Standards for Determining Commercial Reasonableness. Borrower and 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: (a) 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; (b) notice of the sale describes the collateral in general, non-specific terms; (c) the sale is conducted at a place designated by Bank, with or without the Collateral being present; (d) the sale commences at any time between 8:00 a.m. and 6:00 p.m; (e) payment of the purchase price in cash or by cashier’s check or wire transfer is required; and (f) with respect to any sale of any of the Collateral, Bank may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Bank 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 (Redback Networks Inc), Loan and Security Agreement (Fiberstars Inc /Ca/), Loan and Security Agreement (Redback Networks Inc)
Standards for Determining Commercial Reasonableness. Borrower and Bank PFG agree that a sale or other disposition (collectively, “Salesale”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (ai) notice 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; (bii) notice Notice of the sale describes the collateral in general, non-specific terms; (ciii) the The sale is conducted at a place designated by BankPFG, with or without the Collateral being present; (div) the The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (ev) payment Payment of the purchase price in cash or by cashier’s check or wire transfer is required; and (fvi) with With respect to any sale of any of the Collateral, Bank PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Bank PFG 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 (Cardiovascular Systems Inc), Loan and Security Agreement (Composite Technology Corp)
Standards for Determining Commercial Reasonableness. Borrower and Bank Silicon 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: (ai) 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; (bii) notice Notice of the sale describes the collateral in general, non-specific terms; (ciii) the The sale is conducted at a place designated by BankSilicon, with or without the Collateral being present; (div) the The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m. (in the time zone where collateral is located); (ev) payment Payment of the purchase price in cash or by cashier’s check or wire transfer is required; and (fvi) with With respect to any sale of any of the Collateral, Bank Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Bank 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 (Endocardial Solutions Inc), Loan and Security Agreement (Endocardial Solutions Inc)
Standards for Determining Commercial Reasonableness. Borrower and Bank Lender agree that a sale or other disposition (collectively, “Salesale”) of any Collateral which complies with the following standards will be conclusively be deemed to be commercially reasonable: (ai) 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; (bii) notice of the sale describes the collateral in general, non-specific terms; (ciii) the sale is conducted at a place designated by BankLender, with or without the Collateral being present; (div) the sale commences at any time between 8:00 a.m. and 6:00 p.m; (e) payment of the purchase price in cash or by cashier’s check or wire transfer is requiredp.m.; and (fv) with respect to any sale of any of the Collateral, Bank Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Bank Lender 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 (Shotspotter, Inc), Loan and Security Agreement (Shotspotter, Inc)
Standards for Determining Commercial Reasonableness. Borrower and Bank Lender agree that a sale or other disposition (collectively, “Sale”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (ai) 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; (bii) notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (ciii) the sale Sale is conducted at a place designated by BankLender, with or without the Collateral being present; (div) the sale Sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (ev) payment of the purchase price in cash or by cashier’s check or wire transfer is required; and (fvi) with respect to any sale Sale of any of the Collateral, Bank Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Bank Lender 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, Loan and Security Agreement (Nlight, Inc.)
Standards for Determining Commercial Reasonableness. Borrower and Bank PFG agree that a sale or other disposition (collectively, “Salesale”) of any Collateral which complies with the following standards will conclusively conclusively be deemed to be commercially reasonable: (ai) 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; (bii) notice Notice of the sale describes the collateral in general, non-specific terms; (ciii) the The sale is conducted at a place designated by BankPFG, with or without the Collateral being present; (div) the The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (ev) payment Payment of the purchase price in cash or by cashier’s check or wire transfer is required; and (fvi) with With respect to any sale of any of the Collateral, Bank PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Bank PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Photonix Inc)
Standards for Determining Commercial Reasonableness. Borrower and Bank PFG agree that a sale or other disposition (collectively, “Salesale”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (ai) 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 ten days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (bii) notice Notice of the sale describes the collateral in general, non-specific terms; (ciii) the The sale is conducted at a place designated by BankPFG, with or without the Collateral being present; (div) the The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (ev) payment Payment of the purchase price in cash or by cashier’s check or wire transfer is required; and (fvi) with With respect to any sale of any of the Collateral, Bank PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Bank PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Bank 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: :
(a) notice a 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; ;
(b) notice b Notice of the sale describes the collateral in general, non-specific terms; ;
(c) the c The sale is conducted at a place designated by BankLender, with or without the Collateral being present; (d) the d The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m. local time at the location where the Collateral is to be sold; (e) payment e Payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; and (f) with f With respect to any sale of any of the Collateral, Bank Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Bank Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Netlojix Communications Inc)
Standards for Determining Commercial Reasonableness. Borrower and 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: (a) 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; (b) notice of the sale describes the collateral in general, non-specific terms; (c) the sale is conducted at a place designated by Bank, with or without the Collateral being present; (d) the sale commences at any time between 8:00 a.m. and 6:00 p.m; (e) payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; and (f) with respect to any sale of any of the Collateral, Bank may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Bank shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
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Standards for Determining Commercial Reasonableness. The Borrower and Bank Silicon agree that a sale Sale or other disposition (collectively, “"Sale”") of any Collateral which complies with the following standards will shall conclusively be deemed to be commercially reasonable: (a) 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; (b) notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (c) the sale Sale is conducted at a place designated by BankSilicon, with or without the Collateral being present; (d) the sale Sale commences at any time between 8:00 a.m. and 6:00 p.m; (e) payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; and (f) with respect to any sale Sale of any of the Collateral, Bank Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Bank shall be free to Silicon may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (U S Online Communications Inc)
Standards for Determining Commercial Reasonableness. Borrower Debtor and Bank 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: (ai) notice 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; (bii) notice Notice of the sale describes the collateral in general, non-specific nonspecific terms; (ciii) the The sale is conducted at a place designated by BankGreyrock, with or without the Collateral being present; (div) the The sale commences at any time between 8:00 a.m. and 6:00 p.m; (ev) payment Payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; and (fvi) with With respect to any sale of any of the Collateral, Bank Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower Debtor any and all information concerning the same. Bank Greyrock shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Security Agreement (Petopia Com Inc)
Standards for Determining Commercial Reasonableness. Borrower and Bank Silicon 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: :
(ai) notice 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; (bii) notice Notice of the sale describes the collateral in general, non-specific terms; (ciii) the The sale is conducted at a place designated by BankSilicon, with or without the Collateral being present; (div) the The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m. local time at the place where the sale is to occur; (ev) payment Payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; and (fvi) with With respect to any sale of any of the Collateral, Bank Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Bank Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
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