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 mail, postage prepaid and duly addressed to Borrower at the address specified in Section 10.19, at least ten (10) business days prior to such proposed action, shall constitute fair and commercially reasonable notice to 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 legal fees and expenses and other proper fees and expenses incurred by the Agent in connection therewith, shall be applied toward satisfaction of the Liabilities. The Agent 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 the Agent’s security interest in the Collateral until the Liabilities shall have been paid in full.

Appears in 2 contracts

Samples: Loan and Security Agreement (Premium Standard Farms, Inc.), Loan and Security Agreement (PSF Group Holdings Inc)

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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 given to the United States mail, postage prepaid and duly addressed to Borrower at the address Representative as specified in Section 10.19subsection 10.12, at least ten (10) business days prior to such proposed action, shall constitute fair and commercially reasonable notice to Borrower the Borrowers 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 reasonable legal fees and expenses and other proper fees and expenses Collateral incurred by the Agent in connection therewith, shall be applied as provided herein toward satisfaction of the LiabilitiesObligations. The Agent 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, deficiency shall not affect the Agent’s security interest in 's Liens on the Collateral until the Liabilities shall have been paid in fullObligations are fully paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Lois/Usa Inc)

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 given to the United States mail, postage prepaid and duly addressed to Borrower at the address Representative as specified in Section 10.19SUBSECTION 10.12, at least ten (10) business days prior to such proposed action, shall constitute fair and commercially reasonable notice to Borrower the Borrowers 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 reasonable legal fees and expenses and other proper fees and expenses Collateral incurred by the Agent in connection therewith, shall be applied as provided herein toward satisfaction of the LiabilitiesObligations. The Agent 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, deficiency shall not affect the Agent’s security interest in 's Liens on the Collateral until the Liabilities shall have been paid in fullObligations are fully paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Lois/Usa Inc)

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 88 97 Agent with respect to any of the Collateral which is deposited in the United States mailmails, postage prepaid and duly addressed to the Borrower at the address specified in Section 10.19subsection 10.13, at least ten (10) business days prior to such proposed action, shall constitute fair and commercially 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 expenses of retaking, holding, storing, transporting, preparing for sale, selling or otherwise disposing of the like, and the reasonable legal fees and expenses and other proper fees and expenses Collateral incurred by the Agent in connection therewith, shall be applied as provided herein toward satisfaction of the LiabilitiesObligations. 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, deficiency shall not affect the Agent’s security interest in 's Liens on the Collateral until the Liabilities shall have been Obligations are fully paid in full(other than unasserted contingent indemnification obligations).

Appears in 1 contract

Samples: Loan and Security Agreement (Plainwell Inc)

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 given to the United States mail, postage prepaid and duly addressed to Borrower at the address Representative as specified in Section 10.19SUBSECTION 10.12, at least ten (10) business days prior to such proposed action, shall constitute fair and commercially reasonable notice to Borrower the Borrowers 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 reasonable legal fees and expenses and other proper fees and expenses Collateral incurred by the Agent in connection therewith, shall be applied toward satisfaction of the LiabilitiesObligations in such manner as the Agent may deem advisable. The Agent 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, deficiency shall not affect the Agent’s security interest in 's Liens on the Collateral until the Liabilities shall have been paid in fullObligations are fully paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Lois/Usa Inc)

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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 given to the United States mail, postage prepaid and duly addressed to Borrower at the address as specified in Section 10.19subsection 10.12, at least ten (10) business days prior to such proposed action, shall constitute fair and commercially 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 expenses of retaking, holding, storing, transporting, preparing for sale, selling or otherwise disposing of the like, and the reasonable legal fees and expenses and other proper fees and expenses Collateral incurred by the Agent in connection therewith, shall be applied as provided herein toward satisfaction of the LiabilitiesObligations. 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, deficiency shall not affect the Agent’s security interest in 's Liens on the Collateral until the Liabilities shall have been paid in fullObligations are fully paid.

Appears in 1 contract

Samples: Loan and Security Agreement (Telular Corp)

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 mail, postage prepaid and duly addressed to Borrower at the address specified in Section 10.195.16, at least ten (10) business days Business Days prior to such proposed action, shall constitute fair and commercially reasonable notice to 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 legal fees and expenses and other proper fees and expenses incurred by the Agent in connection therewith, shall be applied toward satisfaction of the LiabilitiesObligations. The Agent 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 the Agent’s security interest in the Collateral until the Liabilities Obligations shall have been paid in full.

Appears in 1 contract

Samples: Security Agreement (Sanfilippo John B & Son Inc)

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