Common use of Remedial Provisions Clause in Contracts

Remedial Provisions. (a) Upon the occurrence and during the continuance of an Event of Default, Administrative Agent and its attorneys may exercise in respect of the Pledged Collateral, in addition to other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party under the UCC (whether or not the UCC applies to the affected Pledged Collateral), and Administrative Agent may also, without demand, advertisement or notice of any kind (other than the notice specified below relating to a public or private sale), sell the Pledged Collateral or any part thereof in one or more portions at one or more public or private sales or dispositions, at any exchange, broker’s board or at any of Administrative Agent’s offices (or those of Administrative Agent’s attorneys), or elsewhere, for cash, on credit, or for future delivery, at such price or prices and upon such other terms as Administrative Agent deems advisable. Each Pledgor agrees that, to the extent notice of sale shall be required by law, at least ten (10) days’ notice to such Pledgor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification of such matters; provided, that no notification need be given to such Pledgor if it has authenticated after default a statement renouncing or modifying any right to notification of sale or other intended disposition. At any sale of the Pledged Collateral, if permitted by law, Administrative Agent may bid (which bid may be, in whole or in part, in the form of cancellation of indebtedness), for the purchase of the Pledged Collateral or any portion thereof free of any right or equity of redemption in each Pledgor. Administrative Agent shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. Administrative 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.

Appears in 2 contracts

Samples: Pledge Agreement (Warren Resources Inc), Pledge Agreement (Warren Resources Inc)

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Remedial Provisions. (a) Upon the occurrence and during the continuance of an Event of Default, Administrative Agent and its attorneys may exercise in respect of the Pledged Collateral, in addition to other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party under the UCC (whether or not the UCC applies to the affected Pledged Collateral), and Administrative Agent may also, without demand, advertisement or notice of any kind (other than the notice specified below relating to a public or private sale), sell the Pledged Collateral or any part thereof in one or more portions at one or more public or private sales or dispositions, at any exchange, broker’s board or at any of Administrative Agent’s offices (or those of Administrative Agent’s attorneys), ) or elsewhere, for cash, on credit, or for future delivery, at such price or prices and upon such other terms as Administrative Agent deems advisable. Each Pledgor The Guarantor agrees that, to the extent notice of sale shall be required by law, a reasonable authenticated notification of disposition shall be given at least ten (10) days’ days prior to any such sale and such notice shall (i) describe Agent and Guarantor, (ii) describe the Pledged Collateral that is the subject of the intended disposition, (iii) state the method of the intended disposition, (iv) state that the Guarantor is entitled to such Pledgor an accounting of the Obligations, as the case may be, and state the charge, if any, for an accounting, and (v) state the time and place of any public sale disposition or the time after which any private sale is to be made shall constitute reasonable notification of such mattersmade; provided, that no notification need be given to such Pledgor the Guarantor if it has authenticated after default a statement renouncing or modifying any right to notification of sale or other intended disposition. At any sale of the Pledged Collateral, if permitted by law, Administrative Agent may bid (which bid may be, in whole or in part, in the form of cancellation of indebtedness), ) for the purchase of the Pledged Collateral or any portion thereof free of any right or equity of redemption in each Pledgorthe Guarantor. Administrative Agent shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. Administrative 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.

Appears in 2 contracts

Samples: Guaranty, Pledge and Security Agreement (Peplin Inc), Guaranty, Pledge and Security Agreement (Peplin Inc)

Remedial Provisions. (a) Upon the occurrence and during the continuance of an Event of Default, Administrative Agent and its attorneys may exercise in respect of the Pledged Collateral, in addition to other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party under the UCC (whether or not the UCC applies to the affected Pledged Collateral), and Administrative Agent may also, without demand, advertisement or notice of any kind (other than the notice specified below relating to a public or private sale), sell the Pledged Collateral or any part thereof in one or more portions at one or more public or private sales or dispositions, at any exchange, broker’s 's board or at any of Administrative Agent’s 's offices (or those of Administrative Agent’s 's attorneys), ) or elsewhere, for cash, on credit, or for future delivery, at such price or prices and upon such other terms as Administrative Agent deems advisable. Each The Pledgor agrees that, to the extent notice of sale shall be required by law, at least ten (10) days' notice to such the Pledgor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification of such matters; providedPROVIDED, that no notification need be given to such the Pledgor if it has authenticated after default a statement renouncing or modifying any right to notification of sale or other intended disposition. At any sale of the Pledged Collateral, if permitted by law, Administrative Agent may bid (which bid may be, in whole or in part, in the form of cancellation of indebtedness), ) for the purchase of the Pledged Collateral or any portion thereof free of any right or equity of redemption in each the Pledgor. Administrative Agent shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. Administrative 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.

Appears in 1 contract

Samples: Pledge Agreement (Midway Games Inc)

Remedial Provisions. (a) Upon the occurrence and during the continuance of an Event of Default, Administrative Agent the Pledgee and its attorneys may exercise in respect of the Pledged CollateralSecurities, in addition to other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party under the UCC (whether or not the UCC applies to the affected Pledged CollateralSecurities), and Administrative Agent the Pledgee may also, without demand, advertisement or notice of any kind (other than the notice specified below relating to a public or private sale), sell the Pledged Collateral Securities or any part thereof in one or more portions at one or more public or private sales or dispositions, at any exchange, broker’s board or at any of Administrative Agentthe Pledgee’s offices (or those of Administrative Agentthe Pledgee’s attorneys), ) or elsewhere, for cash, on credit, or for future delivery, at such price or prices and upon such other terms as Administrative Agent the Pledgee deems advisable. Each The Pledgor agrees that, to the extent notice of sale shall be required by law, at least ten (10) days’ notice to such the Pledgor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification of such matters; provided, that no notification need be given to such the Pledgor if it has authenticated after default a statement renouncing or modifying any right to notification of sale or other intended disposition. At any sale of the Pledged Collateral, if permitted by law, Administrative Agent may bid (which bid may be, in whole or in part, in the form of cancellation of indebtedness), for the purchase of the Pledged Collateral or any portion thereof free of any right or equity of redemption in each Pledgor. Administrative Agent The Pledgee shall not be obligated to make any sale of Pledged Collateral Securities regardless of notice of sale having been given. Administrative Agent The Pledgee 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.

Appears in 1 contract

Samples: Pledge Agreement (Star Scientific Inc)

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Remedial Provisions. (a) Upon the occurrence and during the continuance of an Event of Default, Administrative Maranon Agent and its attorneys may may, and, in any event, Agent at the direction of the Requisite Lenders shall exercise in respect of the Pledged Collateral, in addition to other rights and remedies provided for herein or otherwise available to itit under any applicable law or any Loan Document, all the rights and remedies of a secured party under the UCC Code (whether or not the UCC Code applies to the affected Pledged Collateral), and Administrative Agent may also, without demand, advertisement or notice of any kind (other than the notice specified below relating to a public or private sale), sell the Pledged Collateral or any part thereof in one or more portions at one or more public or private sales or dispositions, at any exchange, broker’s board or at any of Administrative Agent’s offices (or those of Administrative Agent’s attorneys), ) or elsewhere, for cash, on credit, or for future delivery, at such price or prices and upon such other terms as Administrative Agent deems advisable. Each Pledgor agrees that, to the extent notice of sale shall be required by law, at least ten (10) days’ notice to such Pledgor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification of such matters; provided, that no notification need be given to such Pledgor if it has authenticated after default a statement renouncing or modifying any right to notification of sale or other intended disposition. At any sale of the Pledged Collateral, if permitted by law, Administrative Agent may bid (which bid may be, in whole or in part, in the form of cancellation of indebtedness), ) for the purchase of the Pledged Collateral or any portion thereof free of any right or equity of redemption in each any Pledgor. Administrative Agent shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. Administrative 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.

Appears in 1 contract

Samples: Pledge Agreement (Green Plains Inc.)

Remedial Provisions. (a) Upon the occurrence and during the continuance of an Event of DefaultDefault beyond the applicable cure period, Administrative Agent Bank and its attorneys may exercise in respect of the Pledged Collateral, in addition to other rights and remedies provided for herein herein, in the Mortgage (with respect to the Real Property), or otherwise available to it, all the rights and remedies of a secured party under the UCC (whether or not under the UCC applies to the affected Pledged Collateral)Mortgage, and Administrative Agent Bank may also, without demand, advertisement or notice of any kind (other than the notice specified below relating to a public or private sale), sell the Pledged Collateral or any part thereof in one or more portions at one or more public or private sales or dispositions, at any exchange, broker’s board or at any of Administrative AgentBank’s offices (or those of Administrative AgentBank’s attorneys), ) or elsewhere, for cash, on credit, or for future delivery, at such price or prices and upon such other terms as Administrative Agent Bank deems advisable. Each Pledgor Guarantor agrees that, to the extent notice of sale shall be required by law, at least ten (10) days’ notice to such Pledgor Guarantor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification of such matters; provided, that no notification need be given to such Pledgor Guarantor if it has authenticated after default a statement renouncing or modifying any right to notification of sale or other intended disposition. At any sale of the Pledged Collateral, if permitted by law, Administrative Agent Bank may bid (which bid may be, in whole or in part, in the form of cancellation of indebtedness), ) for the purchase of the Pledged Collateral or any portion thereof free of any right of equity or equity of redemption in each PledgorGuarantor. Administrative Agent Bank shall not be obligated to make any sale of Pledged Collateral regardless of notice of sale having been given. Administrative Agent Bank 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.

Appears in 1 contract

Samples: Guarantor Security Agreement (AquaBounty Technologies, Inc.)

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