Common use of Sale of Pledged Collateral Clause in Contracts

Sale of Pledged Collateral. 9.1 As an alternative to exercising the power of sale herein conferred upon it, the Lender may proceed by a suit or suits at law or in equity to foreclose this Pledge Agreement and to sell the Pledged Collateral, or any portion thereof, pursuant to a judgment or decree of a court or courts of competent jurisdiction. 9.2 In connection with any disposition of the Pledged Collateral, in accordance herewith, any such sale or other disposition of any Pledged Collateral in reliance on such advice shall be deemed to be commercially reasonable under the Uniform Commercial Code and otherwise proper. 9.3 The Lender shall be under no obligation to sell or otherwise dispose of any Pledged Collateral, or to cause any Pledged Collateral to be sold or otherwise disposed of, by reason of any diminution in the fair market value thereof, and the failure of the Lender to do so shall under no circumstances be deemed a failure to exercise reasonable care in the custody or preservation of the Pledged Collateral. 9.4 In addition to the rights and remedies granted to the Lender in this Pledge Agreement and in any other instrument or agreement securing, evidencing or relating to any of the Obligations, the Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. The Lender shall have the right in its sole discretion to determine which rights, security, liens, guaranties or remedies it shall retain, pursue, release, subordinate, modify or enforce, without in any way modifying or affecting any of the other of them or any of the Lender's rights hereunder.

Appears in 10 contracts

Samples: Pledge Agreement (Universal Guardian Holdings Inc), Pledge Agreement (Grupo TMM Sa), Pledge Agreement (Grupo TMM Sa)

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Sale of Pledged Collateral. 9.1 9.1. As an alternative to exercising the power of sale herein conferred upon it, the Lender may proceed by a suit or suits at law or in equity to foreclose this Pledge Agreement and to sell the Pledged Collateral, or any portion thereof, pursuant to a judgment or decree of a court or courts of competent jurisdiction. 9.2 9.2. In connection with any disposition of the Pledged Collateral, in accordance herewith, any such sale or other disposition of any Pledged Collateral in reliance on such advice shall be deemed to be commercially reasonable under the Uniform Commercial Code and otherwise proper. 9.3 9.3. The Lender shall be under no obligation to sell or otherwise dispose of any Pledged Collateral, or to cause any Pledged Collateral to be sold or otherwise disposed of, by reason of any diminution in the fair market value thereof, and the failure of the Lender to do so shall under no circumstances be deemed a failure to exercise reasonable care in the custody or preservation of the Pledged Collateral. 9.4 9.4. In addition to the rights and remedies granted to the Lender in this Pledge Agreement and in any other instrument or agreement securing, evidencing or relating to any of the Obligations, the Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. The Lender shall have the right in its sole discretion to determine which rights, security, liens, guaranties or remedies it shall retain, pursue, release, subordinate, modify or enforce, without in any way modifying or affecting any of the other of them or any of the Lender's rights hereunder.

Appears in 4 contracts

Samples: Pledge Agreement (Grupo TMM Sa), Pledge Agreement (Grupo TMM Sa), Pledge Agreement (Grupo TMM Sa)

Sale of Pledged Collateral. 9.1 As an alternative to exercising In the power event of any sale herein conferred upon it, the Lender may proceed by a suit or suits at law or in equity to foreclose this Pledge Agreement and to sell the Pledged Collateral, or any portion thereof, pursuant to a judgment or decree of a court or courts of competent jurisdiction. 9.2 In connection with any other disposition of the Pledged CollateralCollateral as provided in ARTICLE VI, in accordance herewith, the Lender shall give to the Grantors at least ten (10) days' prior written notice of the time and place of any public sale or other disposition of the Pledged Collateral or the time after which any private sale or any other disposition is to be made. Each Grantor hereby acknowledges that ten days' prior written notice of such sale or other disposition shall be reasonable notice. The Lender may enforce its rights hereunder without any other notice and without any other action now or hereafter required by law, regulation, judicial order or decree or otherwise (all of which are hereby expressly waived by each Grantor, to the fullest extent permitted by law). The Lender may buy any part or all of the Pledged Collateral in reliance on such advice shall be deemed to be commercially reasonable under at any public sale or other disposition and if any part or all of the Uniform Commercial Code and otherwise proper. 9.3 The Lender shall be under no obligation to sell or otherwise dispose of any Pledged Collateral, or to cause any Pledged Collateral to be is of a type customarily sold or otherwise disposed ofof in a recognized market or is of a type which is the subject of widely-distributed standard price quotations, by reason of any diminution in the fair market value thereof, and the failure of the Lender may buy at any private sale or other disposition and may make payments thereof by any means. Each Grantor hereby waives and releases to do so shall under no circumstances be deemed a failure the fullest extent permitted by law any right or equity of redemption with respect to exercise reasonable care in the custody or preservation of the Pledged Collateral. 9.4 In addition to , whether before or after sale hereunder, and all rights, if any, of marshalling the rights Pledged Collateral and remedies granted to the Lender in this Pledge Agreement and in any other instrument security for the Secured Obligations or agreement securing, evidencing or relating to any of the Obligations, the Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Codeotherwise. The Lender shall have the right in its sole discretion not be liable for failure to determine which rights, security, liens, guaranties collect or remedies it shall retain, pursue, release, subordinate, modify realize upon any or enforce, without in any way modifying or affecting any all of the other of them Pledged Collateral or for any of the Lender's rights hereunderdelay in so doing nor shall it be under any obligation to take any action with regard thereto.

Appears in 2 contracts

Samples: Pledge Agreement (Ideanomics, Inc.), Pledge Agreement (Ideanomics, Inc.)

Sale of Pledged Collateral. 9.1 (a) As an alternative to exercising the power of sale herein conferred upon it, the Lender may proceed by a suit or suits at law or in equity to foreclose this Pledge Agreement and to sell the Pledged Collateral, or any portion thereof, pursuant to a judgment or decree of a court or courts of competent jurisdiction. 9.2 (b) In connection with any disposition of the Pledged Collateral, in accordance herewith, any such sale or other disposition of any Pledged Collateral in reliance on such advice shall be deemed to be commercially reasonable under the Uniform Commercial Code and otherwise proper. 9.3 (c) The Lender shall be under no obligation to sell or otherwise dispose of any Pledged Collateral, or to cause any Pledged Collateral to be sold or otherwise disposed of, by reason of any diminution in the fair market value thereof, and the failure of the Lender to do so shall under no circumstances be deemed a failure to exercise reasonable care in the custody or preservation of the Pledged Collateral. 9.4 (d) In addition to the rights and remedies granted to the Lender in this Pledge Agreement and in any other instrument or agreement securing, evidencing or relating to any of the Obligations, the Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. The Lender shall have the right in its sole discretion to determine which rights, security, liens, guaranties or remedies it shall retain, pursue, release, subordinate, modify or enforce, without in any way modifying or affecting any of the other of them or any of the Lender's ’s rights hereunder.

Appears in 1 contract

Samples: Loan Agreement (It&e International Group)

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Sale of Pledged Collateral. 9.1 As an alternative to exercising the power of sale herein conferred upon it, the Lender may proceed by a suit or suits at law or in equity to foreclose this Pledge Agreement and to sell the Pledged Collateral, or any portion thereof, pursuant to a judgment or decree of a court or courts of competent jurisdiction. 9.2 . In connection with any disposition of the Pledged Collateral, Collateral in accordance herewith, any such sale or other disposition of any Pledged Collateral in reliance on such advice shall be deemed to be commercially reasonable under the Uniform Commercial Code and otherwise proper. 9.3 . The Lender shall be under no obligation to sell or otherwise dispose of any Pledged Collateral, or to cause any Pledged Collateral to be sold or otherwise disposed of, by reason of any diminution in the fair market value thereof, and the failure of the Lender to do so shall under no circumstances be deemed a failure to exercise reasonable care in the custody or preservation of the Pledged Collateral. 9.4 . In addition to the rights and remedies granted to the Lender in this Pledge Agreement and in any other instrument or agreement securing, evidencing or relating to any of the Obligations, the Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. The Lender shall have the right in its sole discretion to determine which rights, security, lienslien, guaranties or remedies it shall retain, pursue, release, subordinate, modify or enforce, without in any way modifying or affecting any of the other of them or any of the Lender's rights hereunder.

Appears in 1 contract

Samples: Loan Agreement (Seamless Wi-Fi, Inc.)

Sale of Pledged Collateral. 9.1 (a) As an alternative to exercising the power of sale herein conferred upon it, the Lender may proceed by a suit or suits at law or in equity to foreclose this Pledge Agreement and to sell the Pledged Collateral, or any portion thereof, pursuant to a judgment or decree of a court or courts of competent jurisdiction. 9.2 (b) In connection with any disposition of the Pledged Collateral, in accordance herewith, any such sale or other disposition of any Pledged Collateral in reliance on such advice shall be deemed to be commercially reasonable under the Uniform Commercial Code and otherwise proper. 9.3 (c) The Lender shall be under no obligation to sell or otherwise dispose of any Pledged Collateral, or to cause any Pledged Collateral to be sold or otherwise disposed of, by reason of any diminution in the fair market value thereof, and the failure of the Lender to do so shall under no circumstances be deemed a failure to exercise reasonable care in the custody or preservation of the Pledged Collateral. 9.4 (d) In addition to the rights and remedies granted to the Lender in this Pledge Agreement and in any other instrument or agreement securing, evidencing or relating to any of the Obligations, the Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. The Lender shall have the right in its sole discretion to determine which rights, security, liens, guaranties or remedies it shall retain, pursue, release, subordinate, modify or enforce, without in any way modifying or affecting any of the other of them or any of the Lender's rights hereunder.

Appears in 1 contract

Samples: Pledge Agreement (Rocky Mountain Energy Corp)

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