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Common use of Standards for Determining Commercial Reasonableness Clause in Contracts

Standards for Determining Commercial Reasonableness. Borrower and Lender agree that a sale or other disposition (collectively, “Sale”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) notice of the Sale is given to Borrower at least ten days prior to the Sale, and, in the case of a public Sale, notice of the Sale is published at least five days before the date of the Sale in a newspaper of general circulation in the county where the Sale is to be conducted; (ii) notice of the Sale describes the Collateral in general, non-specific terms; (iii) the Sale is conducted at a place designated by Lender, with or without the Collateral being present; (iv) the Sale commences at any time between 8:00 a.m. and 6:00 p.m.; (v) payment of the purchase price in cash or by cashier’s check or wire transfer is required; (vi) with respect to any Sale of any of the Collateral, Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 1 contract

Samples: Loan and Security Agreement (Xtera Communications, Inc.)

Standards for Determining Commercial Reasonableness. Borrower Debtor and Lender PFG agree that a sale or other disposition (collectively, “Salesale”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) notice Notice of the Sale sale is given to Borrower Debtor at least ten days prior to the Salesale, and, in the case of a public Salesale, notice of the Sale sale is published at least five days before the date of the Sale sale in a newspaper of general circulation in the county where the Sale sale is to be conducted; (ii) notice Notice of the Sale sale describes the Collateral collateral in general, non-specific terms; (iii) the Sale The sale is conducted at a place designated by LenderPFG, with or without the Collateral being present; (iv) the Sale The sale commences at any time between 8:00 a.m. and 6:00 p.m.p.m; (v) payment Payment of the purchase price in cash or by cashier’s check or wire transfer is required; (vi) with With respect to any Sale sale of any of the Collateral, Lender PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower Debtor any and all information concerning the same. Lender PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 1 contract

Samples: Loan and Security Agreement (Interwave Communications International LTD)

Standards for Determining Commercial Reasonableness. Borrower and Lender PFG agree that a sale or other disposition (collectively, “Sale”"sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) notice Notice of the Sale sale is given to Borrower at least ten days prior to the Salesale, and, in the case of a public Salesale, notice of the Sale sale is published at least five days before the date of the Sale sale in a newspaper of general circulation in the county where the Sale sale is to be conducted; (ii) notice Notice of the Sale sale describes the Collateral collateral in general, non-specific terms; (iii) the Sale The sale is conducted at a place designated by LenderPFG, with or without the Collateral being present; (iv) the Sale The sale commences at any time between 8:00 a.m. a m and 6:00 p.m.; (v) payment Payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; (vi) with With respect to any Sale sale of any of the Collateral, Lender PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Lender PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 1 contract

Samples: Loan and Security Agreement (St. Bernard Software, Inc.)

Standards for Determining Commercial Reasonableness. Borrower Each Loan Party and Lender agree that a sale or other disposition (collectively, “Sale”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) notice of the Sale is given to Borrower such Loan Party at least ten days prior to the Sale, and, in the case of a public Sale, notice of the Sale is published at least five days before the date of the Sale in a newspaper of general circulation in the county where the Sale is to be conducted; (ii) notice of the Sale describes the Collateral in general, non-specific terms; (iii) the Sale is conducted at a place designated by Lender, with or without the Collateral being present; (iv) the Sale commences at any time between 8:00 a.m. and 6:00 p.m.p.m; (v) payment of the purchase price in cash or by cashier’s check or wire transfer is required; (vi) with respect to any Sale of any of the Collateral, Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower such Loan Party any and all information concerning the same. Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 1 contract

Samples: Loan and Security Agreement (On Deck Capital, Inc.)

Standards for Determining Commercial Reasonableness. Borrower and Lender agree that a sale or other disposition (collectively, "Sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) notice of the Sale is given to Borrower at least ten days prior to the Sale, and, in the case of a public Sale, notice of the Sale is published at least five days before the date of the Sale in a newspaper of general circulation in the county where the Sale is to be conducted; (ii) notice of the Sale describes the Collateral in general, non-specific terms; (iii) the Sale is conducted at a place designated by Lender, with or without the Collateral being present; (iv) the Sale commences at any time between 8:00 a.m. and 6:00 p.m.p.m; (v) payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; (vi) with respect to any Sale of any of the Collateral, Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 1 contract

Samples: Loan and Security Agreement (CalAmp Corp.)