Common use of Sale or Other Disposition of Collateral by Lender Clause in Contracts

Sale or Other Disposition of Collateral by Lender. Any notice ------------------------------------------------- required to be given by Lender of a sale, lease or other disposition or other intended action by Lender with respect to any of the Collateral which is deposited in the United States mails, postage prepaid and duly addressed to Borrower at the address specified in subsection 9.9 below, at least ten (10) -------------- Business Days prior to such proposed action shall constitute fair and reasonable notice to Borrower of any such action. The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the reasonable attorneys' fees and legal expenses incurred by Lender in connection therewith, shall be applied as provided herein toward satisfaction of Borrower's Liabilities including, without limitation, the Liabilities described in subsections 6.5 and --------------- 9.3 of this Agreement. Lender shall account to Borrower for any surplus --- realized upon such sale or other disposition, and Borrower shall remain liable for any deficiency. The commencement of any action, legal or equitable, or the rendering of any judgment or decree for any deficiency shall not affect Lender's security interest in and lien against the Collateral until the Liabilities are fully paid. Borrower agrees that Lender has no obligation to preserve rights to the Collateral against any other parties.

Appears in 1 contract

Samples: Loan and Security Agreement (Visual Numerics Inc)

AutoNDA by SimpleDocs

Sale or Other Disposition of Collateral by Lender. Any notice ------------------------------------------------- required to be given by Lender of a sale, lease or other disposition or other intended action by Lender with respect to any of the Collateral which is deposited in the United States mails, registered or certified, postage prepaid and duly addressed to Borrower the Borrowers at the address specified in subsection 9.9 SECTION 10.01 below, at least ten (10) -------------- Business Days days prior to such proposed action shall constitute fair and reasonable notice to Borrower the Borrowers of any such action. The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the reasonable attorneys' fees and legal expenses incurred by Lender in connection therewith, shall be applied as provided herein toward satisfaction of Borrower's Liabilities including, without limitation, the Liabilities described in subsections 6.5 and --------------- 9.3 of this AgreementObligations. Lender shall account to Borrower the Borrowers for any surplus --- realized upon such sale or other disposition, and Borrower the Borrowers shall remain liable for any deficiency. The commencement of any action, legal or equitable, or the rendering of any judgment or decree for any deficiency shall not affect Lender's security interest in and lien against the Collateral until the Liabilities are fully paidCollateral. Borrower agrees The Borrowers agree that Lender has no obligation to preserve rights to the Collateral against any other parties. Lender is hereby granted a license or other right to use, without charge, the Borrowers' labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks, service marks and advertising matter, or any property of a similar nature, as it pertains to the Collateral, and the Borrowers' rights under all licenses and all franchise agreements shall inure to Lender's benefit until the Obligations are paid in full.

Appears in 1 contract

Samples: Loan and Security Agreement (KMC Telecom Holdings Inc)

Sale or Other Disposition of Collateral by Lender. Any notice ------------------------------------------------- required to be given by Lender of a sale, lease or other disposition or other intended action by Lender with respect to any of the Collateral which is deposited in the United States mails, postage prepaid and duly addressed delivered to Borrower at the address specified in accordance with subsection 9.9 below9.17 hereof, at least ten (10) -------------- Business Days prior to such proposed action action, shall constitute fair and reasonable notice to Borrower of any such action. The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the reasonable attorneys' fees and legal expenses incurred by Lender in connection therewith, shall be applied as provided herein toward satisfaction of Borrower's Liabilities the Liabilities, including, without limitation, the Liabilities described in subsections 6.5 and --------------- 9.3 of this Agreement9.2 hereof. Lender shall account to Borrower for any surplus --- realized upon such sale or other disposition, and Borrower shall remain liable for any deficiency. The commencement of any action, legal or equitable, or the rendering of any judgment or decree for any deficiency shall not affect Lender's security interest in and lien against the Collateral until the Liabilities are fully paid. Borrower agrees that Lender has no obligation to preserve rights to the Collateral against any other parties.

Appears in 1 contract

Samples: Loan and Security Agreement (Allied Products Corp /De/)

Sale or Other Disposition of Collateral by Lender. Any notice ------------------------------------------------- required to be given by Lender of a sale, lease or other disposition or other intended action by Lender with respect to any of the Collateral which is deposited in the United States mailsregistered mail, postage prepaid and duly addressed to Borrower at the address specified in subsection 9.9 SUBSECTION 10.12 below, at least ten (10) -------------- Business Days prior to such proposed action shall constitute fair and reasonable notice to Borrower of any such action. The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the reasonable attorneys' fees and legal expenses incurred by Lender in connection therewith, shall be applied as provided herein toward satisfaction of Borrower's Liabilities including, without limitation, the Liabilities described in subsections 6.5 SUBSECTIONS 7.4 and --------------- 9.3 10.3 of this Agreement. Lender shall account to Borrower for any surplus --- realized upon such sale or other disposition, and Borrower shall remain liable for any deficiency. The commencement of any action, legal or equitable, or the rendering of any judgment or decree for any deficiency shall not affect Lender's security interest in and lien against the Collateral until the Liabilities are fully paid. Borrower agrees that Lender has no obligation to preserve rights to the Collateral against any other parties.

Appears in 1 contract

Samples: Loan and Security Agreement (Grant Geophysical Inc)

AutoNDA by SimpleDocs

Sale or Other Disposition of Collateral by Lender. Any notice ------------------------------------------------- required to be given by Lender of a sale, lease or other disposition or other intended action by Lender with respect to any of the Collateral which is deposited in the United States mails, postage prepaid and duly addressed to the Borrower at the address specified in subsection 9.9 Section 9.01 below, at least ten (10) -------------- Business Days prior to such proposed action shall constitute fair and reasonable notice to the Borrower of any such action. The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the reasonable attorneys' fees and legal expenses incurred by Lender in connection therewith, shall be applied as provided herein toward satisfaction of Borrower's Liabilities including, without limitation, the Liabilities described in subsections 6.5 and --------------- 9.3 of this AgreementObligations. Lender shall account to the Borrower for any surplus --- realized upon such sale or other disposition, and the Borrower shall remain liable for any deficiency. The commencement of any action, legal or equitable, or the rendering of any judgment or decree for any deficiency shall not affect Lender's security interest in and lien against the Collateral until the Liabilities are fully paidCollateral. The Borrower agrees that Lender has no obligation to preserve rights to the Collateral against any other parties.. Lender is hereby granted a license or other right to use, without charge, the Borrower's labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks, service

Appears in 1 contract

Samples: Loan and Security Agreement (Mercury Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!