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

Sale or Other Disposition of Collateral by the Agent. Any notice required to be given by the Agent of a sale, lease or other disposition or other intended action by the Agent, 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 Section 11.12 hereof, at least ten (10) calendar days prior to such proposed action shall constitute fair and reasonable notice to the Borrower of any such action. The net proceeds realized by the Agent upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the attorneys’ and paralegal fees and legal expenses incurred by the Agent in connection therewith, shall be applied as provided herein toward satisfaction of the Liabilities, including, without limitation, such Liabilities described in Sections 8.2 and 11.2 hereof. The Agent 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 the Agent’s Liens in the Collateral until the Liabilities are fully paid. The Borrower agrees that the Agent has no obligation to preserve rights to the Collateral against any other Person. If and to the extent applicable, the Agent for the benefit of Lenders 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, tradestyles, trademarks, service marks and advertising matter or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any such Collateral, and the Borrower’s rights and benefits under all licenses and franchise agreements, if any, shall inure to the Agent’s and Lenders’ benefit until the Liabilities of the Borrower are Paid in Full.

Sale or Other Disposition of Collateral by the Agent. Any notice required to be given by the Agent of a sale, lease or other disposition or other intended action by the Agent, with respect to any of the CollateralCollateral or any Real Property, which is deposited in the United States mails, postage prepaid and duly addressed to the Borrower at the address specified in Section 11.12 12.12 hereof, at least ten (10) calendar days prior to such proposed action shall constitute fair and reasonable notice to the Borrower Borrowers of any such action. The net proceeds realized by the Agent upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the attorneys’ and paralegal paralegal’ fees and legal expenses incurred by the Agent in connection therewith, shall be applied as provided herein toward satisfaction of the Liabilities, including, without limitation, such Liabilities described in Sections 8.2 and 11.2 12.2 hereof. The Agent shall account to the Borrower Borrowers for any surplus realized upon such sale or other disposition, and the Borrower 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 the Agent’s Liens in the Collateral until the Liabilities are fully paid. The Borrower agrees Borrowers agree that the Agent has no obligation to preserve rights to the Collateral against any other Person. If and to the extent applicable, the Agent for the benefit of Lenders is hereby granted a license or other right to use, without charge, the Borrower’s Borrowers’ labels, patents, copyrights, rights of use of any name, trade secrets, trade names, tradestyles, trademarks, service marks and advertising matter or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any such CollateralCollateral or any Real Property, and the Borrower’s Borrowers’ respective rights and benefits under all licenses and franchise agreements, if any, shall inure to the Agent’s and Lenders’ benefit until the Liabilities of the Borrower are Paid paid in Fullfull.

Sale or Other Disposition of Collateral by the Agent. Any notice required to be given by the Agent of a sale, lease or other disposition or other intended action by the Agent, Agent with respect to any of the Collateral, Collateral which is deposited in the United States mails, postage prepaid and duly addressed to the Borrower at the address specified in Section 11.12 hereof10.13, at least ten (10) calendar days 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 the Agent 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’ ' and paralegal paralegals' fees and legal expenses incurred by the Agent in connection therewith, shall be applied as provided herein toward satisfaction of the Liabilities, Liabilities including, without limitation, such limitation the Liabilities described in Sections 8.2 7.5 and 11.2 hereof10.2. The Agent 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 the Agent’s Liens 's security interest in the Collateral until the Liabilities are fully paid. The Borrower agrees that neither the Agent nor any Lender has no any obligation to preserve rights to the Collateral against any other Personparties. If and to the extent applicable, the The Agent for the benefit of Lenders is hereby granted a license or other right to use, without charge, the Borrower’s 's labels, patents, copyrights, rights of use of any name, trade secrets, trade names, tradestyles, trademarks, service marks and advertising matter matter, or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any such Collateral, Collateral and the Borrower’s 's rights and benefits under all licenses and all franchise agreements, if any, agreements shall inure to the Agent’s and Lenders’ 's benefit until the Liabilities of the Borrower are Paid in Fullpaid.

Sale or Other Disposition of Collateral by the Agent. Any notice required to be given by the Agent or the Collateral Agent of a sale, lease or other disposition or other intended action by the Agent, Agent or the Collateral Agent with respect to any of the Collateral, Collateral which is deposited in the United States mails, registered or certified, postage prepaid and duly addressed to the Borrower Borrowers at the address specified in Section 11.12 hereofSECTION 11.01, at least ten (10) calendar days prior to such proposed action shall constitute fair and reasonable notice to the Borrower Borrowers of any such action. The net proceeds realized by the Agent or the Collateral Agent 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’ and paralegal ' fees and legal expenses incurred by the Agent or the Collateral Agent in connection therewith, shall be applied as provided herein toward satisfaction of the Liabilities, including, without limitation, such Liabilities described in Sections 8.2 and 11.2 hereofObligations. The Agent or the Collateral Agent, as applicable, shall account to the Borrower Borrowers for any surplus realized upon such sale or other disposition, and the Borrower 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 the Collateral Agent’s Liens 's security interest in the Collateral until the Liabilities are fully paidCollateral. The Borrower agrees Borrowers agree that the Collateral Agent has no obligation to preserve rights to the Collateral against any other Personparties. If The Agent and to the extent applicable, the Collateral Agent for the benefit of Lenders is are hereby granted a license or other right to use, without charge, the Borrower’s Borrowers' labels, patents, copyrights, rights of use of any name, trade secrets, trade names, tradestyles, trademarks, service marks and advertising matter matter, or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any such Collateral, and the Borrower’s Borrowers' rights and benefits under all licenses and all franchise agreements, if any, agreements shall inure to the Agent’s 's and Lenders’ the Collateral Agent's benefit until the Liabilities of the Borrower Obligations are Paid paid in Fullfull.

Sale or Other Disposition of Collateral by the Agent. Any notice ---------------------------------------------------- required to be given by the Agent of a sale, lease or other disposition or other intended action by the Agent, Agent with respect to any of the Collateral, Collateral which is deposited in the United States mails, postage prepaid and duly addressed to the Borrower at the address specified in Section 11.12 hereof10.13, at least ten (10) calendar days 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 the Agent 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’ ' and paralegal paralegals' fees and legal expenses incurred by the Agent in connection therewith, shall be applied as provided herein toward satisfaction of the Liabilities, Liabilities including, without limitation, such limitation the Liabilities described in Sections 8.2 -------- 7.5 and 11.2 hereof10.2. The Agent 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 the Agent’s Liens 's security interest in the Collateral until the Liabilities are fully paid. The Borrower agrees that neither the Agent nor any Lender has no any obligation to preserve rights to the Collateral against any other Personparties. If and to the extent applicable, the The Agent for the benefit of Lenders is hereby granted a license or other right to use, without charge, the Borrower’s 's labels, patents, copyrights, rights of use of any name, trade secrets, trade names, tradestyles, trademarks, service marks and advertising matter matter, or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any such Collateral, Collateral and the Borrower’s 's rights and benefits under all licenses and all franchise agreements, if any, agreements shall inure to the Agent’s and Lenders’ 's benefit until the Liabilities of the Borrower are Paid in Fullpaid.

Sale or Other Disposition of Collateral by the Agent. Any notice required to be given by the Agent or the Collateral Agent of a sale, lease or other disposition or other intended action by the Agent, Agent or the Collateral Agent with respect to any of the Collateral, Collateral which is deposited in the United States mails, registered or certified, postage prepaid and duly addressed to the Borrower Borrowers at the address specified in Section 11.12 hereofSECTION 11.01 below, at least ten (10) calendar days prior to such proposed action shall constitute fair and reasonable notice to the Borrower Borrowers of any such action. The net proceeds realized by the Agent or the Collateral Agent 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’ and paralegal ' fees and legal expenses incurred by the Agent or the Collateral Agent in connection therewith, shall be applied as provided herein toward satisfaction of the Liabilities, including, without limitation, such Liabilities described in Sections 8.2 and 11.2 hereofObligations. The Agent or the Collateral Agent, as applicable, shall account to the Borrower Borrowers for any surplus realized upon such sale or other disposition, and the Borrower 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 the Collateral Agent’s Liens 's security interest in the Collateral until the Liabilities are fully paidCollateral. The Borrower agrees Borrowers agree that the Collateral Agent has no obligation to preserve rights to the Collateral against any other Personparties. If The Agent and to the extent applicable, the Collateral Agent for the benefit of Lenders is are hereby granted a license or other right to use, without charge, the Borrower’s Borrowers' labels, patents, copyrights, rights of use of any name, trade secrets, trade names, tradestyles, trademarks, service marks and advertising matter matter, or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any such Collateral, and the Borrower’s Borrowers' rights and benefits under all licenses and all franchise agreements, if any, agreements shall inure to the Agent’s 's and Lenders’ the Collateral Agent's benefit until the Liabilities of the Borrower Obligations are Paid paid in Fullfull.

Sale or Other Disposition of Collateral by the Agent. Any notice required to be given by the Agent or the Collateral Agent of a sale, lease or other disposition or other intended action by the Agent, Agent or the Collateral Agent with respect to any of the Collateral, Collateral which is deposited in the United States mails, registered or certified, postage prepaid and duly addressed to the Borrower Borrowers at the address specified in Section 11.12 hereof11.01 below, at least ten (10) calendar days prior to such proposed action shall constitute fair and reasonable notice to the Borrower Borrowers of any such action. The net proceeds realized by the Agent or the Collateral Agent 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’ and paralegal ' fees and legal expenses incurred by the Agent or the Collateral Agent in connection therewith, shall be applied as provided herein toward satisfaction of the Liabilities, including, without limitation, such Liabilities described in Sections 8.2 and 11.2 hereofObligations. The Agent or the Collateral Agent, as applicable, shall account to the Borrower Borrowers for any surplus realized upon such sale or other disposition, and the Borrower 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 the Collateral Agent’s Liens 's security interest in the Collateral until the Liabilities are fully paidCollateral. The Borrower agrees Borrowers agree that the Collateral Agent has no obligation to preserve rights to the Collateral against any other Personparties. If The Agent and to the extent applicable, the Collateral Agent for the benefit of Lenders is are hereby granted a license or other right to use, without charge, the Borrower’s Borrowers' labels, patents, copyrights, rights of use of any name, trade secrets, trade names, tradestyles, trademarks, service marks and advertising matter matter, or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any such Collateral, and the Borrower’s Borrowers' rights and benefits under all licenses and all franchise agreements, if any, agreements shall inure to the Agent’s 's and Lenders’ the Collateral Agent's benefit until the Liabilities of the Borrower Obligations are Paid paid in Fullfull.

Sale or Other Disposition of Collateral by the Agent. Any notice required to be given by the Agent of a sale, lease or other disposition or other intended action by the Agent, 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 Section 11.12 hereof, at least ten (10) calendar days prior to such proposed action shall constitute fair and reasonable notice to the Borrower of any such action. The net proceeds realized by the Agent upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the attorneys’ and paralegal paralegal’ fees and legal expenses incurred by the Agent in connection therewith, shall be applied as provided herein toward satisfaction of the Liabilities, including, without limitation, such Liabilities described in Sections 8.2 and 11.2 hereof. The Agent 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 the Agent’s Liens in the Collateral until the Liabilities are fully paidPaid in Full. The Borrower agrees that the Agent has no obligation to preserve rights to the Collateral against any other Person. If and to the extent applicable, the The Agent for the benefit of Lenders 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, tradestyles, trademarks, service marks and advertising matter or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any such Collateral, and the Borrower’s rights and benefits under all licenses and franchise agreements, if any, shall inure to the Agent’s and Lenders’ benefit until the Liabilities of the Borrower are Paid in Full.

Sale or Other Disposition of Collateral by the Agent. Any notice required to be given by the Agent of a sale, lease or other disposition or other intended action by the Agent, 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 Section 11.12 12.12 hereof, at least ten (10) calendar days prior to such proposed action shall constitute fair and reasonable notice to the Borrower of any such action. The net proceeds realized by the Agent upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the attorneys’ and paralegal paralegal’ fees and legal expenses incurred by the Agent in connection therewith, shall be applied as provided herein toward satisfaction of the Liabilities, including, without limitation, such Liabilities described in Sections 8.2 and 11.2 12.2 hereof. The Agent 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 the Agent’s Liens in the Collateral until the Liabilities are fully paid. The Borrower TheBorrower agrees that the Agent has no obligation to preserve rights to the Collateral against any other Person. If and to the extent applicable, the Agent for the benefit of Lenders 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, tradestyles, trademarks, service marks and advertising matter or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any such CollateralCollateral or any Real Property, and the Borrower’s respective rights and benefits under all licenses and franchise agreements, if any, shall inure to the Agent’s and Lenders’ benefit until the Liabilities of the Borrower are Paid paid in Fullfull.

Sale or Other Disposition of Collateral by the Agent. Any notice required to be given by the Agent of a sale, lease or other disposition or other intended action by the Agent, Agent with respect to any of the Collateral, Collateral of any Loan Party which is deposited in the United States mails, postage prepaid and duly addressed to the Borrower Company at the address specified in Section 11.12 hereofsubsection 12.13 below, at least ten (10) calendar days, or in the case of Collateral located in Canada, at least (15) days prior to such proposed action action, shall constitute fair and reasonable notice to the Borrower each Loan Party of any such action. The net proceeds realized by the Agent upon any such sale or other disposition, after deduction for the expense expenses of retaking, holding, storing, transporting, preparing for sale, selling or otherwise disposing of the like and the attorneys’ and paralegal fees and legal expenses Collateral incurred by the Agent in connection therewith, shall be applied as provided herein toward satisfaction of the Liabilities, Obligations and the other secured obligations including, without limitation, such Liabilities the Obligations described in Sections 8.2 subsections 2.18 and 11.2 hereof12.2 hereof and with respect to the other secured obligations, the obligations of any Loan Party under an Interest Rate Agreement entered in to with any Lender (the "Interest Rate Obligations"); PROVIDED, HOWEVER, that the Lenders agree that all net proceeds of the Collateral shall first be applied toward the satisfaction of the Obligations and after the Obligations are paid in full, such proceeds shall be applied to the payment of any unpaid Interest Rate Obligations. The Agent shall account to the Borrower applicable Loan Party for any surplus realized upon such sale or other disposition, and the Borrower such Loan Party 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 the Agent’s Liens 's security interest in the Collateral until the Liabilities Obligations and the Interest Rate Obligations are fully paid. The Borrower Each Loan Party agrees that the Agent has no obligation to preserve rights to the Collateral against any other Personparties. If and to Upon acceleration of the extent applicableObligations in accordance with subsection 9.1, the Agent for the benefit of Lenders is hereby granted a license or other right to use, without charge, the Borrower’s labelseach Loan Party's General Intangibles, Intellectual Property, Equipment, Real Estate, patents, copyrights, rights of use of any name, trade secrets, trade names, tradestyles, trademarks, service marks and advertising matter matter, or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale or lease and selling or leasing any Inventory or other Collateral and such Collateral, and the Borrower’s Loan Party's rights and benefits under all licenses licenses, leases and franchise agreements, if any, agreements shall inure to the Agent’s and Lenders’ 's benefit until the Liabilities of the Borrower all Obligations are Paid paid in Fullfull.