Public or Private Sale. If after 60 days following the expiration of this Agreement Customer has failed to schedule the withdrawal of the Inventory from the Facility, Operator may liquidate the Inventory through one or more sales or other dispositions with such notice, if any, as may be required under Applicable Law, free from any claim or right of any nature whatsoever of Customer, including any equity or right of redemption by Customer (with Operator, or its affiliates, having the right to purchase any or all of the Inventory to be sold) and to apply the proceeds from the liquidation of the Inventory to any amounts payable by Customer to Operator, including all expenses of the sale and accrued fees (storage and otherwise), costs and charges hereunder. Customer shall pay and reimburse Operator upon demand for all reasonable costs and expenses (including reasonable attorneys’ fees and expenses) that Operator may incur in connection with: (i) the custody, use or preservation of, or the sale of, collection from or other realization upon, any of the Inventory, including the reasonable expenses of re‑taking, holding, preparing for sale or lease, selling or otherwise disposing of or realizing on the Inventory; and (ii) the exercise or enforcement of any rights or remedies granted by this Agreement or otherwise available to it at law or in equity. This Section 6.3 of the GTCs shall survive the expiration of the Term or the termination of this Agreement. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****).
Public or Private Sale. At any time or from time to time, Agent, for the ratable benefit of Lenders, may sell, assign and deliver, or grant options to purchase, all or any part of the Collateral, or any interest therein, at any public or private sale, in one (1) or more sales or lots, without demand of performance, or advertisement, for cash, on credit, or for other property, for immediate or future delivery without any assumption of credit risk, and for such price or prices and on such terms as Agent in its absolute discretion may deem commercially reasonable. Agent shall not be obligated to make any such sale of Collateral regardless of whether any such notice of sale has therefor been given. Pledgor hereby waives any other requirement of notice, demand, or advertisement for sale, to the extent permitted by law. Pledgor hereby waives and releases to the fullest extent permitted by law any right or equity of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshaling the Collateral and any other security for the Obligations or otherwise. Agent shall not be liable for failure to collect or realize upon any or all of the Collateral or for any delay in so doing nor shall Agent be under any obligation to take any action whatsoever with regard thereto.
Public or Private Sale. Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Agent will give the Debtor or Debtors which own the specific property of which the Agent intends to dispose at least ten (10) Business Days' prior notice of the time and place of any public sale thereof or of the time after which any private sale or any other intended disposition thereof is to be made. Any such notice shall be deemed to meet any requirement hereunder or under any applicable law (including the Uniform Commercial Code) that reasonable notification be given of the time and place of such sale or other disposition.
Public or Private Sale. (a) The Pledgor by its execution of this Agreement, specifically agrees and consents that the Collateral Agent shall on the happening and during the continuing of an Event of Default immediately succeed to all interests, rights and privileges of the mortgagee under the Underlying Note and the Mortgage and is entitled and will be entitled on the happening and during the continuance of any Event of Default to elect, among its other remedies provided for herein or under applicable law, immediately (if the Underlying Note is in default ("Underlying Default")) to accelerate the indebtedness evidenced by the Underlying Note and to xxx on the Underlying Note or immediately to foreclose on the Mortgage in accordance with this Agreement and the Mortgage, and that neither the Pledgor nor any person or entity claiming through it will exercise any rights as mortgagee under the Mortgage or payee under the Underlying Note unless and until the Termination Date (as hereinafter defined) has occurred, at which time all interests, rights and privileges of the mortgagee under the Underlying Note and Mortgage will revert to and be reassigned to the Pledgor as set forth in Section 7.2 hereof. Without limiting the foregoing, the Pledgor expressly acknowledges its understanding that, until such time as the Underlying Note and Mortgage revert to the Pledgor as provided herein, the Collateral Agent shall have the sole right to give notices of default, to accelerate the indebtedness evidenced by the Underlying Note, to xxx on the Underlying Note and to foreclose under the Mortgage, among all of the other sole rights and remedies of the holder of the Underlying Note and Mortgage.
Public or Private Sale. The Pledgor by its execution of this Agreement, specifically agrees and consents that, without limiting Lender’s rights hereunder or under applicable law, the Lender shall upon the occurrence of an Event of Default immediately succeed to all interests, rights and privileges of the mortgagee under the Underlying Note, the Mortgage and the Pledged Contracts.
Public or Private Sale. If upon the expiration of the Term, Xxxxxx has failed to schedule the withdrawal of the Lessee’s Inventory from the Tank Facilities, in addition to any other remedies available under Applicable Law or in equity, Keystone is hereby granted the authority, but not the obligation, to liquidate the Lessee’s Inventory through one or more public or private sales or other dispositions with such notice, if any, as may be required under Applicable Law, free from any claim or right of any nature whatsoever of the Lessee, including any equity or right of redemption by the Lessee (with Keystone, or its Affiliates, having the right to purchase any or all of the Lessee’s Inventory to be sold) and to apply the proceeds from the liquidation of the Lessee’s Inventory to any amounts payable by the Lessee to Keystone, including all expenses of the sale and accrued fees (storage and otherwise), costs and charges pursuant to this Lease. The remainder of such proceeds, if any, shall be held by Keystone for the Lessee and any other person or entity lawfully entitled to such proceeds and may be commingled in any account or accounts maintained by Keystone from time to time, without any obligation to pay interest thereon.
