Standards for Determining Commercial Reasonableness. Borrower and 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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 (P Com Inc), Loan and Security Agreement (P Com Inc), Loan and Security Agreement (U S Realtel Inc)
Standards for Determining Commercial Reasonableness. The Borrower and 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may 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 (Fleming Standish), Loan and Security Agreement (Broadcom Corp), Loan Agreement (Natural Gas Vehicle Systems Inc)
Standards for Determining Commercial Reasonableness. Borrower and 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 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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 (Cambridge Heart Inc), Loan and Security Agreement (Adexa Inc), Loan and Security Agreement (Truevision Inc)
Standards for Determining Commercial Reasonableness. The Borrower and 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may 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 (Truevision Inc), Loan Agreement (Natural Gas Vehicle Systems Inc)
Standards for Determining Commercial Reasonableness. Borrower and 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 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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: Standby Facility Agreement (Omnicell Inc /Ca/), Standby Facility Agreement (Omnicell Com /Ca/)
Standards for Determining Commercial Reasonableness. Borrower and 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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 (Zhone Technologies Inc), Loan and Security Agreement (Harmonic Inc)
Standards for Determining Commercial Reasonableness. Borrower and 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 (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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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 (Picis Inc), Loan and Security Agreement (Picis Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon 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 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 SiliconGreyrock, 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, Silicon Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon 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: Loan and Security Agreement (Software Technologies Corp/), Loan and Security Agreement (Software Technologies Corp/)
Standards for Determining Commercial Reasonableness. The Borrower and 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 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to 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 (Cascade Microtech Inc)
Standards for Determining Commercial Reasonableness. Borrower and 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 least* days prior to the sale, and, in the case of a public sale, notice of the sale is is, published at least five 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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
Standards for Determining Commercial Reasonableness. The Borrower and 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 Collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to 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 Silicon 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 ten seven (7) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least five seven (7) 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 SiliconCoast, with or without the Collateral being present; ;
(ivd) The sale commences at any time between 8:00 a.m. and 6:00 p.m.; 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, Silicon Coast may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon 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 (Ocean Optique Distributors Inc)
Standards for Determining Commercial Reasonableness. Borrower and 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 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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
Standards for Determining Commercial Reasonableness. Borrower and 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 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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 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 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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. The Borrower and 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 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 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 Silicon, 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.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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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
Standards for Determining Commercial Reasonableness. The Borrower and 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 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 Collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to 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 Silicon 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 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 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 Siliconthe 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.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, Silicon the Bank may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon 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
Standards for Determining Commercial Reasonableness. Borrower and Silicon 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 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 SiliconGreyrock, 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, Silicon Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon 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
Standards for Determining Commercial Reasonableness. Borrower and Silicon 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 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 SiliconGreyrock, 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, Silicon Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon 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
Standards for Determining Commercial Reasonableness. Borrower and 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 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all alt information concerning the same. 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
Standards for Determining Commercial Reasonableness. The Borrower and 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 ten 10 days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least five 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 Silicon, 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.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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to 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. Borrower and Silicon 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 ten seven (7) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least five seven (7) 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-non- specific terms; ;
(iiic) The sale is conducted at a place designated by SiliconCoast, with or without the Collateral being present; ;
(ivd) The sale commences at any time between 8:00 a.m. and 6:00 p.m.; 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, Silicon Coast may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon 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
Standards for Determining Commercial Reasonableness. Borrower and 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 (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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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 (Callidus Software Inc)
Standards for Determining Commercial Reasonableness. Borrower and 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 Silicon, with or without the Collateral being present; (iv) The sale commences at any time SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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
Standards for Determining Commercial Reasonableness. Borrower Debtor and 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower Debtor any and all information concerning the same. 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: Security Agreement (Quinton Cardiology Systems Inc)
Standards for Determining Commercial Reasonableness. Borrower and 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 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-non- specific terms; (iii) The sale is conducted at a place designated by Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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
Standards for Determining Commercial Reasonableness. The Borrower and 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-non- specific terms; (iii) The sale is conducted at a place designated by Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and 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 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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
Standards for Determining Commercial Reasonableness. Borrower and 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 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 Silicon, 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 sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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. The Borrower and 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 Silicon, 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 check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.all
Appears in 1 contract
Samples: Loan and Security Agreement (Kofax Image Products Inc)
Standards for Determining Commercial Reasonableness. The Borrower and 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 * 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. * TEN
Appears in 1 contract
Standards for Determining Commercial Reasonableness. The Borrower and Silicon 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 Siliconthe 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 check or wire transfer is required; (vi) With with respect to any sale of any of the Collateral, Silicon 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. Silicon shall be free to The Bank 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 (Student Advantage Inc)
Standards for Determining Commercial Reasonableness. Borrower and 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 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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 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 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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
Standards for Determining Commercial Reasonableness. The Borrower and 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 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 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 designed by Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to 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 (Oregon Baking Co Dba Marsee Baking)
Standards for Determining Commercial Reasonableness. Borrower and 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 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 Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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 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 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-non- specific terms; (iii) The sale is conducted at a place designated by Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. 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
Standards for Determining Commercial Reasonableness. The Borrower and 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 * 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 nonspecific terms; (iii) The sale is conducted at a place designated by Silicon, 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, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. * TEN
Appears in 1 contract
