Common use of Standards for Determining Commercial Reasonableness Clause in Contracts

Standards for Determining Commercial Reasonableness. Borrower and 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 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 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 PFG, 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, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

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

Standards for Determining Commercial Reasonableness. Borrower and PFG 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: (ia) Notice 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 sale in a newspaper of general circulation in the county where the sale is to be conducted; (iib) Notice notice of the sale describes the collateral in general, non-specific terms; (iiic) The the sale is conducted at a place designated by PFGBank, with or without the Collateral being present; (ivd) The the sale commences at any time between 8:00 a.m. and 6:00 p.m.p.m; (ve) Payment payment of the purchase price in cash or by cashier’s check or wire transfer is required; and (vif) With with respect to any sale of any of the Collateral, PFG Bank may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Bank shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and PFG Multiplier 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 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 PFGMultiplier, 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, PFG Multiplier may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Multiplier shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower Borrower, Agent and PFG Lenders 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 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 sale date of the 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 PFGAgent, 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.; (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, PFG Agent may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Agent shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and PFG 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 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 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 PFGSilicon, 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. (in the time zone where collateral is located); (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, PFG Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and PFG 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 ten (10) 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 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 PFGSilicon in such notices, 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; and (vi) With respect to any sale of any of the Collateral, PFG Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and 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 ten (10) 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 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 PFG, 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, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

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

Standards for Determining Commercial Reasonableness. Borrower and 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 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 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 PFG, 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, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and PFG Lender 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 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 sale date of the 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 PFGLender, 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, PFG Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and PFG 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 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 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 PFG, 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, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and PFG 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 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 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 PFG, 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; and (vi) With respect to any sale of any of the Collateral, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower Borrower, Agent and PFG Lenders 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 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 sale date of the 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 PFGAgent, 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.; (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, PFG Agent may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Agent Certain information has been excluded from this agreement (indicated by “[***]”) because such information (i) is not material and (ii) would be competitively harmful if publicly disclosed. Exhibit 10.3 shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

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

Standards for Determining Commercial Reasonableness. Borrower and PFG 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 ten (10) 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 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 PFG, 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, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

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

Standards for Determining Commercial Reasonableness. Borrower and PFG Bank 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: (ia) Notice 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 sale in a newspaper of general circulation in the county where the sale is to be conducted; (iib) Notice notice of the sale describes the collateral in general, non-specific terms; (iiic) The the sale is conducted at a place designated by PFGBank, with or without the Collateral being present; (ivd) The the sale commences at any time between 8:00 a.m. and 6:00 p.m.p.m; (ve) Payment payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; and (vif) With with respect to any sale of any of the Collateral, PFG Bank may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Bank shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

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

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

Standards for Determining Commercial Reasonableness. The Borrower and PFG the Bank 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 notice of the sale is given to the Borrower at least ten seven days prior to the sale, and, and in the case of a public sale, notice of the sale is published at least five ten days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice notice of the sale describes the collateral in general, non-specific terms; (iii) The the sale is conducted at a place designated by PFGthe Bank, with or without the Collateral being present; (iv) The the sale commences at any time between 8:00 a.m. am 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 of any of the Collateral, PFG the Bank may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. PFG shall be free to The Bank may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

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

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

Standards for Determining Commercial Reasonableness. Borrower and PFG Lender 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 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 sale date of the 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 PFGLender, 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, PFG Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. Square 1 Bank Loan and Security Agreement

Standards for Determining Commercial Reasonableness. Borrower Debtor and 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 Debtor 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 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 PFG, 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, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower Debtor any and all information concerning the same. PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower Each Obligor and 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 such Obligor 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 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 PFG, 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, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower an Obligor any and all information concerning the same. PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and PFG Lender 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 sale date of the 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 PFGLender, 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 's check or wire transfer is required; (vi) With with respect to any sale Sale of any of the Collateral, PFG Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. 7.4

Standards for Determining Commercial Reasonableness. Borrower and 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 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 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 PFG, 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, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Subject to the rights of the Senior Lender, PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower Each Loan Party and PFG Lender 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 such Loan Party 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 sale date of the 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 PFGLender, 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, PFG 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. PFG Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and 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 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 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 PFG, 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 cheek or wire transfer is required; (vi) With respect to any sale of any of the Collateral, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Each Borrower and 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 such 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 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 PFG, 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, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from such Borrower any and all information concerning the same. PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and PFG 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 Silicon Valley Bank Loan and Security Agreement 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 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 PFGSilicon, 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, PFG Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and PFG Lender 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 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 sale date of the 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 PFGLender, 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.; (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, PFG Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. The Borrower and PFG Silicon agree that a sale or other disposition (collectively, “sale”"Sale") 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 ten seven days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least five seven days before the sale Sale in a newspaper of general circulation in the county country 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 the place designated by PFGSilicon, 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 's check or wire transfer is required; (vif) With with respect to any sale Sale of any of the Collateral, PFG Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. PFG shall be free to Silicon may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower Each Obligor and 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 such Obligor 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 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 PFG, 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, PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower an Obligor any and all information concerning the same. PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. Partners for Growth Loan and Security Agreement

Standards for Determining Commercial Reasonableness. Borrower Borrower, Agent and PFG Lenders agree that a sale or other disposition (collectively, “saleSale”) of any Collateral which complies with the following standards will conclusively conclu-sively 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 sale date of the 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 PFGAgent, 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.; (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, PFG Agent may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. PFG Agent shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.