Common use of Sale of Pledged Collateral Clause in Contracts

Sale of Pledged Collateral. Debtor acknowledges and recognizes that Secured Party may be unable to effect a public sale of all or a part of the Pledged Collateral (including the Pledged Shares) and may be compelled to resort to one or more private sales to a restricted group of purchasers who will be obligated to agree, among other things, to acquire the Pledged Collateral for their own account, for investment and not with a view to the distribution or resale thereof. Debtor acknowledges that any such private sales may be at prices and on terms less favorable to Secured Party than those of public sales, and agrees that so long as such sales are made in good faith such private sales shall be deemed to have been made in a commercially reasonable manner and that Secured Party has no obligation to delay sale of any Pledged Collateral to permit the issuer thereof to register it for public sale under the Securities Act of 1933, as amended or under any state securities law.

Appears in 3 contracts

Samples: Employee Loan Agreement, Employee Loan Agreement (Fluidigm Corp), Employee Loan Agreement (Fluidigm Corp)

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Sale of Pledged Collateral. Debtor acknowledges and recognizes that Secured Party may be unable to effect a public sale of all or a part of the Pledged Collateral (including the Pledged Shares) Securities and may be compelled to resort to one or more private sales to a restricted group of purchasers who will be obligated to agree, among other things, to acquire the Pledged Collateral Securities for their its own account, for investment and not with a view to the distribution or resale thereof. Debtor acknowledges that any such private sales may be at prices and on terms less favorable to Secured Party than those of public sales, and agrees that so long as such sales are made in good faith such private sales shall be deemed to have been made in a commercially reasonable manner and that Secured Party has no obligation to delay sale of any Pledged Collateral Securities to permit the issuer thereof to register it for public sale under the Securities Act of 1933, as amended or under any state securities law.

Appears in 2 contracts

Samples: Note Purchase Agreement (Wright Investors Service Holdings, Inc.), Stock Pledge Agreement (Merriman Holdings, Inc)

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Sale of Pledged Collateral. Debtor Pledgor acknowledges and recognizes that Secured Party may be unable to effect a public sale of all or a part of the Pledged Collateral (including the Pledged Shares) Securities and may be compelled to resort to one or more private sales to a restricted group of purchasers who will be obligated to agree, among other things, to acquire the Pledged Collateral Securities for their own account, for investment and not with a view to the distribution or resale thereof. Debtor Pledgor acknowledges that any such private sales may be at prices and on terms less favorable to Secured Party than those of public sales, and agrees that so long as such sales are made in good faith such private sales shall be deemed to have . been made in a commercially reasonable manner and that Secured Party has no obligation to delay sale of any Pledged Collateral Securities to permit the issuer thereof to register it for public sale under the Securities Act of 1933, as amended or under any state securities law.

Appears in 1 contract

Samples: Pledge Agreement (Transworld Benefits International Inc)

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