Common use of Standards for Exercising Remedies Clause in Contracts

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable for the Lender: 14.1. To not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.2. To fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. To fail to exercise collection remedies against Account Debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. To exercise collection remedies against Account Debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. To advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.6. To hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. To dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. To dispose of assets in wholesale rather than retail markets; 14.9. To disclaim all disposition warranties; or 14.10. To purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of Collateral. 14.11. Borrower acknowledges that the purpose of this Section 14 is to provide non-exhaustive indications of what actions or omissions by the Lender would not be commercially unreasonable in the Lender’s exercise of remedies against the Collateral and that other actions or omissions by the Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower or to impose any duties on the Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 14.

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable for the Lender: 14.1. 14.1 To not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work Work in process Process into finished goods Finished Goods or other finished products for disposition; 14.2. 14.2 To fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third third-party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. 14.3 To fail to exercise collection remedies against Account Debtors or other any persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. 14.4 To exercise collection remedies against Account Debtors and other any persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. 14.5 To advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.6. 14.6 To hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. 14.7 To dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. 14.8 To dispose of assets in wholesale rather than retail markets; 14.9. 14.9 To disclaim all disposition warranties; or 14.10. 14.10 To purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of Collateral. 14.11. 14.11 Borrower acknowledges that the purpose of this Section 14 is to provide non-exhaustive indications of what actions or omissions by the Lender would not be commercially unreasonable in the Lender’s exercise of remedies against the Collateral and that other actions or omissions by the Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower or to impose any duties on the Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 14.

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Lender Versant to exercise remedies in a commercially reasonable manner, the Borrower Company acknowledges and agrees that it is not commercially unreasonable for the LenderVersant: 14.1. To (a) to not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.2. To (b) to fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. To (c) to fail to exercise collection remedies against Account Debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. To (d) to exercise collection remedies against Account Debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. To (e) to advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.6. To (f) to hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. To (g) to dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. To (h) to dispose of assets in wholesale rather than retail markets; 14.9. To (i) to disclaim all disposition warranties; or 14.10. To (j) to purchase insurance or credit enhancements to insure the Lender Versant against risks of loss, collection or disposition of Collateral or to provide to the Lender Versant a guaranteed return from the collection or disposition of Collateral. 14.11. Borrower The Company acknowledges that the purpose of this Section 14 11 is to provide non-exhaustive indications of what actions or omissions by the Lender Versant would not be commercially unreasonable in the LenderVersant’s exercise of remedies against the Collateral and that other actions or omissions by the Lender Versant shall not be deemed commercially unreasonable solely on account of not being indicated in this SectionSection 11. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower Company or to impose any duties on the Lender Versant that would not have been granted or imposed by this Security Agreement or by applicable law in the absence of this Section 1411.

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable for the Lender: 14.115.1. To not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.215.2. To fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.315.3. To fail to exercise collection remedies against Account Debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.415.4. To exercise collection remedies against Account Debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.515.5. To advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.615.6. To hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.715.7. To dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.815.8. To dispose of assets in wholesale rather than retail markets; 14.915.9. To disclaim all disposition warranties; or 14.1015.10. To purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of Collateral. 14.1115.11. Borrower acknowledges that the purpose of this Section 14 15 is to provide non-exhaustive indications of what actions or omissions by the Lender would not be commercially unreasonable in the Lender’s 's exercise of remedies against the Collateral and that other actions or omissions by the Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower or to impose any duties on the Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 1415.

Standards for Exercising Remedies. 6.1 To the extent that applicable law imposes duties on the Lender Purchaser to exercise remedies in a commercially reasonable manner, the Borrower Seller acknowledges and agrees that it is not commercially unreasonable for the LenderPurchaser: 14.1. 6.1.1 To not incur expenses to prepare Collateral Seller’s Inventory for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.2. 6.1.2 To fail to obtain third party consents for access to Collateral the Eligible Inventory to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral the Eligible Inventory to be collected or disposed of; 14.3. To fail to exercise collection remedies against Account Debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. To exercise collection remedies against Account Debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. 6.1.3 To advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.6. 6.1.4 To hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. 6.1.5 To dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. 6.1.6 To dispose of assets in wholesale rather than retail markets; 14.9. 6.1.7 To disclaim all disposition warranties; or 14.10. 6.1.8 To purchase insurance or credit enhancements to insure the Lender Purchaser against risks of loss, collection or disposition of Collateral or to provide to the Lender Purchaser a guaranteed return from the collection or disposition of Collateral. 14.11. Borrower 6.2 Seller acknowledges that the purpose of this Section 14 6 is to provide non-non exhaustive indications of what actions or omissions by the Lender Purchaser would not be commercially unreasonable in the LenderPurchaser’s exercise of remedies against the Collateral and that other actions or omissions by the Lender Purchaser shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower Seller or to impose any duties on the Lender Purchaser that would not have been granted or imposed by this Agreement Addendum or by applicable law in the absence of this Section 14.6

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Lender Secured Party to exercise remedies in a commercially reasonable manner, the Borrower Debtor acknowledges and agrees that it is not commercially unreasonable for the LenderSecured Party: 14.1. 15.1 To not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.2. 15.2 To fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. 15.3 To fail to exercise collection remedies against Account Debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. 15.4 To exercise collection remedies against Account Debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. 15.5 To advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.6. 15.6 To hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. 15.7 To dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. 15.8 To dispose of assets in wholesale rather than retail markets; 14.9. 15.9 To disclaim all disposition warranties; or 14.10. 15.10 To purchase insurance or credit enhancements to insure the Lender Secured Party against risks of loss, collection or disposition of Collateral or to provide to the Lender Secured Party a guaranteed return from the collection or disposition of Collateral. 14.11. Borrower 15.11 Debtor acknowledges that the purpose of this Section 14 15 is to provide non-exhaustive indications of what actions or omissions by the Lender Secured Party would not be commercially unreasonable in the LenderSecured Party’s exercise of remedies against the Collateral and that other actions or omissions by the Lender Secured Party shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower Debtor or to impose any duties on the Lender Secured Party that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 1415.

Standards for Exercising Remedies. To 11.1. to the extent that applicable law imposes duties on the Lender Secured Party to exercise remedies in a commercially reasonable manner, the Borrower Debtor acknowledges and agrees that it is not commercially unreasonable for the LenderSecured Party: 14.111.1.1. To to not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.211.1.2. To to fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.311.1.3. To to fail to exercise collection remedies against Account Debtors account debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.411.1.4. To to exercise collection remedies against Account Debtors account debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.511.1.5. To to advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.611.1.6. To to hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.711.1.7. To to dispose of Collateral by using utilizing Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.811.1.8. To to dispose of assets in wholesale rather than retail markets; 14.911.1.9. To to disclaim all disposition warranties; or; 14.1011.1.10. To to purchase insurance or credit enhancements to insure the Lender Secured Party against risks of loss, collection or disposition of Collateral or to provide to the Lender Secured Party a guaranteed return from the collection or disposition of Collateral.; 14.1111.2. Borrower The Debtor acknowledges that the purpose of this Section 14 11 is to provide non-exhaustive indications of what actions or omissions by the Lender secured Party would not be commercially unreasonable in the Lender’s Secured Party's exercise of remedies against the Collateral and that other actions or omissions by the Lender Secured Party shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower Debtor or to impose any duties on the Lender Secured Party that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 14Section.

Standards for Exercising Remedies. 11.1. To the extent that applicable law imposes duties on the Lender Secured Party to exercise remedies in a commercially reasonable manner, the Borrower Debtor acknowledges and agrees that it is not commercially unreasonable for the LenderSecured Party: 14.111.1.1. To to not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.211.1.2. To to fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.311.1.3. To to fail to exercise collection remedies against Account Debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.411.1.4. To to exercise collection remedies against Account Debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.511.1.5. To to advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.611.1.6. To to hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.711.1.7. To to dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.811.1.8. To to dispose of assets in wholesale rather than retail markets; 14.911.1.9. To to disclaim all disposition warranties; or 14.1011.1.10. To to purchase insurance or credit enhancements to insure the Lender Secured Party against risks of loss, collection or disposition of Collateral or to provide to the Lender Secured Party a guaranteed return from the collection or disposition of Collateral. 14.1111.2. Borrower The Debtor acknowledges that the purpose of this Section 14 11 is to provide non-exhaustive indications of what actions or omissions by the Lender Secured Party would not be commercially unreasonable in the Lender’s Secured Party's exercise of remedies against the Collateral and that other actions or omissions by the Lender Secured Party shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower Debtor or to impose any duties on the Lender Secured Party that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 14Section.

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable reasonable for the Lender: 14.115.1. To to not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.215.2. To to fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.315.3. To to fail to exercise collection remedies against Account Debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.415.4. To to exercise collection remedies against Account Debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.515.5. To to advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.615.6. To to hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.715.7. To to dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.815.8. To to dispose of assets in wholesale rather than retail markets; 14.915.9. To to disclaim all disposition warranties; or 14.1015.10. To to purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of Collateral. 14.1115.11. The Borrower acknowledges that the purpose of this Section 14 15 is to provide non-exhaustive indications of what actions or omissions by the Lender would not be commercially unreasonable in the Lender’s exercise of remedies against the Collateral and that other actions or omissions by the Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower or to impose any duties on the Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 1415.

Standards for Exercising Remedies. 14.1 To the extent that applicable law imposes duties on the Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable for the Lender: 14.1. To 14.2 to not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.2. To 14.3 to fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. To 14.4 to fail to exercise collection remedies against Account Debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. To 14.5 to exercise collection remedies against Account Debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. To 14.6 to advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.6. To 14.7 to hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. To 14.8 to dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. To 14.9 to dispose of assets in wholesale rather than retail markets; 14.9. To 14.10 to disclaim all disposition warranties; or 14.10. To 14.11 to purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of Collateral. 14.11. 14.12 Borrower acknowledges that the purpose of this Section 14 is to provide non-exhaustive indications of what actions or omissions by the Lender would not be commercially unreasonable in the Lender’s 's exercise of remedies against the Collateral and that other actions or omissions by the Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower or to impose any duties on the Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 14.

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable for the Lender: 14.1. 14.1 To not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.2. 14.2 To fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. 14.3 To fail to exercise collection remedies against Account Debtors or other any persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. 14.4 To exercise collection remedies against Account Debtors and other any persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. 14.5 To advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.6. 14.6 To hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. 14.7 To dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. 14.8 To dispose of assets in wholesale rather than retail markets; 14.9. 14.9 To disclaim all disposition warranties; or 14.10. 14.10 To purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of Collateral. 14.11. 14.11 Borrower acknowledges that the purpose of this Section 14 is to provide non-exhaustive indications of what actions or omissions by the Lender would not be commercially unreasonable in the Lender’s exercise of remedies against the Collateral and that other actions or omissions by the Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower or to impose any duties on the Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 14.

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable for the Lender: 14.1. To 14.1 to not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work Work in process Process into finished goods Finished Goods or other finished products for disposition; 14.2. To 14.2 to fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. To 14.3 to fail to exercise collection remedies against Account Debtors or other any persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. To 14.4 to exercise collection remedies against Account Debtors and other any persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. To 14.5 to advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.6. To 14.6 to hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. To 14.7 to dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. To 14.8 to dispose of assets in wholesale rather than retail markets; 14.9. To 14.9 to disclaim all disposition warranties; or 14.10. To 14.10 to purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of Collateral. 14.11. 14.11 Borrower acknowledges that the purpose of this Section 14 is to provide non-exhaustive indications of what actions or omissions by the Lender would not be commercially unreasonable in the Lender’s exercise of remedies against the Collateral and that other actions or omissions by the Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower or to impose any duties on the Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 14.

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Lender Versant to exercise remedies in a commercially reasonable manner, the Borrower Company acknowledges and agrees that it is not commercially unreasonable for the LenderVersant: 14.1. To (a) to not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.2. To (b) to fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. To (c) to fail to exercise collection remedies against Account Debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. To (d) to exercise collection remedies against Account Debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. To (e) to advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.6. To (f) to hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. To (g) to dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. To (h) to dispose of assets in wholesale rather than retail markets; 14.9. To (i) to disclaim all disposition warranties; or 14.10. To (j) to purchase insurance or credit enhancements to insure the Lender Versant against risks of loss, collection or disposition of Collateral or to provide to the Lender Versant a guaranteed return from the collection or disposition of Collateral. 14.11. Borrower The Company acknowledges that the purpose of this Section 14 11 is to provide non-exhaustive indications of what actions or omissions by the Lender Versant would not be commercially unreasonable in the Lender’s Versant's exercise of remedies against the Collateral and that other actions or omissions by the Lender Versant shall not be deemed commercially unreasonable solely on account of not being indicated in this SectionSection 11. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower Company or to impose any duties on the Lender Versant that would not have been granted or imposed by this Security Agreement or by applicable law in the absence of this Section 1411.

Standards for Exercising Remedies. To Borrower and Lenders agree that in exercising remedies provided by the extent that UCC or other applicable law imposes that impose duties on the Lender Lenders to exercise such remedies in a commercially reasonable manner, : (a) the Borrower acknowledges and agrees that it is Lenders shall not commercially unreasonable for the Lender: 14.1. To not be required to incur expenses incident to prepare the preparation of Collateral for disposition or otherwise to complete raw material or work if it is unlikely Lenders will recover such expenses in process into finished goods or other finished products for connection with the disposition; 14.2. To fail ; (b) the Lenders shall not be required to obtain any third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail shall not be required to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. To fail ; (c) Lenders may determine in its reasonable discretion whether to exercise collection remedies against Account Debtors either directly or other persons obligated on Collateral through collection agencies or to remove liens or encumbrances on or any adverse claims against the Collateral; 14.4. To exercise collection remedies against Account Debtors and ; (d) the Lenders shall not be required to privately contact other persons obligated on Collateral directly potential acquirers of the Collateral, to retain an auctioneer for public sale or through procure the use services of collection agencies and other collection specialists; 14.5. To advertise dispositions of Collateral through publications or media of general circulationprofessionals; (e) Lenders may utilize internet auction sites, whether or not (f) Lenders may offer the Collateral is of a specialized nature; 14.6. To hire one for sale in its entirely or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. To dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. To dispose of assets in wholesale rather than retail markets; 14.9. To as divisible units; (g) Lenders may disclaim all disposition warranties, including, without limitation, any warranties of title; or 14.10. To and (h) Lenders may, at their sole expense, purchase insurance or credit enhancements to insure the Lender Lenders against risks of loss, collection or disposition of Collateral or to provide to the Lender Lenders a guaranteed return from the collection or disposition of Collateral. 14.11. The Borrower acknowledges that the purpose of this Section 14 is to provide non-exhaustive indications of what actions or omissions by the Lender Lenders would not be commercially unreasonable reasonable in the Lender’s Lenders’ exercise of remedies against the Collateral and that other actions or omissions by the Lender Lenders shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein in this Section shall be construed to grant any rights to the Borrower or to impose any duties on the Lender Lenders that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 14Section.

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the NT Senior Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable for the Lender: 14.1. To not NT Senior Lender (a) to fail to incur expenses reasonably deemed significant by NT Senior Lender to prepare Collateral for disposition or otherwise disposition, (b) to complete raw material or work in process into finished goods or other finished products for disposition; 14.2. To fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. To , (c) to fail to exercise collection remedies against Account Debtors Borrower or other persons Persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. To , (d) to exercise collection remedies against Account Debtors Borrower and other persons Persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. To advertise dispositions of Collateral through publications or media of general circulation, (e) to contact other Persons, whether or not in the Collateral is same business as Borrower, for expressions of a specialized nature; 14.6. To hire one interest in acquiring all or more professional auctioneers any portion of the Collateral, (f) to provide credit terms to potential purchasers to facilitate the sale of the Collateral, or (g) to the extent deemed appropriate by NT Senior Lender, to obtain the services of other brokers, investment bankers, consultants and other professionals to assist NT Senior Lender in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. To dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. To dispose of assets in wholesale rather than retail markets; 14.9. To disclaim all disposition warranties; or 14.10. To purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of any of the Collateral. 14.11. Borrower acknowledges that the purpose of this Section 14 8.3 is to provide non-exhaustive indications of what actions or omissions by the NT Senior Lender would not be commercially unreasonable in the NT Senior Lender’s exercise of remedies against the Collateral and that other actions or omissions by the NT Senior Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this SectionSection 8.3. Without limitation upon the foregoing, nothing contained herein in this Section 8.3 shall be construed to grant any rights to the Borrower or to impose any duties on the NT Senior Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 148.3.

Standards for Exercising Remedies. 13.1. To the extent that applicable law imposes duties on the Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable for the Lender: 14.113.2. To to not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.213.3. To to fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.313.4. To to fail to exercise collection remedies against Account Debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.413.5. To to exercise collection remedies against Account Debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.513.6. To to advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.613.7. To to hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.713.8. To to dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.813.9. To to dispose of assets in wholesale rather than retail markets; 14.913.10. To to disclaim all disposition warranties; or 14.1013.11. To to purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of Collateral. 14.1113.12. The Borrower acknowledges that the purpose of this Section 14 0 is to provide non-exhaustive indications of what actions or omissions by the Lender would not be commercially unreasonable in the Lender’s exercise of remedies against the Collateral and that other actions or omissions by the Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower or to impose any duties on the Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 14Section.0.

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable for the Lender: 14.1. 14.1 To not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.2. 14.2 To fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. 14.3 To fail to exercise collection remedies against Account Debtors or other persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. 14.4 To exercise collection remedies against Account Debtors and other persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. 14.5 To advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.6. 14.6 To hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. 14.7 To dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. 14.8 To dispose of assets in wholesale rather than retail markets; 14.9. 14.9 To disclaim all disposition warranties; or 14.10. 14.10 To purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of Collateral. 14.11. 14.11 Borrower acknowledges that the purpose of this Section 14 is to provide non-exhaustive indications of what actions or omissions by the Lender would not be commercially unreasonable in the Lender’s exercise of remedies against the Collateral and that other actions or omissions by the Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower or to impose any duties on the Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 14.

Standards for Exercising Remedies. 14.1. To the extent that applicable law Applicable Law imposes duties on the Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that that: 14.1.1. Lender’s exercise of its standard practices in connection with the Collateral shall be presumed to be commercially reasonable, 14.1.2. notice to Borrower of any action (other than acceleration of the Termination Date, which shall require no notice) on at least ten (10) days’ notice shall be commercially reasonable, and 14.1.3. it is not commercially unreasonable reasonable for the Lender: 14.114.1.3.1. To not to incur expenses for the account of Borrower to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition; 14.214.1.3.2. To fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental Governmental Authority or third party Person consents for the collection or disposition of Collateral to be collected or disposed of; 14.314.1.3.3. To fail to exercise collection remedies against Account Debtors or other persons Persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.414.1.3.4. To to exercise collection remedies against Account Debtors and other persons Persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.514.1.3.5. To to advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.614.1.3.6. To to hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.714.1.3.7. To to dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.814.1.3.8. To to dispose of assets in wholesale rather than retail markets; 14.914.1.3.9. To to disclaim all disposition warranties; orand 14.1014.1.3.10. To to purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of Collateral, and provided further, that nothing in this Agreement shall impose any duty of Lender to do any of the foregoing. 14.1114.2. The Borrower acknowledges that the purpose of this Section 14 is to provide non-exhaustive indications of what actions or omissions by the Lender would not be commercially unreasonable in the Lender’s exercise of remedies against the Collateral and that other actions or omissions by the Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower or to impose any duties on the Lender that would not have been granted or imposed by this Agreement or by applicable law Applicable Law in the absence of this Section 14.

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Subordinate Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable for the Lender: 14.1. To not Subordinate Lender (a) to fail to incur expenses reasonably deemed significant by Subordinate Lender to prepare Collateral for disposition or otherwise disposition, (b) to complete raw material or work in process into finished goods or other finished products for disposition; 14.2. To fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. To , (c) to fail to exercise collection remedies against Account Debtors Borrower or other persons Persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. To , (d) to exercise collection remedies against Account Debtors Borrower and other persons Persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. To advertise dispositions of Collateral through publications or media of general circulation, (e) to contact other Persons, whether or not in the Collateral is same business as Borrower, for expressions of a specialized nature; 14.6. To hire one interest in acquiring all or more professional auctioneers any portion of the Collateral, (f) to provide credit terms to potential purchasers to facilitate the sale of the Collateral, or (g) to the extent deemed appropriate by Subordinate Lender, to obtain the services of other brokers, investment bankers, consultants and other professionals to assist Subordinate Lender in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. To dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. To dispose of assets in wholesale rather than retail markets; 14.9. To disclaim all disposition warranties; or 14.10. To purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of any of the Collateral. 14.11. Borrower acknowledges that the purpose of this Section 14 8.3 is to provide non-non- exhaustive indications of what actions or omissions by the Subordinate Lender would not be commercially unreasonable in the Subordinate Lender’s exercise of remedies against the Collateral and that other actions or omissions by the Subordinate Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this SectionSection 8.3. Without limitation upon the foregoing, nothing contained herein in this Section 8.3 shall be construed to grant any rights to the Borrower or to impose any duties on the Subordinate Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 148.3.

Standards for Exercising Remedies. To the extent that applicable law imposes duties on the Lender to exercise remedies in a commercially reasonable manner, the Borrower acknowledges and agrees that it is not commercially unreasonable for the Lender: 14.1. 14.1 To not incur expenses to prepare Collateral for disposition or otherwise to complete raw material or work Work in process Process into finished goods Finished Goods or other finished products for disposition; 14.2. 14.2 To fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain governmental or third party consents for the collection or disposition of Collateral to be collected or disposed of; 14.3. 14.3 To fail to exercise collection remedies against Account Debtors or other any persons obligated on Collateral or to remove liens or encumbrances on or any adverse claims against Collateral; 14.4. 14.4 To exercise collection remedies against Account Debtors and other any persons obligated on Collateral directly or through the use of collection agencies and other collection specialists; 14.5. 14.5 To advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature; 14.6. 14.6 To hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature; 14.7. 14.7 To dispose of Collateral by using Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets; 14.8. 14.8 To dispose of assets in wholesale rather than retail markets; 14.9. 14.9 To disclaim all disposition warranties; or 14.10. 14.10 To purchase insurance or credit enhancements to insure the Lender against risks of loss, collection or disposition of Collateral or to provide to the Lender a guaranteed return from the collection or disposition of Collateral. 14.11. 14.11 Borrower acknowledges that the purpose of this Section 14 is to provide non-exhaustive indications of what actions or omissions by the Lender would not be commercially unreasonable in the Lender’s exercise of remedies against the Collateral and that other actions or omissions by the Lender shall not be deemed commercially unreasonable solely on account of not being indicated in this Section. Without limitation upon the foregoing, nothing contained herein shall be construed to grant any rights to the Borrower or to impose any duties on the Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 14.