Common use of Sale of Securities Collateral Clause in Contracts

Sale of Securities Collateral. In the event of any sale or other disposition of the Securities Collateral as provided in clause (c) of Section 8.1, and to the extent that any notice thereof is required to be given by law, the Administrative Agent shall give to Pledgors at least ten (10) days prior authenticated notice of the time and place of any public sale or other disposition of the Securities Collateral or of the time after which any private sale or any other intended disposition is to be made. Each Pledgor hereby acknowledges that ten (10) days prior authenticated notice of such sale or other disposition or sales or other dispositions shall be reasonable notice. The Administrative Agent may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereunder imposed by statute, rule of law or otherwise (all of which are hereby expressly waived by Pledgors, to the fullest extent permitted by law). The Administrative Agent may buy or otherwise acquire any part or all of the Securities Collateral at any public sale or other disposition and if any part or all of the Securities Collateral is of a type customarily sold or otherwise disposed of in a recognized market or is of the type which is the subject of widely-distributed standard price quotations, the Administrative Agent may buy or otherwise acquire at private sale or other disposition and may make payments thereof by any means. The Administrative Agent may apply the cash proceeds actually received from any sale or other disposition to the reasonable expenses of retaking, holding, preparing for sale, selling and the like, to reasonable attorneys’ fees, travel and all other expenses which may be incurred by the Administrative Agent or any Secured Party in attempting to collect the Obligations or to enforce this Agreement or in the prosecution or defense of any action or proceeding related to the subject matter of this Agreement, and then to the Obligations pursuant to Section 7.2 of the Credit Agreement. Only after such applications, and after payment by the Administrative Agent of any amount required by §9-608(a)(1)(C) or §9-615(a)(3) of the UCC, need the Administrative Agent account to Pledgors for any surplus.

Appears in 4 contracts

Samples: Credit Agreement (Harris Interactive Inc), Credit Agreement (Harris Interactive Inc), Credit Agreement (Harris Interactive Inc)

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Sale of Securities Collateral. In the event of any sale or other disposition of the Securities Collateral as provided in clause (c) of Section 8.1, and to the extent that any notice thereof is required to be given by law, the Administrative Agent shall give to Pledgors at least ten (10) days prior authenticated notice of the time and place of any public sale or other disposition of the Securities Collateral or of the time after which any private sale or any other intended disposition is to be made. Each Pledgor hereby acknowledges that ten (10) days prior authenticated notice of such sale or other disposition or sales or other dispositions shall be reasonable notice. The Administrative Agent may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereunder imposed by statute, rule of law or otherwise (all of which are hereby expressly waived by Pledgors, to the fullest extent permitted by law). The Administrative Agent may buy or otherwise acquire any part or all of the Securities Collateral at any public sale or other disposition and if any part or all of the Securities Collateral is of a type customarily sold or otherwise disposed of in a recognized market or is of the type which is the subject of widely-distributed standard price quotations, the Administrative Agent may buy or otherwise acquire at private sale or other disposition and may make payments thereof by any means. The Administrative Agent may apply the cash proceeds actually received from any sale or other disposition to the reasonable expenses of retaking, holding, preparing for sale, selling and the like, to reasonable attorneys’ fees, travel and all other expenses which may be incurred by the Administrative Agent or any Secured Party Lender in attempting to collect the Obligations or to enforce this Agreement or in the prosecution or defense of any action or proceeding related to the subject matter of this Agreement, and then to the Obligations pursuant to Section 7.2 of the Credit Agreement. Only after such applications, and after payment by the Administrative Agent of any amount required by §9-608(a)(1)(C) or §9-615(a)(3) of the UCC, need the Administrative Agent account to Pledgors for any surplus.

Appears in 2 contracts

Samples: Credit Agreement (Harris Interactive Inc), Master Securities Pledge Agreement (Harris Interactive Inc)

Sale of Securities Collateral. In the event of any sale or other disposition of the Securities Collateral as provided in clause (c) of Section 8.1, §7.1 and to the extent that any notice thereof is required to be given by law, the Administrative Agent Secured Party shall give to Pledgors the Company at least ten (10) days days' prior authenticated notice of the time and place of any public sale or other disposition of the Securities Collateral or of the time after which any private sale or any other intended disposition is to be made. Each Pledgor The Company hereby acknowledges that ten (10) days days' prior authenticated notice of such sale or other disposition or sales or other dispositions shall be reasonable notice. The Administrative Agent Secured Party may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereunder imposed by statute, rule of law or otherwise (all of which are hereby expressly waived by Pledgorsthe Company, to the fullest extent permitted by law). The Administrative Agent Secured Party may buy or otherwise acquire any part or all of the Securities Collateral at any public sale or other disposition and if any part or all of the Securities Collateral is of a type customarily sold or otherwise disposed of in a recognized market or is of the type which is the subject of widely-distributed standard price quotations, the Administrative Agent Secured Party may buy or otherwise acquire at private sale or other disposition and may make payments thereof by any means. The Administrative Agent Secured Party may apply the cash proceeds actually received from any sale or other disposition to the reasonable expenses of retaking, holding, preparing for sale, selling and the like, to reasonable attorneys' fees, travel and all other expenses which may be incurred by the Administrative Agent or any Secured Party in attempting to collect the Obligations or to enforce this Agreement or in the prosecution or defense of any action or proceeding related to the subject matter of this Agreement, and then to the Obligations pursuant to Section 7.2 the terms of the Credit AgreementTransaction Documents. Only after such applications, and after payment by the Administrative Agent Secured Party of any amount required by §9-608(a)(1)(C) or §9-615(a)(3) of the NY UCC, need the Administrative Agent Secured Party account to Pledgors the Company for any surplus.

Appears in 2 contracts

Samples: Pledge Agreement (Wisa Technologies, Inc.), Form of Pledge Agreement (Summit Wireless Technologies, Inc.)

Sale of Securities Collateral. In the event of any sale or other disposition of the Securities Collateral as provided in clause (c) of Section 8.1, §7.1 and to the extent that any notice thereof is required to be given by law, the Administrative Agent Secured Party shall give to Pledgors the Company at least ten (10) days Business Days’ prior authenticated notice of the time and place of any public sale or other disposition of the Securities Collateral or of the time after which any private sale or any other intended disposition is to be made. Each Pledgor The Company hereby acknowledges that ten (10) days Business Days’ prior authenticated notice of such sale or other disposition or sales or other dispositions shall be reasonable notice. The Administrative Agent Secured Party may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereunder imposed by statute, rule of law or otherwise (all of which are hereby expressly waived by Pledgorsthe Company, to the fullest extent permitted by law). The Administrative Agent Secured Party may buy or otherwise acquire any part or all of the Securities Collateral at any public sale or other disposition and if any part or all of the Securities Collateral is of a type customarily sold or otherwise disposed of in a recognized market or is of the type which is the subject of widely-distributed standard price quotations, the Administrative Agent Secured Party may buy or otherwise acquire at private sale or other disposition and may make payments thereof by any means. The Administrative Agent Secured Party may apply the cash proceeds actually received from any sale or other disposition to the reasonable expenses of retaking, holding, preparing for sale, selling and the like, to reasonable attorneys’ fees, travel and all other expenses which may be incurred by the Administrative Agent or any Secured Party in attempting to collect the Obligations or to enforce this Agreement or in the prosecution or defense of any action or proceeding related to the subject matter of this Agreement, and then to the Obligations pursuant to Section 7.2 the terms of the Credit AgreementTransaction Documents. Only after such applications, and after payment by the Administrative Agent Secured Party of any amount required by §9-608(a)(1)(C) or §9-615(a)(3) of the NY UCC, need the Administrative Agent Secured Party account to Pledgors the Company for any surplus.

Appears in 2 contracts

Samples: Pledge Agreement (PARTS iD, Inc.), Stock Pledge Agreement (Blue Star Foods Corp.)

Sale of Securities Collateral. In the event of any sale or other disposition of the Securities Collateral as provided in clause (c) of Section 8.1, §7.1 and to the extent that any notice thereof is required to be given by law, the Administrative Agent Secured Party shall give to Pledgors the Company at least ten (10) days Business Days’ prior authenticated notice of the time and place of any public sale or other disposition of the Securities Collateral or of the time after which any private sale or any other intended disposition is to be made. Each Pledgor The Company hereby acknowledges that ten (10) days Business Days’ prior authenticated notice of such sale or other disposition or sales or other dispositions shall be reasonable notice. The Administrative Agent Secured Party may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereunder imposed by statute, rule of law or otherwise (all of which are hereby expressly waived by Pledgorsthe Company, to the fullest extent permitted by law). The Administrative Agent Secured Party may buy or otherwise acquire any part or all of the Securities Collateral at any public sale or other disposition and if any part or all of the Securities Collateral is of a type customarily sold or otherwise disposed of in a recognized market or is of the type which is the subject of widely-distributed standard price quotations, the Administrative Agent Secured Party may buy or otherwise acquire at private sale or other disposition and may make payments thereof by any means. The Administrative Agent Secured Party may apply the cash proceeds actually received from any sale or other disposition to the reasonable expenses of retaking, holding, preparing for sale, selling and the like, to reasonable attorneys’ fees, travel and all other expenses which may be incurred by the Administrative Agent or any Secured Party in attempting to collect the Obligations or to enforce this Agreement or in the prosecution or defense of any action or proceeding related to the subject matter of this Agreement, and then to the Obligations pursuant to Section 7.2 the terms of the Credit AgreementTransaction Documents. Only after such applications, and after payment by the Administrative Agent Secured Party of any amount required by §9-608(a)(1)(C) or §9-615(a)(3) of the DE UCC, need the Administrative Agent Secured Party account to Pledgors the Company for any surplus.

Appears in 2 contracts

Samples: Stock Pledge Agreement (AERWINS Technologies Inc.), Stock Pledge Agreement (AERWINS Technologies Inc.)

Sale of Securities Collateral. In the event of any sale or other disposition of the Securities Collateral as provided in clause (c) of Section 8.1, §7.1 and to the extent that any notice thereof is required to be given by law, the Administrative Agent Secured Party shall give to Pledgors the Company at least ten (10) days Business Days’ prior authenticated notice of the time and place of any public sale or other disposition of the Securities Collateral or of the time after which any private sale or any other intended disposition is to be made. Each Pledgor The Company hereby acknowledges that ten (10) days Business Days’ prior authenticated notice of such sale or other disposition or sales or other dispositions shall be reasonable notice. The Administrative Agent Secured Party may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereunder imposed by statute, rule of law or otherwise (all of which are hereby expressly waived by Pledgorsthe Company, to the fullest extent permitted by law). The Administrative Agent Secured Party may buy or otherwise acquire any part or all of the Securities Collateral at any public sale or other disposition and if any part or all of the Securities Collateral is of a type customarily sold or otherwise disposed of in a recognized market or is of the type which is the subject of widely-distributed standard price quotations, the Administrative Agent Secured Party may buy or otherwise acquire at private sale or other disposition and may make payments thereof by any means. The Administrative Agent Secured Party may apply the cash proceeds actually received from any sale or other disposition to the reasonable expenses of retaking, holding, preparing for sale, selling and the like, to reasonable attorneys’ fees, travel and all other expenses which may be incurred by the Administrative Agent or any Secured Party in attempting to collect the Obligations or to enforce this Agreement or in the prosecution or defense of any action or proceeding related to the subject matter of this Agreement, and then to the Obligations pursuant to Section 7.2 the terms of the Credit AgreementTransaction Documents. Only after such applications, and after payment by the Administrative Agent Secured Party of any amount required by §9-608(a)(1)(C) or §9-615(a)(3) of the NV UCC, need the Administrative Agent Secured Party account to Pledgors the Company for any surplus.

Appears in 1 contract

Samples: Stock Pledge Agreement (Abvc Biopharma, Inc.)

Sale of Securities Collateral. In the event of any sale or other disposition of the Securities Collateral as provided in clause (c) of Section 8.17.1, and to the extent that any notice thereof is required to be given by law, the Administrative Agent Bank shall give to Pledgors Pledgor at least ten five (105) days Business Days prior authenticated notice of the time and place of any public sale or other disposition of the Securities Collateral or of the time after which any private sale or any other intended disposition is to be made. Each Pledgor hereby acknowledges that ten five (105) days Business Days prior authenticated notice of such sale or other disposition or sales or other dispositions shall be reasonable notice. The Administrative Agent Bank may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereunder imposed by statute, rule of law or otherwise (all of which are hereby expressly waived by PledgorsPledgor, to the fullest extent permitted by law). The Administrative Agent Bank may buy or otherwise acquire any part or all of the Securities Collateral at any public sale or other disposition and if any part or all of the Securities Collateral is of a type customarily sold or otherwise disposed of in a recognized market or is of the type which is the subject of widely-distributed standard price quotations, the Administrative Agent Bank may buy or otherwise acquire at private sale or other disposition and may make payments thereof by any means. The Administrative Agent Bank may apply the cash proceeds actually received from any sale or other disposition to the reasonable expenses of retaking, holding, preparing for sale, selling and the like, to reasonable attorneys’ fees, travel and all other expenses which may be incurred by the Administrative Agent or any Secured Party Bank in attempting to collect the Obligations or to enforce this Agreement or in the prosecution or defense of any action or proceeding related to the subject matter of this Agreement, and then to the Obligations pursuant to Section 7.2 9.4 of the Credit Loan Agreement. Only after such applications, and after payment by the Administrative Agent Bank of any amount required by §9-608(a)(1)(C) or §9-615(a)(3) of the UCC, need the Administrative Agent Bank account to Pledgors Pledgor for any surplus.

Appears in 1 contract

Samples: Securities Pledge Agreement (Ultra Clean Holdings Inc)

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Sale of Securities Collateral. In the event of any sale or other disposition of the Securities Collateral as provided in clause (c) of Section 8.1, ss.7.1 and to the extent that any notice thereof is required to be given by law, the Administrative Agent shall give to the Pledgors at least ten (10) days Business Days' prior authenticated notice of the time and place of any public sale or other disposition of the Securities Collateral or of the time after which any private sale or any other intended disposition is to be made. Each Pledgor hereby acknowledges that ten (10) days Business Days' prior authenticated notice of such sale or other disposition or sales or other dispositions shall be reasonable notice. The Administrative Agent may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereunder imposed by statute, rule of law or otherwise (all of which are hereby expressly waived by Pledgorssuch Pledgor, to the fullest extent permitted by law). The Administrative Agent may may, to the extent permitted by applicable law, buy or otherwise acquire any part or all of the Securities Collateral at any public sale or other disposition and if any part or all of the Securities Collateral is of a type customarily sold or otherwise disposed of in a recognized market or is of the type which is the subject of widely-distributed standard price quotations, the Administrative Agent may buy or otherwise acquire at private sale or other disposition and may make payments thereof by any means. The Administrative Agent may apply the cash proceeds actually received from any sale or other disposition to the reasonable expenses of retaking, holding, preparing for sale, selling and the like, to reasonable attorneys' fees, travel and all other expenses which may be incurred by the Administrative Agent or any Secured Party in attempting to collect the Obligations or to enforce this Pledge Agreement or in the prosecution or defense of any action or proceeding related to the subject matter of this Pledge Agreement, and then to the Obligations pursuant to Section 7.2 (S)13.4 of the Credit Agreement. Only after such applications, and after payment by the Administrative Agent from such proceeds of any amount required by §9(S)9-608(a)(1)(C) or §9(S)9-615(a)(3) of the UCCUniform Commercial Code of the State of New York, need the Administrative Agent account to the Pledgors for any surplus.

Appears in 1 contract

Samples: Pledge Agreement (Blue Steel Capital Corp)

Sale of Securities Collateral. In the event of any sale or other disposition of the Securities Collateral as provided in clause (c) of Section 8.1, and to the extent that any notice thereof is required to be given by law§ 7.1, the Administrative Agent shall give to the Pledgors at least ten (10) days Business Days’ prior authenticated written notice of the time and place of any public sale or other disposition of the Securities Collateral or of the time after which any private sale or any other intended disposition is to be made. Each Pledgor of the Pledgors hereby acknowledges that ten (10) days Business Days’ prior authenticated written notice of such sale or other disposition or sales or other dispositions shall be reasonable notice. The Administrative Agent may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereunder imposed by statute, rule of law or otherwise (all of which are hereby expressly waived by each of the Pledgors, to the fullest extent permitted by law). The Administrative Agent may buy or otherwise acquire any part or all of the Securities Collateral at any public sale or other disposition and if any part or all of the Securities Collateral is of a type customarily sold or otherwise disposed of in a recognized market or is of the type which is the subject of widely-distributed standard price quotations, the Administrative Agent may buy or otherwise acquire at private sale or other disposition and may make payments thereof by any means. The Administrative Agent may apply the cash proceeds actually received from any sale or other disposition to the reasonable expenses of taking, retaking, holding, preparing for sale, selling and the like, with respect to the Securities Collateral and the Obligations, to reasonable attorneys’ fees, court, travel and all other expenses which may be incurred by the Administrative Agent or any Secured Party in attempting to collect the Obligations or to enforce this Agreement or in the prosecution or defense of any action or proceeding related to the subject matter of this Agreement, and then to the Obligations pursuant to Section 7.2 § 8.03 of the Credit Agreement. Only after such applications, and after payment by the Administrative Agent of any amount required by §§ 9-608(a)(1)(C) or §9-615(a)(3§ 9615(a)(3) of the UCCNew York Uniform Commercial Code, need the Administrative Agent account to Pledgors the Company for any surplus.

Appears in 1 contract

Samples: Securities Pledge Agreement (EPL Intermediate, Inc.)

Sale of Securities Collateral. In the event of any sale or other disposition of the Securities Collateral as provided in clause (c) of Section 8.1§7.1, and to the extent that any notice thereof is required to be given by law, the Administrative Collateral Agent shall give to Pledgors at least ten (10) days Business Days prior authenticated notice of the time and place of any public sale or other disposition of the Securities Collateral or of the time after which any private sale or any other intended disposition is to be made. Each Pledgor hereby acknowledges that ten (10) days Business Days prior authenticated notice of such sale or other disposition or sales or other dispositions shall be reasonable notice. The Administrative Collateral Agent may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereunder imposed by statute, rule of law or otherwise (all of which are hereby expressly waived by Pledgors, to the fullest extent permitted by law). The Administrative Collateral Agent may buy or otherwise acquire any part or all of the Securities Collateral at any public sale or other disposition and if any part or all of the Securities Collateral is of a type customarily sold or otherwise disposed of in a recognized market or is of the type which is the subject of widely-distributed standard price quotations, the Administrative Collateral Agent may buy or otherwise acquire at private sale or other disposition and may make payments thereof by any means. The Administrative Collateral Agent may apply the cash proceeds actually received from any sale or other disposition to the reasonable expenses of retaking, holding, preparing for sale, selling and the like, to reasonable attorneys’ fees, travel and all other expenses which may be incurred by the Administrative Collateral Agent or any Secured Party in attempting to collect the Obligations or to enforce this Agreement or in the prosecution or defense of any action or proceeding related to the subject matter of this Agreement, and then to the Obligations pursuant to Section 7.2 the terms of the Credit Purchase Agreement. Only after such applications, and after payment by the Administrative Collateral Agent of any amount required by §9-608(a)(1)(C) or §9-615(a)(3) of the UCC, need the Administrative Collateral Agent account to Pledgors for any surplus.

Appears in 1 contract

Samples: Securities Pledge Agreement (National Investment Managers Inc.)

Sale of Securities Collateral. In the event of any sale or other disposition of the Securities Collateral as provided in clause (cSection 6.1(c) of Section 8.1, and to the extent that any notice thereof is required to be given by law, the Administrative Agent Credit Support Provider shall give to Pledgors the Pledgor at least ten (10) days Business Days’ prior authenticated written notice of the time and place of any public sale or other disposition of the Securities Collateral or of the time after which any private sale or any other intended disposition is to be made. Each The Pledgor hereby acknowledges that ten (10) days Business Days’ prior authenticated written notice of such sale or other disposition or sales or other dispositions shall be reasonable notice. The Administrative Agent Credit Support Provider may enforce its rights hereunder without any other notice and without compliance with any other condition precedent now or hereunder imposed by statute, rule of law or otherwise (all of which are hereby expressly waived by Pledgorsthe Pledgor, to the fullest extent permitted by law). The Administrative Agent Credit Support Provider may buy or otherwise acquire any part or all of the Securities Collateral at any public sale or other disposition and if any part or all of the Securities Collateral is of a type customarily sold or otherwise disposed of in a recognized market or is of the type which is the subject of widely-distributed standard price quotations, the Administrative Agent Credit Support Provider may buy or otherwise acquire at private sale or other disposition and may make payments thereof by any means. The Administrative Agent Credit Support Provider may apply the cash proceeds Proceeds actually received from any sale or other disposition to the reasonable expenses of retaking, holding, preparing for sale, selling and the like, to reasonable attorneys’ fees, travel and all other expenses which may be incurred by the Administrative Agent or any Secured Party Credit Support Provider in attempting to collect the Secured Obligations or to enforce this Agreement or of in the prosecution or defense of any action or proceeding related to the subject matter of this Agreement, and then to the Secured Obligations pursuant to Section 7.2 of in the order determined by the Credit AgreementSupport Provider. Only after After such applicationsapplications the Credit Support Provider will pay over to the Pledgor the surplus, and after payment by the Administrative Agent of any amount required by §9-608(a)(1)(C) or §9-615(a)(3) of the UCC, need the Administrative Agent account to Pledgors for any surplusif any.

Appears in 1 contract

Samples: Pledge Agreement (Ares Commercial Real Estate Corp)

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