Common use of Sale of Collateral Clause in Contracts

Sale of Collateral. (a) The power to effect any sale or other disposition (a Sale) of any portion of the Collateral pursuant to Sections 5.4 and 5.5 shall not be exhausted by any one or more Sales as to any portion of such Collateral remaining unsold, but shall continue unimpaired until the entire Collateral shall have been sold or all amounts secured by the Collateral shall have been paid. The Trustee may upon notice to the Holders, and shall, upon direction of the Majority Noteholders, from time to time postpone any Sale by public announcement made at the time and place of such Sale. The Trustee hereby expressly waives its rights to any amount fixed by law as compensation for any Sale; provided that the Trustee shall be authorized to deduct the reasonable costs, charges and expenses incurred by it in connection with such Sale from the proceeds thereof notwithstanding the provisions of Section 6.7.

Appears in 9 contracts

Samples: Indenture (CM Finance Inc), Eighth Supplemental Indenture (Investcorp Credit Management BDC, Inc.), Indenture (CM Finance Inc)

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Sale of Collateral. (a) The power to effect any public or private sale or other disposition (a Sale) of any portion of the Collateral Pool pursuant to Sections 5.4 and 5.5 Section 4.03 or Section 4.04 shall not be exhausted by any one or more Sales sales as to any portion of such the Collateral remaining unsold, but shall continue unimpaired until either the entire entirety of the Collateral Pool shall have been sold or all amounts secured by payable on the Collateral Notes and under this Indenture with respect thereto shall have been paid. The Indenture Trustee may upon notice to the Holders, and shall, upon direction of the Majority Noteholders, from time to time postpone any Sale sale by public announcement made at the time and place of such Salesale. The Indenture Trustee hereby expressly waives its rights right to any amount fixed by law as compensation for any Sale; provided that such sale but such waiver does not apply to any amounts to which the Indenture Trustee shall be authorized to deduct the reasonable costs, charges and expenses incurred by it in connection with such Sale from the proceeds thereof notwithstanding the provisions of is otherwise entitled under Section 6.75.04.

Appears in 8 contracts

Samples: Master Indenture (American Finance Trust, Inc), Master Indenture (STORE CAPITAL Corp), Master Indenture (Essential Properties Realty Trust, Inc.)

Sale of Collateral. (a) The power to effect any sale or other disposition (a Sale) of any portion of the Collateral pursuant to Sections 5.4 and 5.5 shall not be exhausted by any one or more Sales sales as to any portion of such Collateral remaining unsold, but shall continue unimpaired (subject to Section 5.5(d) in the case of sales pursuant to Section 5.5) until the entire Collateral shall have been sold or all amounts secured by the Collateral shall have been paid. The Trustee may upon notice to the Holders, and shall, upon written direction of a Majority of the Majority NoteholdersControlling Class, from time to time postpone any Sale by public announcement made at the time and place of such Salesale. The Trustee hereby expressly waives its rights to any amount fixed by law as compensation for any Salesale; provided that the Trustee shall be authorized to deduct the reasonable costs, charges and expenses incurred by it in connection with such Sale sale from the proceeds thereof notwithstanding the provisions of Section 6.7.

Appears in 4 contracts

Samples: Indenture (FS Investment CORP), Indenture (FS Investment Corp II), FS Investment CORP

Sale of Collateral. (a) The power to effect any public or private sale or other disposition (a Sale) of any portion of the Collateral Pool pursuant to Sections 5.4 and 5.5 Section 4.03 or Section 4.04 shall not be exhausted by any one or more Sales sales as to any portion of such the Collateral remaining unsold, but shall continue unimpaired until either the entire entirety of the Collateral Pool shall have been sold or all amounts secured by payable on the Collateral Notes, and under this Indenture with respect thereto shall have been paid. The Indenture Trustee may upon notice to the Holders, and shall, upon direction of the Majority Noteholders, from time to time postpone any Sale sale by public announcement made at the time and place of such Salesale. The Indenture Trustee hereby expressly waives its rights right to any amount fixed by law as compensation for any Sale; provided that such sale but such waiver does not apply to any amounts to which the Indenture Trustee shall be authorized to deduct the reasonable costs, charges and expenses incurred by it in connection with such Sale from the proceeds thereof notwithstanding the provisions of is otherwise entitled under Section 6.75.04.

Appears in 3 contracts

Samples: Master Indenture (Spirit Realty Capital, Inc.), Master Indenture (Spirit MTA REIT), Master Indenture (Spirit Realty Capital, Inc.)

Sale of Collateral. (a) The power to effect any sale or other disposition (a Sale) of any portion of the Collateral pursuant to Sections 5.4 and 5.5 shall not be exhausted by any one or more Sales sales as to any portion of such Collateral remaining unsold, but shall continue unimpaired (subject to Section 5.5(d) in the case of sales pursuant to Section 5.5) until the entire Collateral shall have been sold or all amounts secured by the Collateral shall have been paid. The Trustee may upon notice to the Holders, and shall, upon written direction of a Majority of the Majority Noteholders, from time to time postpone any Sale by public announcement made at the time and place of such Salesale. The Trustee hereby expressly waives its rights to any amount fixed by law as compensation for any Salesale; provided that the Trustee shall be authorized to deduct the reasonable costs, charges and expenses incurred by it in connection with such Sale sale from the proceeds thereof notwithstanding the provisions of Section 6.7.

Appears in 3 contracts

Samples: Indenture (FS Energy & Power Fund), Indenture (FS Investment Corp II), Indenture (FS Investment Corp III)

Sale of Collateral. (a) The power to effect any public or private sale or other disposition (a Sale) of any portion of the Collateral Pool pursuant to Sections 5.4 and 5.5 Section 4.03 or Section 4.04 shall not be exhausted by any one or more Sales sales as to any portion of such the Collateral remaining unsold, but shall continue unimpaired until either the entire entirety of the Collateral Pool shall have been sold or all amounts secured by payable on the Collateral Notes, to the Insurers, and under this Indenture with respect thereto shall have been paid. The Indenture Trustee may upon notice to the Holders, and shall, upon direction of the Majority Noteholders, from time to time postpone any Sale sale by public announcement made at the time and place of such Salesale. The Indenture Trustee hereby expressly waives its rights right to any amount fixed by law as compensation for any Sale; provided that such sale but such waiver does not apply to any amounts to which the Indenture Trustee shall be authorized to deduct the reasonable costs, charges and expenses incurred by it in connection with such Sale from the proceeds thereof notwithstanding the provisions of is otherwise entitled under Section 6.75.04.

Appears in 2 contracts

Samples: Master Indenture (Spirit Finance Corp), Master Indenture (Spirit Finance Corp)

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Sale of Collateral. (a) The power to effect any sale or other disposition (a Sale) of any portion of the Collateral pursuant to Sections 5.4 and 5.5 shall not be exhausted by any one or more Sales as to any portion of such Collateral remaining unsold, but shall continue unimpaired until the entire Collateral shall have been sold or all amounts secured by the Collateral shall have been paid. The Trustee may upon notice to the Holders, and shall, upon direction of the Majority NoteholdersHolders, from time to time postpone any Sale by public announcement made at the time and place of such Sale. The Trustee hereby expressly waives its rights to any amount fixed by law as compensation for any Sale; provided that the Trustee shall be authorized to deduct the reasonable costs, charges and expenses incurred by it in connection with such Sale from the proceeds thereof notwithstanding the provisions of Section 6.7.

Appears in 1 contract

Samples: Indenture (CION Investment Corp)

Sale of Collateral. (a) The power to effect any public or private sale or other disposition (a Sale) of any portion of the Collateral Pool pursuant to Sections 5.4 and 5.5 Section 4.03 or 4.04 hereof shall not be exhausted by any one or more Sales sales as to any portion of such the Collateral remaining unsold, but shall continue unimpaired until either the entire entirety of the Collateral Pool shall have been sold or all amounts secured by payable on the Collateral Notes, to the Insurers, and under this Indenture with respect thereto shall have been paid. The Indenture Trustee may upon notice to the Holders, and shall, upon direction of the Majority Noteholders, from time to time postpone any Sale sale by public announcement made at the time and place of such Salesale. The Indenture Trustee hereby expressly waives its rights right to any amount fixed by law as compensation for any Sale; provided that such sale but such waiver does not apply to any amounts to which the Indenture Trustee shall be authorized to deduct the reasonable costs, charges and expenses incurred by it in connection with such Sale from the proceeds thereof notwithstanding the provisions is otherwise entitled under Section 5.04 of Section 6.7this Indenture.

Appears in 1 contract

Samples: Master Indenture (Spirit Finance Corp)

Sale of Collateral. (a) The power to effect any public or private sale or other disposition (a Sale) of any portion of the Collateral pursuant to Sections 5.4 and 5.5 Section 4.03 or 4.04 hereof shall not be exhausted by any one or more Sales sales as to any portion of such the Collateral remaining unsold, but shall continue unimpaired until either the entire Collateral shall have been sold or all amounts secured by payable on the Collateral Notes, to the Insurer, and under this Indenture with respect thereto shall have been paid. The Indenture Trustee may upon notice to the Holders, and shall, upon direction of the Majority Noteholders, from time to time postpone any Sale sale by public announcement made at the time and place of such Salesale. The Indenture Trustee hereby expressly waives its rights right to any amount fixed by law as compensation for any Sale; provided that such sale but such waiver does not apply to any amounts to which the Indenture Trustee shall be authorized to deduct the reasonable costs, charges and expenses incurred by it in connection with such Sale from the proceeds thereof notwithstanding the provisions is otherwise entitled under Section 5.04 of Section 6.7this Indenture.

Appears in 1 contract

Samples: Trustreet Properties Inc

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