Common use of Private Sales Clause in Contracts

Private Sales. (a) Pledgor recognizes that the Secured Party may be unable to effect a public sale of any or all the Pledged Shares by reason of certain prohibitions contained in the Securities Act of 1933, as amended (the "Securities Act") and applicable state securities laws or otherwise, and may be compelled to resort to one or more private sales thereof to a restricted group of purchasers that will be obliged to agree, among other things, to acquire such securities for their own account for investment and not with a view to the distribution or resale thereof. Pledgor acknowledges and agrees that any such private sale may result in prices and other terms less favorable than if such sale were a public sale and, notwithstanding such circumstances, agrees that any such private sale shall be deemed to have been made in a commercially reasonable manner. The Secured Party shall be under no obligation to delay sale of any of the Pledged Shares for the period of time necessary to permit the Pledgor to register such securities for public sale under the Securities Act, or under applicable state securities laws, even if Deli-Bon would agree to do so.

Private Sales. (a) Pledgor recognizes that the Secured Party may be unable to effect a public sale of any or all the Pledged Shares by reason of certain prohibitions contained in the Securities Act of 1933, as amended (the "Securities Act") and applicable state securities laws or otherwise, and may be compelled to resort to one or more private sales thereof to a restricted group of purchasers that will be obliged to agree, among other things, to acquire such securities for their own account for investment and not with a view to the distribution or resale thereof. Pledgor acknowledges and agrees that any such private sale may result in prices and other terms less favorable than if such sale were a public sale and, notwithstanding such circumstances, agrees that any such private sale shall be deemed to have been made in a commercially reasonable manner. The Secured Party shall be under no obligation to delay sale of any of the Pledged Shares for the period of time necessary to permit the Pledgor to register such securities for public sale under the Securities Act, or under applicable state securities laws, even if Deli-Bon UniMark would agree to do so.

Private Sales. (a) The Pledgor recognizes that the Secured Party may be unable to effect a public sale of any or all the Pledged Shares Collateral, by reason of certain prohibitions contained in the Securities Act of 1933, as amended (the "“Securities Act"”) and applicable state securities laws or otherwise, and may be compelled to resort to one or more private sales thereof to a restricted group of purchasers that who will be obliged to agree, among other things, to acquire such securities for their own account for investment and not with a view to the distribution or resale thereof. The Pledgor acknowledges and agrees that any such private sale may result in prices and other terms less favorable than if such sale were a public sale and, notwithstanding such circumstances, agrees agree that any such private sale shall be deemed to have been made in a commercially reasonable manner. The Secured Party shall be under no obligation to delay a sale of any of the Pledged Shares Collateral for the period of time necessary to permit the Pledgor an issuer to register such securities for public sale under the Securities Act, or under applicable state securities laws, even if Deli-Bon such Issuer would agree to do so.

Private Sales. (a) Pledgor recognizes that the Secured Party Lender may be unable to effect a public sale of any or all of the Pledged Shares Company Interests, by reason of certain prohibitions contained in the Securities Act of 1933, as amended (the "Securities Act") and or applicable state securities laws or otherwiselaws, and in such instance may be compelled to resort to one or more private sales thereof to a restricted qualified group of purchasers that which will be obliged to agree, among other things, to acquire such securities for their own account for investment and not with a view to the distribution or resale thereof. Pledgor acknowledges and agrees that any such private sale may result in prices and other terms less favorable to Lender than if such sale were a public sale and, notwithstanding such circumstances, agrees that any such private sale shall not be deemed to have been made in a commercially reasonable mannerunreasonable manner solely by virtue of being a private sale. The Secured Party Lender shall be under no obligation to delay a sale of any of the Pledged Shares Company Interests for the period of time necessary to permit the Borrower or Pledgor to register such securities for public sale under the Securities Act, Act or under applicable state securities laws, even if Deli-Bon Borrower or Pledgor would agree to do so.

Private Sales. (a) The Pledgor recognizes that the Secured Party Administrative Agent may be unable to effect a public sale of any or all the Pledged Shares Stock, by reason of certain prohibitions contained in the Securities Act of 1933, as amended 1933 (the "Securities ActSECURITIES ACT") and applicable state securities laws or otherwise, and may be compelled to resort to one or more private sales thereof to a restricted group of purchasers that which will be obliged to agree, among other things, to acquire such securities for their own account for investment and not with a view to the distribution or resale thereof. The Pledgor acknowledges and agrees that any such private sale may result in prices and other terms less favorable than if such sale were a public sale and, notwithstanding such circumstances, agrees that any such private sale shall be deemed to have been made in a commercially reasonable manner. The Secured Party Administrative Agent shall be under no obligation to delay a sale of any of the Pledged Shares Stock for the period of time necessary to permit any Issuer or the Pledgor to register such securities for public sale under the Securities Act, or under applicable state securities laws, even if Deli-Bon such Issuer or the Pledgor would agree to do so.

Private Sales. (a) The Pledgor recognizes that the Secured Party Administrative Agent may be unable to effect a public sale of any or all the Pledged Shares Stock, by reason of certain prohibitions contained in the Securities Act of 1933, as amended 1933 (the "Securities ActSECURITIES ACT") and applicable state securities laws or otherwise, and may be compelled to resort to one or more private sales thereof to a restricted group of purchasers that which will be obliged to agree, among other things, to acquire such securities for their own account for investment and not with a view to the distribution or resale thereof. The Pledgor acknowledges and agrees that any such private sale may result in prices and other terms less favorable than if such sale were a public sale and, notwithstanding such circumstances, agrees that any such private sale shall be deemed to have been made in a commercially reasonable manner. The Secured Party Administrative Agent shall be under no obligation to delay a sale of any of the Pledged Shares Stock for the period of time necessary to permit any issuer of Pledged Stock or the Pledgor to register such securities for public sale under the Securities Act, or under applicable state securities laws, even if Deli-Bon such issuer or the Pledgor would agree to do so.

Private Sales. (a) The Pledgor recognizes that the Secured Party Agent may be unable to effect a public sale of any or all the Pledged Shares Equity Interests, by reason of certain prohibitions contained in the Securities Act of 1933, as amended 1933 (the "“Securities Act"”) and applicable state securities laws or otherwise, and may be compelled to resort to one or more private sales thereof to a restricted group of purchasers that which will be obliged to agree, among other things, to acquire such securities for their own account for investment and not with a view to the distribution or resale thereof. The Pledgor acknowledges and agrees that any such private sale may result in prices and other terms less favorable than if such sale were a public sale and, notwithstanding such circumstances, agrees that any such private sale shall be deemed to have been made in a commercially reasonable manner. The Secured Party Agent shall be under no obligation to delay a sale of any of the Pledged Shares Equity Interests for the period of time necessary to permit the Issuer or the Pledgor to register such securities for public sale under the Securities Act, or under applicable state securities laws, even if Deli-Bon such Issuer or the Pledgor would agree to do so.