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Common use of Standards for Determining Commercial Reasonableness Clause in Contracts

Standards for Determining Commercial Reasonableness. Borrower and Lxxxxx agree that any disposition, as defined in the Code (“disposition”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the disposition 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 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 disposition describes the Collateral in general, non-specific terms; (iii) The disposition is conducted at a place designated by Lender, with or without the Collateral being present; (iv) The disposition commences at any time between 8:00 a.m. and 6:00 p.m., Los Angeles time; and (v) With respect to any disposition of any of the Collateral, Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same.

Appears in 2 contracts

Samples: Loan Agreement (Snail, Inc.), Loan Agreement (Snail, Inc.)

Standards for Determining Commercial Reasonableness. Borrower and Lxxxxx ORIX agree that any dispositiona sale or other disposition (collectively, as defined in the Code (dispositionsale”) of any Collateral pursuant to Section 6.2 which complies with the following standards will be conclusively be deemed to be commercially reasonable: : (i) Notice notice of the disposition 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 ten (10) 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 disposition sale describes the Collateral collateral in general, non-specific terms; ; (iii) The disposition the sale is conducted at a place designated by LenderORIX, with or without the Collateral being present; ; (iv) The disposition the sale commences at any time between 8:00 a.m. and 6:00 p.m., Los Angeles time; and and (v) With with respect to any disposition sale of any of the Collateral, Lender ORIX may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. ORIX 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 (Aquaventure Holdings LLC)

Standards for Determining Commercial Reasonableness. Borrower and Lxxxxx agree that any dispositionA sale or other disposition (collectively, as defined in the Code (dispositionsale”) of any Collateral which that complies with the following standards will be conclusively be deemed to be commercially reasonable: : (i) Notice notice of the disposition sale is given to Borrower at least ten (10) seven calendar days prior to the sale, and, in the case of a public sale, notice of the sale is published at least ten (10) seven calendar 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 disposition sale describes the Collateral collateral in general, non-specific terms; ; (iii) The disposition the sale is conducted at a place designated by LenderCollateral Agent, with or without the Collateral being present; ; (iv) The disposition the sale commences at any time between 8:00 a.m. and 6:00 p.m., Los Angeles time; and and (v) With with respect to any disposition sale of any of the Collateral, Lender Collateral Agent may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Collateral Agent 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 (Angie's List, Inc.)