Common use of Standards for Determining Commercial Reasonableness Clause in Contracts

Standards for Determining Commercial Reasonableness. Borrower and GC agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GC, 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, GC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, Borrower recognizes that GC may be unable to make a public sale of any or all of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale to a restricted group of purchasers for investment and not with a view to any distribution thereof shall * be considered a commercially **sale ***. *NOT **UNREASONABLE ***FOR SUCH REASON

Standards for Determining Commercial Reasonableness. Borrower Debtor and GC agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower Debtor at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GC, 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, GC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower Debtor any and all information concerning the same. GC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, Borrower Debtor recognizes that GC may be unable to make a public sale of any or all of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale to a restricted group of purchasers for investment and not with a view to any distribution thereof shall * be considered a commercially **sale ***. *NOT **UNREASONABLE ***FOR SUCH REASONreasonable sale.

Standards for Determining Commercial Reasonableness. Without limiting the standards that may be applicable to the enforcement of Security Instruments in any non-U.S. jurisdiction in which such Security Instruments may be enforced, Borrower and GC PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GCPFG, 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, GC PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GC PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, if Exigent Circumstances exist, Borrower recognizes and PFG agree that GC notice periods may be unable shorter than as set forth above and such shorter notice periods are commercially reasonable in Exigent Circumstances. Borrower further acknowledges and agrees that if PFG’s or third parties’ access to make Collateral is inhibited, restricted or denied, it shall be commercially reasonable for PFG to conduct a public sale of any or all Collateral under such circumstances even though the lack of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale access to Collateral would likely give rise to a restricted group sale price less than if parties had unfettered access to Collateral for purposes of purchasers conducting a sale. Partners for investment Growth Loan and not with a view to any distribution thereof shall * be considered a commercially **sale ***. *NOT **UNREASONABLE ***FOR SUCH REASONSecurity Agreement

Standards for Determining Commercial Reasonableness. Without limiting the standards that may be applicable to the enforcement of Security Instruments in any non-U.S. jurisdiction in which such Security Instruments may be enforced, Borrower and GC PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GCPFG, 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, GC PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GC PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, if Exigent Circumstances exist, Borrower recognizes and PFG agree that GC notice periods may be unable shorter than as set forth above and such shorter notice periods are commercially reasonable in Exigent Circumstances. Borrower further acknowledges and agrees that if PFG’s or third parties’ access to make Collateral is inhibited, restricted or denied, it shall be commercially reasonable for PFG to conduct a public sale of any or all Collateral under such circumstances even though the lack of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale access to Collateral would likely give rise to a restricted group sale price less than if parties had unfettered access to Collateral for purposes of purchasers for investment and not with conducting a view to any distribution thereof shall * be considered a commercially **sale ***. *NOT **UNREASONABLE ***FOR SUCH REASONsale.

Standards for Determining Commercial Reasonableness. Borrower and GC PFG agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively conclu-sively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five (5) days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral Collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GCPFG, 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, GC PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GC PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, if Exigent Circumstances exist, Borrower recognizes and PFG agree that GC notice periods may be unable shorter than as set forth above and such shorter notice periods are commercially reasonable in Exigent Circumstances. Borrower further acknowledges and agrees that if PFG's or third parties' access to make Collateral is inhibited, restricted or denied, it shall be commercially reasonable for PFG to conduct a public sale of any or all Collateral under such circumstances even though the lack of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale access to Collateral would likely give rise to a restricted group sale price less than if parties had unfettered access to Collateral for purposes of purchasers for investment and not with conducting a view to any distribution thereof shall * be considered a commercially **sale ***. *NOT **UNREASONABLE ***FOR SUCH REASONsale.

Standards for Determining Commercial Reasonableness. Borrower and GC GBC agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GCGBC, 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, GC GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GC GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, Borrower recognizes that GC GBC may be unable to make a public sale of any or all of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale to a restricted group of purchasers for investment and not with a view to any distribution thereof shall * be considered a commercially **sale ***. *NOT **UNREASONABLE ***FOR SUCH REASONreasonable sale.

Standards for Determining Commercial Reasonableness. Borrower and GC GBC agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GCGBC, 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, GC GBC may (but is not obligated tot") direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GC GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, Borrower recognizes that GC GBC may be unable to make a public sale of any or all of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale to a restricted group of purchasers for investment and not with a view to any distribution thereof shall * be considered a commercially **sale ***. *NOT **UNREASONABLE ***FOR SUCH REASONreasonable sale.

Standards for Determining Commercial Reasonableness. Borrower and GC PFG agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GCPFG, 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, GC PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GC PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, if Exigent Circumstances exist, Borrower recognizes and PFG agree that GC notice periods may be unable shorter than as set forth above and such shorter notice periods are commercially reasonable in Exigent Circumstances. Borrower further acknowledges and agrees that if PFG’s or third parties’ access to make Collateral is inhibited, restricted or denied, it shall be commercially reasonable for PFG to conduct a public sale of any or all Collateral under such circumstances even though the lack of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale access to Collateral would likely give rise to a restricted group sale price less than if parties had unfettered access to Collateral for purposes of purchasers for investment and not with conducting a view to any distribution thereof shall * be considered a commercially **sale ***. *NOT **UNREASONABLE ***FOR SUCH REASONsale.

Standards for Determining Commercial Reasonableness. Without limiting the standards that may be applicable to the enforcement of Security Instruments in any non-U.S. jurisdiction in which such Security Instruments may be enforced, Borrower and GC PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GCPFG, 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, GC PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GC PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, if Exigent Circumstances exist, Borrower recognizes and PFG agree that GC notice periods may be unable shorter than as set forth above and such shorter notice periods are commercially reasonable in Exigent Circumstances. Borrower further acknowledges and agrees that if PFG’s or third parties’ access to make Collateral is inhibited, restricted or denied, it shall be commercially reasonable for PFG to conduct a public sale of any or all Collateral under such circumstances even though the lack of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale access to Collateral would likely give rise to a restricted group sale price less than if parties had unfettered access to Collateral for purposes of purchasers conducting a sale. Partners for investment Growth Schedule to Loan and not with a view to any distribution thereof shall * be considered a commercially **sale ***. *NOT **UNREASONABLE ***FOR SUCH REASONSecurity Agreement

Standards for Determining Commercial Reasonableness. Borrower and GC agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven *days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven *days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GC, 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, GC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, Borrower recognizes that GC may be unable to make a public sale of any or all of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale to a restricted group of purchasers for investment and not with a view to any distribution thereof shall * be considered a commercially **sale ***reasonable sale. *NOT **UNREASONABLE ***FOR SUCH REASONTEN

Standards for Determining Commercial Reasonableness. Borrower and GC agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by GC, 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, GC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, Borrower recognizes that GC may be unable to make a public sale of any or all of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale to a restricted group of purchasers for investment and not with a view to any distribution thereof shall * be considered a commercially **sale ***. *NOT **UNREASONABLE ***FOR SUCH REASONreasonable sale.

Standards for Determining Commercial Reasonableness. Borrower and GC NBE 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 Borrower at least seven ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five (5) days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice notice of the sale describes the collateral in general, non-specific terms; (iii) The the sale is conducted at a place designated by GCNBE, with or without the Collateral being present; (iv) The the sale commences at any time between 8:00 a.m. and 6:00 p.m.p.m. U.S. Central time; (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, GC NBE may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. GC NBE shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable. Without limiting the generality of the foregoing, if Exigent Circumstances exist, Borrower recognizes and NBE agree that GC notice periods may be unable shorter than as set forth above and such shorter notice periods are commercially reasonable in Exigent Circumstances. Borrower further acknowledges and agrees that if NBE’s or third parties’ access to make Collateral is inhibited, restricted or denied, it shall be commercially reasonable for NBE to conduct a public sale of any or all Collateral under such circumstances even though the lack of the Investment Property, by reason of prohibitions contained in applicable securities laws or otherwise, and expressly agrees that a private sale access to Collateral would likely give rise to a restricted group sale price less than if parties had unfettered access to Collateral for purposes of purchasers for investment and not with conducting a view to any distribution thereof shall * be considered a commercially **sale ***. *NOT **UNREASONABLE ***FOR SUCH REASONsale.