Foreclosure Sales. For any sale under the power of sale granted by this Mortgage, the Mortgagee shall give all notices required by law, and upon the expiration of such time as is required by law, the Mortgagee may sell the Mortgaged Property upon any terms and conditions permitted by applicable law. The Mortgagee may postpone any sale by public announcement at the time and place noticed for the sale. If the Mortgaged Property consists of several lots or parcels, the Mortgagee in its discretion may sell such lots or parcels separately in any order of sale or may elect to sell all of them as an entirety, and the Mortgagor hereby waives its rights, if any, to require that said lots or parcels be sold separately. Any person, including the Mortgagee and the Mortgagor, may purchase at any such sale.
Foreclosure Sales. (a) Without limiting the provisions of SECTION 5.1, Agent may, following the occurrence and during the continuance of an Event of Default, without notice except as specified below, and to the extent permitted under applicable law, sell the Pledged Collateral or any part thereof in one or more transactions at public or private sale, for cash or property and at such price or prices and upon such other terms as Agent may deem commercially reasonable, irrespective of the impact of any of such sales on the value of any of the Pledged Collateral. To the extent permitted under applicable law, Agent may be the purchaser of any or all of the Pledged Collateral at any such sale. Each purchaser at any such sale shall hold the property sold absolutely free from any claim or right on the part of Pledgor, and Pledgor hereby waives (to the extent permitted by law) all rights of redemption, stay and/or appraisal which it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. Agent shall not be obligated to make any sale with respect to the Pledged Collateral regardless of a notice of sale having been given. Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned.
Foreclosure Sales. (i) Pledgor specifically understands and agrees that any sale by the Collateral Agent of all or part of the Collateral pursuant to the terms of this Agreement may be effected by the Collateral Agent at times and in manners which could result in the proceeds of such sale as being significantly and materially less than what might have been received if such sale had occurred at different times or in different manners, and Pledgor hereby releases the Collateral Agent, the Optionees and their officers and representatives and Related Parties from and against any and all obligations and liabilities arising out of or related to the timing or manner of any such sale. If, in the opinion of the Collateral Agent, there is any question that a public sale or distribution of any Collateral will violate any state or federal securities law, the Collateral Agent may offer and sell such Collateral in a transaction exempt from registration under federal securities law, and any such sale made in good faith by the Collateral Agent shall be deemed “commercially reasonable.” Furthermore, Pledgor acknowledges that any such restricted or private sales may be at prices and on terms less favorable to Pledgor than those obtainable through a public sale without such restrictions, but agrees that such sales are commercially reasonable. Pledgor further acknowledges that any specific disclaimer of any warranty of title or the like by the Collateral Agent will not be considered to adversely affect the commercial reasonableness of any sale of Collateral.
Foreclosure Sales. (a) Without limiting the provisions of Section 5.1, Agent may, following the occurrence and during the continuance of an Event of Default, without notice except as specified below, and to the extent permitted under applicable law, sell the Pledged Collateral or any part thereof in one or more transactions at public or private sale, for cash or property and at such price or prices and upon such other terms as Agent may deem commercially reasonable, irrespective of the impact of any of such sales on the value of any of the Pledged Collateral. To the extent permitted under applicable law, Agent may be the purchaser of any or all of the Pledged Collateral at any such sale. Each purchaser at any such sale shall hold the property sold absolutely free from any claim or right on the part of Pledgor, and Pledgor hereby waives (to the extent permitted by law) all rights of redemption, stay and/or appraisal which it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. Agent shall not be obligated to make any sale with respect to the Pledged Collateral regardless of a notice of sale having been given. Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. less favorable than those obtainable through a sale without such restrictions (including, without limitation, a public offering made pursuant to a registration statement under the Securities Act), and notwithstanding such circumstances, agrees that any sale under such restrictions shall be deemed to have been made in a commercially reasonable manner and that Agent shall have no obligation to engage in sales without such restrictions and no obligation to delay the sale of any securities included within the Pledged Collateral for the period of time necessary to permit the issuer thereof to register it for a form of public sale requiring registration under the Securities Act or under applicable state securities laws, even if Pledgor would agree to do so.
Foreclosure Sales. To the extent that any acting Agent shall hold a public or private foreclosure sale in respect of all or any of the Collateral, such acting Agent shall give written notice thereof to the other nonacting Agent not less than 10 Business Days prior to such sale. The holders of Hampshire Debt agree that each of them may attend and bid at any such public sale but may not pay for any such bid that is successful by applying all or any of the indebtedness then owing to such Person from any Hampshire Entity in whole or partial satisfaction of such successful bid other than the amount of cash proceeds that such Person would be entitled to receive from such sale as provided for hereunder and under the Bank Documents or the Noteholder Documents, as the case may be.
Foreclosure Sales. (a) For purposes of executory process under applicable Louisiana law, Trustor hereby acknowledges the Secured Obligations, CONFESSES JUDGMENT thereon and consents that judgment be rendered and signed, whether during the court’s term or during vacation, in favor of the Beneficiary, for the full amount of the Secured Obligations, including but not limited to the Notes, the Credit Agreement, the other Loan Documents and the other Secured Obligations, in principal, interest, costs and attorney’s fees, together with all charges and expenses whatsoever owing pursuant to this Mortgage. Upon the occurrence and during the continuance of an Event of Default, and in addition to all of its rights, powers and remedies under this Mortgage and applicable law, Beneficiary may, at its option, cause all or any part of the Property to be seized and sold (any such sale or disposition being referred to herein as a “Foreclosure Sale”) under executory process or under writ of fieri facias issued in execution of an ordinary judgment obtained upon the Secured Obligations, without appraisement to the highest bidder, for cash or upon such terms as Beneficiary deems acceptable. Trustor hereby waives all and every appraisement of the Property and waives and renounces the benefit of appraisement and the benefit of all laws relative to the appraisement of the Property seized and sold under executory or other legal process. Trustor agrees to waive, and does hereby specifically waive:
Foreclosure Sales. The Borrower agrees that at least 10 days written notice to the Borrower at the Borrower's address of any public or private foreclosure sale or other disposition of any Collateral shall be reasonable notice thereof, and that any such sale may be at such locations as the Bank may designate in such notice. All public or private foreclosure sales may be adjourned from time to time by giving oral notice thereof at the time and place of such sale or in such other manner permitted by applicable law. The Bank shall have the right to sell, lease or otherwise dispose of any Collateral for cash, credit, or any combination thereof, and the Bank may purchase all or any part of the Collateral at any public sale or, if permitted by law, any private sale, and, in lieu of actual payment of such purchase price, the Bank may setoff and credit the amount of such price against the Obligations without impairing the Borrower's or any other party's liability for any deficiency in respect thereof. The proceeds realized from any sale of any Collateral may be applied, after the Bank is in receipt of good funds, as follows: (a) first, to the Bank, for all reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and expenses, incurred by the Bank for collection, removal, storage, processing, protection, insurance, demonstration, sale or delivery of the Collateral, and for any other Obligations constituting costs or expenses; (b) second, to the Bank, for any Obligations constituting interest; (c) third, to the Bank, for any Obligations constituting principal; (d) fourth, to the Bank, for any Obligations not included in (a) through (c) above; and (e) fifth and finally, to any other party, to the extent it is lawfully entitled to any remaining proceeds. If any deficiency remains after any foreclosure sale, the Borrower and any guarantor shall remain jointly and severally liable for such deficiency.
Foreclosure Sales. (i) Any such foreclosure proceeding referred to in Sections 2.15(a) shall be subject to the following additional terms and conditions:
Foreclosure Sales. Mortgagee may proceed with foreclosure under the power of sale (a “Foreclosure Sale”) which is hereby conferred, such foreclosure to be accomplished in accordance with the following provisions:
Foreclosure Sales. If the Capital Provider fails to receive the applicable Net Amount Due Capital Provider on the corresponding Capital Provider Payment Date due to a payment default by the Owner, which failure continues for more than 60 days following such Capital Provider Payment Date, the Capital Provider may, in accordance with the PACE Act and consistent with the rights afforded a mortgagee under M.G.L. c. 183, §21, commence to exercise the STATUTORY POWER OF SALE and to sell the Property, either as a whole or in parcels, together with all improvements that may be thereon, by public auction on or near the Property, or, if more than one parcel is subject to the XXXX Xxxx, on or near one of said parcels, after first complying with the provisions of M.G.L. Xx. 000, §00 relating to notices to the Owner and any holders of a mortgage or other lien on the Property (the “Statutory Notices”), and related matters, and all other applicable Massachusetts law relating to the foreclosure of mortgages by the exercise of a power of sale, and may convey the Property, or any parcels constituting the same, by proper deed or deeds to the purchaser or purchasers absolutely and in fee simple; and such sale shall forever bar the Owner and all persons claiming under it from all right and interest in the Property, whether at law or in equity. In addition to the Statutory Notices required to be given in accordance with the provisions of M.G.L. Ch. 244, §14, the Capital Provider also shall provide not less than 30 days prior to the giving of the first Statutory Notice, notice to MassDevelopment, the Municipality, the Owner and each holder of an interest in the Property junior to the XXXX Xxxx, of the payment default and of Capital Provider’s intention to commence its rights to sell the Property pursuant to this Section 11 and the PACE Act. Notwithstanding the foregoing, in the event of a payment default hereunder, the Capital Provider may foreclose the XXXX Xxxx only to the extent of any due and unpaid Assessment Installment Payments, and any penalties, interest and fees related thereto. In the event such portion of the XXXX Xxxx is so foreclosed, the XXXX Xxxx otherwise shall survive the foreclosure to the extent of any unpaid and not yet due Assessment Installment Payments that were not the subject of such foreclosure.
