Common use of Standards for Determining Commercial Reasonableness Clause in Contracts

Standards for Determining Commercial Reasonableness. Borrower and GBC 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBC, 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, GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 6 contracts

Samples: Security Agreement (Paradigm Technology Inc /De/), Loan and Security Agreement (Future Media Productions), Loan and Security Agreement (Com21 Inc)

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Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before 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 GBCSilicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 4 contracts

Samples: Loan and Security Agreement (U S Realtel Inc), Loan and Security Agreement (Cypress Communications Holding Co Inc), Loan and Security Agreement (P Com Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC ORIX 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCORIX, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.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, GBC ORIX may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC ORIX shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 3 contracts

Samples: Loan and Security Agreement (Athenahealth Inc), Loan and Security Agreement (Athenahealth Inc), Loan and Security Agreement (Celebrate Express, Inc.)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five (5) days before 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 GBCSilicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 3 contracts

Samples: Loan and Security Agreement (Callidus Software Inc), Loan Modification Agreement (Picis Inc), Loan Modification Agreement (Picis Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCSilicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 3 contracts

Samples: Loan and Security Agreement (Adexa Inc), Loan and Security Agreement (Truevision Inc), Loan and Security Agreement (Cambridge Heart Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be The commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 nonspecific terms; (iii) The sale is conducted at a place designated by GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 2 contracts

Samples: Loan and Security Agreement (Omnicell Com /Ca/), Loan and Security Agreement (Omnicell Inc /Ca/)

Standards for Determining Commercial Reasonableness. Borrower and GBC 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 seven ten days prior to the sale, and, and in the case of a public sale, notice of the sale is published at least seven ten days before 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 GBC, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.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, GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 2 contracts

Samples: Loan and Security Agreement (Indus International), TSW International Inc

Standards for Determining Commercial Reasonableness. Borrower and GBC 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBC, 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, . GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 2 contracts

Samples: Loan and Security Agreement (Syquest Technology Inc), Syquest Technology Inc

Standards for Determining Commercial Reasonableness. Borrower and GBC Coast 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCCoast, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (viVi) With respect to any sale of any of the Collateral, GBC Coast may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Coast shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 2 contracts

Samples: Loan and Security Agreement (Jore Corp), Loan and Security Agreement (Jore Corp)

Standards for Determining Commercial Reasonableness. Borrower and GBC Greyrock 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCGreyrock, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.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, GBC Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Greyrock shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Appears in 2 contracts

Samples: And Security Agreement (Software Technologies Corp/), And Security Agreement (Software Technologies Corp/)

Standards for Determining Commercial Reasonableness. Borrower and GBC Coast 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: (ia) Notice of the sale is given to Borrower at least seven (7) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten (10) days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (iib) Notice of the sale describes the collateral in general, non-specific terms; (iiic) The sale is conducted at a place designated by GBCCoast, with or without the Collateral being present; (ivd) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (ve) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vif) With respect to any sale of any of the Collateral, GBC Coast may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Coast 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 (Transcend Services Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Greyrock 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least * seven days before 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 GBCGreyrock, 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, GBC Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Greyrock shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. *TEN

Appears in 1 contract

Samples: Loan and Security Agreement (Marcam Solutions Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 reasonablereasonable *: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five ** days before 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 GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. * WITH RESPECT TO SUCH ASPECTS OF SUCH SALE ** TEN

Appears in 1 contract

Samples: Loan and Security Agreement (First Virtual Communications Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBC, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.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, GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC 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 (Sa Telecommunications Inc /De/)

Standards for Determining Commercial Reasonableness. The Borrower and GBC Silicon 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 the Borrower at least seven * days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven * days before 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 GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. GBC shall be free to Silicon may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. * TEN

Appears in 1 contract

Samples: Loan and Security Agreement (Emulex Corp /De/)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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-non- specific terms; (iii) The sale is conducted at a place designated by GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon shall be free to employ other methods of noticing and selling the -50- SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT -------------------------------------------------------------------------------- Collateral, in its discretion, if they are commercially reasonable.

Appears in 1 contract

Samples: Loan and Security Agreement (Hathaway Corp)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten (10) days before 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 accurate, general, non-specific terms; (iii) The sale is conducted at a place designated by GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon 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 (Aspen Technology Inc /De/)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven least* days prior to the sale, and, in the case of a public sale, notice of the sale is is, published at least seven least* days before 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 GBCSilicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. *TEN (10)

Appears in 1 contract

Samples: Loan and Security Agreement (Digirad Corp)

Standards for Determining Commercial Reasonableness. Borrower Debtor and GBC 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 Debtor at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten days before 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 GBC, 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, GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower Debtor any and all information concerning the same. GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, Debtor recognizes that GBC may be unable to make a public sale of any or all of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale to a restricted group of purchasers for investment and not with a view to any distribution thereof shall be considered a commercially reasonable sale.

Appears in 1 contract

Samples: Security Agreement (Quarterdeck Corp)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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-non- specific terms; (iii) The sale is conducted at a place designated by GBCSilicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon 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 (LTX Corp)

Standards for Determining Commercial Reasonableness. The Borrower and GBC Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will shall conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to the Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 Collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. GBC shall be free to Silicon may 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 (Metro One Telecommunications Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCSilicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.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 sale of any of the Collateral, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon 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 (Lightspan Partnership Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC 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 seven days ** prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBC, 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*, GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC shall be free to employ other methods of noticing and selling the Collateral*, in its discretion, if they are commercially reasonable.. *EQUIPMENT **BUSINESS DAYS

Appears in 1 contract

Samples: Loan and Security Agreement (Qad Inc)

Standards for Determining Commercial Reasonableness. The Borrower and GBC Silicon 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 the Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 Collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. GBC shall be free to Silicon may 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 (Advanced Power Technology Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before 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 GBCSilicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; and (vi) With respect to any sale of any of the Collateral, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon 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 (Animas Corp)

Standards for Determining Commercial Reasonableness. Borrower and GBC Greyrock agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively conclu-sively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCGreyrock, 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, GBC Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Greyrock shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. 7.4

Appears in 1 contract

Samples: Loan and Security Agreement (Level 8 Systems Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC the Bank 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 at least seven ten days prior to the saleSale, and, and in the case of a public sale, Sale notice of the sale Sale is published at least seven five days before 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 in general, non-specific terms; (iii) The sale the Sale is conducted at a place designated by GBCthe Bank, 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.mp.m., local time; (v) Payment of the purchase price is paid in cash or by cashier's check or wire transfer is requiredtransfer; and (vi) With with respect to any sale Sale of any of the Collateral, GBC the Bank may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC The Bank 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 (Critical Path Inc)

Standards for Determining Commercial Reasonableness. The Borrower and GBC Silicon agree that a sale Sale or other disposition (collectively, "saleSale") of any Collateral which complies with the following standards will shall conclusively be deemed to be commercially reasonable: (ia) Notice notice of the sale Sale is given to the Borrower at least seven 10 days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least seven 10 days before the sale Sale in a newspaper of general circulation in the county where the sale Sale is to be conducted; (iib) Notice notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (iiic) The sale the Sale is conducted at a place designated by GBCSilicon, with or without the Collateral being present; (ivd) The sale the Sale commences at any time between 8:00 a.m. and 6:00 p.m; (ve) Payment payment of the purchase price in cash or by cashier's check or wire transfer is required; (vif) With with respect to any sale Sale of any of the Collateral, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. GBC shall be free to Silicon may 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 (Rogue Wave Software Inc /Or/)

Standards for Determining Commercial Reasonableness. The Borrower and GBC Silicon 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 the Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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-non- specific terms; (iii) The sale is conducted at a place designated by GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. GBC shall be free to Silicon may 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 (Netvantage Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Coast 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCCoast, 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, GBC Coast may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Coast 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 (Delphi Information Systems Inc /De/)

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Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 least* seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven least* days before 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 GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. *10 **AND

Appears in 1 contract

Samples: Loan and Security Agreement (Verso Technologies Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Greyrock 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCGreyrock, 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, GBC Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Greyrock 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 (Level 8 Systems Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards and applicable law will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon 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 (Terayon Communication Systems)

Standards for Determining Commercial Reasonableness. Borrower Debtor and GBC 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 Debtor at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBC, 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, GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower Debtor any and all information concerning the same. GBC 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: Security Agreement (Sa Telecommunications Inc /De/)

Standards for Determining Commercial Reasonableness. Borrower and GBC 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 seven * days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBC, 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, GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. * TEN

Appears in 1 contract

Samples: Loan and Security Agreement (Vixel Corp)

Standards for Determining Commercial Reasonableness. Borrower and GBC REMINGTON agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively conclu­sively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCREMINGTON, 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 ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, GBC REMINGTON may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC REMINGTON 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 (Broadcaster Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven least* days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven least* days before 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 GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. *10 **AND

Appears in 1 contract

Samples: Loan and Security Agreement (Verso Technologies Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten days before 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 GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all alt information concerning the same. GBC Silicon 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 (Isilon Systems, Inc.)

Standards for Determining Commercial Reasonableness. Borrower and GBC 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 of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten days before 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 GBC, 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, GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC 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 (Cerplex Group Inc/De)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon shall be free to employ other methods of noticing and selling the Collateral, Collateral in its discretion, if they are commercially reasonable.

Appears in 1 contract

Samples: Loan and Security Agreement (Wireless Inc)

Standards for Determining Commercial Reasonableness. The Borrower and GBC Silicon 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 the Borrower at least seven * days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven * days before 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 nonspecific terms; (iii) The sale is conducted at a place designated by GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. GBC shall be free to Silicon may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. * TEN

Appears in 1 contract

Samples: Loan and Security Agreement (Emulex Corp /De/)

Standards for Determining Commercial Reasonableness. The Borrower and GBC Silicon agree that a sale or other disposition (collectively, "saleSale") of any Collateral which complies with the following standards will shall conclusively be deemed to be commercially reasonable: (ia) Notice notice of the sale Sale is given to the Borrower at least seven days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least seven days before the sale Sale in a newspaper of general circulation in the county where the sale Sale is to be conducted; (iib) Notice notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (iiic) The sale the Sale is conducted at a place designated by GBCSilicon, with or without the Collateral being present; (ivd) The sale the Sale commences at any time between 8:00 a.m. and 6:00 p.m; (ve) Payment payment of the purchase price in cash or by cashier's check or wire transfer is required; (vif) With with respect to any sale Sale of any of the Collateral, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. GBC shall be free to Silicon may 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 (Analogy Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon 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 (Globecomm Systems Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC Greyrock 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 of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCGreyrock, 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, GBC Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Greyrock 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 (Cobalt Group Inc)

Standards for Determining Commercial Reasonableness. Borrower and GBC PFG 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 seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before 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 GBCPFG, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.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, GBC PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC 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 (Qualmark Corp)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon agree that among other methods 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 seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before 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 GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon 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 (Inktomi Corp)

Standards for Determining Commercial Reasonableness. Borrower and GBC Silicon 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 seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBCSilicon, 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, GBC Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT --------------------------------------------------------------------------------

Appears in 1 contract

Samples: Loan and Security Agreement (Datawatch Corp)

Standards for Determining Commercial Reasonableness. Borrower and GBC 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 seven least* days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven least* days before 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 GBC, 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, GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. *TEN

Appears in 1 contract

Samples: Synquest Inc

Standards for Determining Commercial Reasonableness. Borrower and GBC 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 of the sale is given to Borrower at least seven * days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before 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 GBC, 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, GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. * TEN

Appears in 1 contract

Samples: Loan and Security Agreement (Firepond Inc)

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