Common use of Standards of Sale Clause in Contracts

Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the Obligor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 4 contracts

Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Security Agreement (Avery Berkel Holdings LTD)

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Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the Obligor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall will be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 3 contracts

Samples: Credit Agreement (Bway Parent Company, Inc.), Security Agreement (BWAY Holding CO), Security Agreement (Bway Corp)

Standards of Sale. Without prejudice to the ability of the Collateral Security Agent to dispose of the Collateral in any manner which is commercially reasonable, the Obligor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Security Agent, a Secured Creditor Finance Party or a customer of any such Person; (d) any sale conducted by the Collateral Security Agent shall will be at such time and place, on such notice and in accordance with such procedures as the Collateral Security Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Security Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Security Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 3 contracts

Samples: Security Agreement (Hertz Corp), Security Agreement (Hertz Corp), Security Agreement (Hertz Corp)

Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the Obligor Company acknowledges thatthat a disposition of Collateral by the Collateral Agent which takes place substantially in accordance with the following provisions shall be deemed to be commercially reasonable: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor Lender or a customer or client of any such Person; (d) any sale conducted by the Collateral Agent shall be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral; and (g) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Warnaco Group Inc /De/), Securities Pledge Agreement (Warnaco Group Inc /De/)

Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, each of the Obligor Obligors acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall will be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 2 contracts

Samples: Security Agreement (Johnstone Tank Trucking Ltd.), Security Agreement (Johnstone Tank Trucking Ltd.)

Standards of Sale. Without prejudice to the ability of the Collateral Agent Secured Party to dispose of the Collateral in any manner which is commercially reasonablereasonable manner, the Obligor Pledgor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor Party or a customer of any such Personthe Secured Party; (d) any sale conducted by the Collateral Agent shall Secured Party will be at such time and place, on such notice and in accordance with such procedures as the Collateral AgentSecured Party, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law Applicable Law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral AgentSecured Party, in its sole discretion, may deem advantageous; and (g) the Collateral Agent Secured Party may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 2 contracts

Samples: Fronting and Administration Agreement (Trupanion Inc.), Quota Share Reinsurance Agreement (Trupanion Inc.)

Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the each Obligor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor Party or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall will be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 2 contracts

Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)

Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the each Obligor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall will be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 2 contracts

Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)

Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the Obligor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor Party or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall will be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 2 contracts

Samples: Credit Agreement (Novelis South America Holdings LLC), Credit Agreement (Novelis South America Holdings LLC)

Standards of Sale. Without prejudice to the ability of the Collateral Agent Bank to dispose of the Collateral Securities in any other manner which is commercially reasonable, the Obligor Pledgor acknowledges thatthat a disposition of Securities by the Bank which takes place substantially in accordance with the following provisions shall be deemed to be commercially reasonable: (a) the Collateral Securities may be disposed of in whole or in part; (b) the Collateral Securities may be disposed of by public auctionsale, public tender private contract or private contractotherwise, with or without advertising and without any other formality, except as required by law; (c) if permitted by law, any assignee purchaser of such Collateral Securities may be the Collateral Agent, a Secured Creditor Bank or a customer of any such Personthe Bank; (d) any sale conducted by the Collateral Agent Bank shall be at such time and place, on such notice and in accordance with such procedures as the Collateral AgentBank, in its sole discretion, may deem advantageous; (e) the Collateral Securities may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including including, without limitation, compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the such prospective bidders and purchasers have certain qualifications, and restrict the such prospective bidders and purchasers to persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the CollateralSecurities) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral Securities may be on such terms and conditions as to credit or otherwise as the Collateral AgentBank, in its sole discretion, may deem advantageous; and (g) the Collateral Agent Bank may establish an upset or reserve bid or price in respect of the CollateralSecurities.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Rogers Corp), Securities Pledge Agreement (Rogers Corp)

Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the Obligor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor or a customer of any such Personperson; (d) any sale conducted by the Collateral Agent shall be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Avery Berkel Holdings LTD), Securities Pledge Agreement (Avery Berkel Holdings LTD)

Standards of Sale. Without prejudice to the ability of the Collateral Agent Secured Creditor to dispose of the Collateral in any manner which is commercially reasonable, the Obligor acknowledges that: : (a) the Collateral may be disposed of in whole or in part; ; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; ; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor or a customer of any such Person; ; (d) any sale conducted by the Collateral Agent shall Secured Creditor will be at such time and place, on such notice and in accordance with such procedures as the Collateral AgentSecured Creditor, in its sole discretion, may deem advantageous; ; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law Law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; ; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral AgentSecured Creditor, in its sole discretion, may deem advantageous; and and (g) the Collateral Agent Secured Creditor may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 1 contract

Samples: Security Agreement (Titan Medical Inc)

Standards of Sale. Without prejudice to the ability of the Collateral Agent Secured Creditor to dispose of the Collateral in any manner which is commercially reasonable, the Obligor Guarantor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall Secured Creditor will be at such time and place, on such notice and in accordance with such procedures as the Collateral AgentSecured Creditor, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral AgentSecured Creditor, in its sole discretion, may deem advantageous; and (g) the Collateral Agent Secured Creditor may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 1 contract

Samples: Security Agreement (Battle Mountain Gold Exploration Corp.)

Standards of Sale. Without prejudice to the ability of the Collateral Agent Lender to dispose of the Collateral Securities in any manner which is commercially reasonable, the Obligor Corporation acknowledges thatthat a disposition of Securities by the Lender which takes place substantially in accordance with the following provisions shall be deemed to be commercially reasonable: (a) the Collateral Securities may be disposed of in whole or in part; (b) the Collateral Securities may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor or a customer of any such Person; (d) any sale conducted by the Collateral Agent Lender shall be at such time and place, on such notice and in accordance with such procedures as the Collateral AgentLender, in its sole discretion, may deem advantageous; (ed) the Collateral Securities may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including including, without limitation, compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the CollateralSecurities) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (fe) a disposition of the Collateral Securities may be on such terms and conditions as to credit or otherwise as the Collateral AgentLender, in its sole discretion, may deem advantageous; and (gf) the Collateral Agent Lender may establish an upset or reserve bid or price in respect of the CollateralSecurities.

Appears in 1 contract

Samples: Share Pledge Agreement (Tarpon Industries, Inc.)

Standards of Sale. Without prejudice to the ability of the Collateral Agent Lender to dispose of the Collateral in any manner which is commercially reasonable, the Obligor Borrower acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor Lender or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall Lender will be at such time and place, on such notice and in accordance with such procedures as the Collateral AgentLender, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or officialGovernmental Entity; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral AgentLender, in its sole discretion, may deem advantageous; and (g) the Collateral Agent Lender may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 1 contract

Samples: Security Agreement (Gilla Inc.)

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Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the Obligor each Grantor acknowledges that, subject to the mandatory requirements of applicable law: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall will be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 1 contract

Samples: Canadian Guarantee and Collateral Agreement (API Technologies Corp.)

Standards of Sale. Without prejudice to the ability of the Canadian Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the Obligor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Canadian Collateral Agent, a another Canadian Secured Creditor Party or a customer of any such Personperson; (d) any sale conducted by the Canadian Collateral Agent shall be at such time and place, on such notice and in accordance with such procedures as the Canadian Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including including, without limitation, compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Canadian Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Canadian Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (United Rentals North America Inc)

Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the Obligor Grantor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor Party or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall will be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 1 contract

Samples: Canadian Security Agreement (Bombay Co Inc)

Standards of Sale. Without prejudice to the ability of the Collateral Agent FCC to dispose of the Collateral Securities in any manner which is commercially reasonable, the Obligor Guarantor acknowledges thatthat a disposition of Securities by FCC which takes place substantially in accordance with the following provisions shall be deemed to be commercially reasonable: (a) the Collateral Securities may be disposed of in whole or in part; (b) the Collateral Securities may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral Securities may be the Collateral Agent, a Secured Creditor or a customer of any such PersonFCC; (d) any sale conducted by the Collateral Agent FCC shall be at such time and place, on such notice and in accordance with such procedures as the Collateral AgentFCC, in its sole discretion, may deem advantageous; (e) the Collateral Securities may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including including, without limitation, compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the CollateralSecurities) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral Securities may be on such terms and conditions as to credit or otherwise as the Collateral AgentFCC, in its sole discretion, may deem advantageous; and (g) the Collateral Agent FCC may establish an upset or reserve bid or price in respect of the CollateralSecurities.

Appears in 1 contract

Samples: Securities Pledge Agreement (Anthony Clark International Insurance Brokers LTD)

Standards of Sale. Without prejudice to the ability of the Collateral Agent Lender to dispose of the Collateral in any manner which is commercially reasonable, the Obligor Borrower acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a Secured Creditor Lender or a customer of any such Personthe Lender; (d) any sale conducted by the Collateral Agent shall Lender will be at such time and place, on such notice and in accordance with such procedures as the Collateral AgentLender, in its sole discretionacting reasonably, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral AgentLender, in its sole discretionacting reasonably, may deem advantageous; and (g) the Collateral Agent Lender may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 1 contract

Samples: Promissory Note

Standards of Sale. Without prejudice to the ability of the Collateral Agent Holder to dispose of the Collateral Charged Premises in any manner which is commercially reasonable, the Obligor acknowledges that: (a) the Collateral Charged Premises may be disposed of in whole or in part; (b) the Collateral Charged Premises may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral the Charged Premises may be the Collateral Agent, a Secured Creditor or a customer of any such Personthe Holder; (d) any sale conducted by the Collateral Agent shall Holder will be at such time and place, on such notice and in accordance with such procedures as the Collateral AgentHolder, in its sole discretion, may deem advantageous; (e) the Collateral Charged Premises may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the CollateralCharged Premises) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral Charged Premises may be on such terms and conditions as to credit or otherwise as the Collateral AgentHolder, in its sole discretion, may deem deems advantageous; and (g) the Collateral Agent Holder may establish an upset or reserve bid or price in respect of the CollateralCharged Premises.

Appears in 1 contract

Samples: Purchase Agreement (Halo Resources LTD)

Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the Obligor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such the Collateral may be the Collateral Agent, a Secured Creditor or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall will be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral.

Appears in 1 contract

Samples: Note Purchase Agreement (Bellatrix Exploration Ltd.)

Standards of Sale. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the Obligor each Grantor acknowledges that: (a) the Collateral may be disposed of in whole or in part; (b) the Collateral may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee of such Collateral may be the Collateral Agent, a another Secured Creditor Party or a customer of any such Person; (d) any sale conducted by the Collateral Agent shall will be at such time and place, on such notice and in accordance with such procedures as the Collateral Agent, in its sole discretion, may deem advantageous; (e) the Collateral may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the Collateral) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a disposition of the Collateral may be on such terms and conditions as to credit or otherwise as the Collateral Agent, in its sole discretion, may deem advantageous; and; (g) the Collateral Agent may establish an upset or reserve bid or price in respect of the Collateral; and (h) The Collateral Agent may establish such terms as to credit or otherwise as the Collateral Agent may determine.

Appears in 1 contract

Samples: Abl Credit Agreement (Affinia Group Holdings Inc.)

Standards of Sale. Without prejudice to the ability of the Collateral Agent Enbridge to dispose of the Collateral Shares in any manner which is commercially reasonable, but subject to the Obligor terms of the Stockholder’s Agreement, the Corporation acknowledges that: (a) the Collateral Shares may be disposed of in whole or in part; (b) the Collateral Shares may be disposed of by public auction, public tender or private contract, with or without advertising and without any other formality; (c) any assignee Any transferee of such Collateral Shares may be the Collateral Agent, a Secured Creditor Enbridge or a customer of any such PersonEnbridge; (d) any Any sale conducted by the Collateral Agent Enbridge shall be at such time and place, on such notice and in accordance with such procedures as the Collateral AgentEnbridge, in its sole discretion, may deem advantageous; (e) the Collateral Shares may be disposed of in any manner and on any terms necessary to avoid violation of applicable law (including including, without limitation, compliance with such procedures as may restrict the number of prospective bidders and purchasers, require that the prospective bidders and purchasers have certain qualifications, and restrict the prospective bidders and purchasers to persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the distribution or resale of the CollateralShares) or in order to obtain any required approval of the disposition (or of the resulting purchase) by any governmental or regulatory authority or official; (f) a A disposition of the Collateral Shares may be on such terms and conditions as to credit or otherwise as the Collateral AgentEnbridge, in its sole discretion, may deem advantageous; and (g) the Collateral Agent Enbridge may establish an upset or reserve bid or price in respect of the CollateralShares.

Appears in 1 contract

Samples: Share Pledge Agreement (Fuelcell Energy Inc)

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