Common use of Private Sale Clause in Contracts

Private Sale. The Collateral Agent and the Lenders shall incur no liability as a result of the sale, lease or other disposition of all or any part of the Collateral at any private sale pursuant to Section 6.01 conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower hereby waives any claims against the Collateral Agent or any Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent Trustee and the Lenders Holders shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 4.05 hereof conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower Each Credit Party hereby waives any claims against the Collateral Agent Trustee or any Lender Holder arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent Trustee accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders Secured Creditors shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.05 conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower Each Obligor hereby waives any claims against the Collateral Agent or any Lender Secured Creditors arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders No Lender shall incur no any liability as a result of the sale, lease or other disposition of all or any part of the Collateral at any private sale pursuant to Section 6.01 5.01 conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower The Obligor hereby waives any claims against the Collateral Agent or any Lender arising that may arise by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts Lenders accept the first offer received and does do not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders Banks shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.04 hereof conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower Each Obligor hereby waives any claims against the Collateral Agent or any Lender Bank arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders Lender shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.04 or Section 5.05 conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the The Borrower hereby waives any claims against the Collateral Agent or any Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders Banks shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.05 hereof conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower Each Pledgor hereby waives any claims against the Collateral Agent or any Lender Bank arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders Secured Parties shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.05 conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower The Grantor hereby waives any claims against the Collateral Agent or any Lender Secured Parties arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders Secured Parties shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.05 conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower Each Obligor hereby waives any claims against the Collateral Agent or any Lender Secured Parties arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders Secured Creditors shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 6.05 conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower Each Obligor hereby waives any claims against the Collateral Agent or any Lender Secured Creditors arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.05 hereof conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower The Partnership hereby waives any claims against the Collateral Agent or any Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and None of the Lenders Secured Parties shall incur no any liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.5 conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower Each Obligor hereby waives any claims against the Collateral Agent or any Lender Secured Party arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders Secured Parties shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.01 or 5.02 hereof conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower The Company hereby waives any claims against the Collateral Agent or any Lender Secured Parties arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 6.05 hereof conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower Each Guarantor hereby waives any claims against the Collateral Agent or any Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been Subsidiary Guarantee and Security Agreement - 13 154 obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders Lender shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 4.05 conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower Each Obligor hereby waives any claims against the Collateral Agent or any Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent ▇▇▇▇▇▇ accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.05 hereof conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the The Borrower hereby waives any claims against the Collateral Agent or any Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders Secured Creditors shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.05 conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower Each Obligor hereby waives any claims against the Collateral Agent or any Lender Secured Creditors arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offereeofferee so long as such sale is commercially reasonable.

Private Sale. The Collateral Agent Lenders and the Lenders Agent shall incur no liability ------------- as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.05 hereof conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower The Company hereby waives any claims against the Collateral Agent or any Lender Lenders arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Revolving Credit Lenders shall incur no liability as a result of the salesale of the Revolving Credit Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.05 hereof conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower The Company hereby waives any claims against the Collateral Agent or any Revolving Credit Lender arising by reason of the fact that the price at which the Revolving Credit Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Revolving Credit Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Revolving Credit Collateral to more than one offeree.

Private Sale. The Collateral Agent Agent, the Banks and the Lenders holders of Other Indebtedness shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.05 hereof conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the The Borrower hereby waives any claims against the Collateral Agent or any Lender Bank arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders Secured Creditors shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 this Agreement conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower Each Subsidiary Guarantor hereby waives any claims against the Collateral Agent or any Lender Secured Creditors arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. The Collateral Agent and the Lenders shall incur no liability as a result of the salesale of the Collateral, lease or other disposition of all or any part of the Collateral thereof, at any private sale pursuant to Section 6.01 5.5 hereof conducted in a commercially reasonable manner. To the extent permitted by applicable Government Rule, the Borrower The Pledgor hereby waives any claims against the Collateral Agent or any Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree.