject to and without limitation of the preceding sentence, Debtor Pledgor hereby waives any claims against the Administrative Agent or any other and 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 EXHIBIT J-2 – CBL 4873-9001-7310\2 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 Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.