Common use of Standards for Determining Commercial Reasonableness Clause in Contracts

Standards for Determining Commercial Reasonableness. Borrower and Coast agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Coast, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m (the time being that of the location of the sale); (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, Coast may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Coast shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and Coast 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: (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 CoastLender, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m (the time being that of the location of the sale)p.m., Central Time; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer transfer, or by deferred payment obligation acceptable to Lender in its discretion, is required; (vi) With respect to any sale of any of the Collateral, Coast Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Coast Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and Coast 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: (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 CoastLender, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m (the time being that of the location of the sale)p.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer transfer, or by deferred payment obligation acceptable to Lender in its discretion, is required; (vi) With respect to any sale of any of the Collateral, Coast Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Coast Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and Coast 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: (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 CoastLender, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m (the time being that of the location of the sale)p.m., Central Time; (v) Payment of the purchase price in cash or by cashier's check or wire transfer transfer, or by deferred payment obligation acceptable to Lender in its discretion, is required; (vi) With respect to any sale of any of the Collateral, Coast Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Coast Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and Coast Lender agree that a sale or other disposition (collectively, "sale"“Sale”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice notice of the sale Sale is given to Borrower Modiv or BrixInvest (as applicable) at least seven ten days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least seven five days before the sale date of the Sale in a newspaper of general circulation in the county where the sale Sale is to be conducted; (ii) Notice notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (iii) The sale the Sale is conducted at a place designated by CoastLender, 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 (the time being that of the location of the sale)p.m; (v) Payment payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With with respect to any sale Sale of any of the Collateral, Coast Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower Modiv or BrixInvest (as applicable) any and all information concerning the same. Coast Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and Coast Lender agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively conclu­sively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven 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 CoastLender, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m (the time being that of the location of the sale)p.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer transfer, or by deferred payment obligation acceptable to Lender in its discretion, is required; (vi) With respect to any sale of any of the Collateral, Coast Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Coast Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. Borrower and Coast 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: (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 CoastLender, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m (the time being that of the location of the sale)p.m., Central Time; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer transfer, or by deferred payment obligation acceptable to Lender in its discretion, is required; (vi) With respect to any sale of any of the Collateral, Coast Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Coast Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. Loan and Security Agreement

Standards for Determining Commercial Reasonableness. Borrower and Coast Lender agree that a sale or other disposition (collectively, "sale"“Sale”) of any Collateral by Lender (or by Borrower at Lender’s request) which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice notice of the sale Sale is given to Borrower at least seven ten days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least seven five days before the sale date of the Sale in a newspaper of general circulation in the county where the sale Sale is to be conducted; (ii) Notice notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (iii) The sale the Sale is conducted at a place designated by CoastLender, 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 (the time being that of the location of the sale)p.m.; (v) Payment payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With with respect to any sale Sale of any of the Collateral, Coast Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Coast Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.