UCC Sale. In accordance with the Loan Documents, on July 24, 2018, the DIP Lender sent a Notice of Disposition of Collateral (the “UCC Sale”) for a sale of the GBG Claims pursuant to Article 9 of the New York Commercial Code scheduling an auction for August 3, 2018, and adjourning such auction to August 10, 2018.
UCC Sale. Aztore has the right to take possession and dispose of the Acquired Assets pursuant to the provisions of UCC 9-610 as adopted in Arizona and Nevada, as applicable. As of April 23, 2003, Aztore has given notice to, or obtained waiver of notice from, the Company and the creditors of the Company, including the Junior Secured Lenders as required under the provisions of UCC 9-610 as adopted in Arizona and Nevada, as applicable. At the Closing, title to the Acquired Assets will be transferred by Aztore to Aero free and clear of any lien, claim or encumbrance of Aztore , the Junior Secured Lenders or other secured or unsecured creditors of the Company. Aztore has no knowledge of any claims or encumbrances superior to its lien on the Acquired Assets not otherwise discharged or assumed hereunder or of any other defect of the Company's title to the Acquired Assets.
UCC Sale. Mortgagee may proceed under the Uniform Commercial Code as to all or any part of the Personalty, and in conjunction therewith may exercise all of the rights, remedies and powers of a secured creditor under the Uniform Commercial Code. When all time periods then legally mandated have expired, and after such notice of sale as may then be legally required has been given, Mortgagee may sell the Personalty at a public sale to be held at the time and place specified in the notice of sale. It shall be deemed commercially reasonable for the Mortgagee to dispose of the Personalty without giving any warranties as to the Personalty and specifically disclaiming all disposition warranties. Alternatively, Mortgagee may choose to dispose of some or all of the Secured Property, in any combination consisting of both personal property and real property, in one sale to be held in accordance with the law and procedures applicable to real property, as and to the extent permitted by Article 9 of the Uniform Commercial Code and other applicable law. Mxxxxxxxx agrees that such a sale of personal property together with real property constitutes a commercially reasonable sale of the personal property. With respect to any notices required or permitted under the Uniform Commercial Code, Mxxxxxxxx agrees that ten (10) days’ prior written notice shall be deemed commercially reasonable.
UCC Sale. Lender may proceed under the Uniform Commercial Code as to all or any part of the Personalty, and in conjunction therewith may exercise all of the rights, remedies and powers of a secured creditor under the Uniform Commercial Code. When all time periods then legally mandated have expired, and after such notice of sale as may then be legally required has been given, Lender or Trustee may sell the Personalty at a public sale to be held at the time and place specified in the notice of sale. It shall be deemed commercially reasonable for the Trustee to dispose of the Personalty without giving any warranties as to the Personalty and specifically disclaiming all disposition warranties. Alternatively, Lxxxxx may choose to dispose of some or all of the Secured Property, in any combination consisting of both personal property and real property, in one sale to be held in accordance with the law and procedures applicable to real property, as and to the extent permitted by Article 9 of the Uniform Commercial Code and other applicable law. agrees that such a sale of personal property together with real property constitutes a commercially reasonable sale of the personal property. With respect to any notices required or permitted under the Uniform Commercial Code, Trustor agrees that ten (10) days’ prior written notice shall be deemed commercially reasonable.
UCC Sale. Beneficiary may proceed under the Uniform Commercial Code as to all or any part of the Personalty, and in conjunction therewith may exercise all of the rights, remedies and powers of a secured creditor under the Uniform Commercial Code. When all time periods then legally mandated have expired, and after such notice of sale as may then be legally required has been given, Trustee may sell the Personalty at a public sale to be held at the time and place specified in the notice of sale. It shall be deemed commercially reasonable for the Trustee to dispose of the Personalty without giving any warranties as to the Personalty and specifically disclaiming all disposition warranties. Alternatively, Beneficiary may choose to dispose of some or all of the Secured Property, in
UCC Sale. Beneficiary may proceed under the Uniform Commercial Code as to all or any part of the Personalty, and in conjunction therewith may exercise all of the rights, remedies and powers of a secured creditor under the Uniform Commercial Code. When all time periods then legally mandated have expired, and after such notice of sale as may then be legally required has been given, Trustee may sell the Personalty at a public sale to be held at the time and place specified in the notice of sale. It shall be deemed commercially reasonable for the Trustee to dispose of the Personalty without giving any warranties as to the Personalty and specifically disclaiming all disposition warranties. Alternatively, Beneficiary may choose to dispose of some or all of the Secured Property, in any combination consisting of both personal property and real property, in one sale to be held in accordance with the law and procedures applicable to real property, as permitted by Article 9 of the Uniform Commercial Code. Gxxxxxx agrees that such a sale of personal property together with real property constitutes a commercially reasonable sale of the personal property. With respect to any notices required or permitted under the Uniform Commercial Code, Gxxxxxx agrees that ten (10) days’ prior written notice shall be deemed commercially reasonable.
