Common use of Sale or Other Disposition of Collateral by Lender Clause in Contracts

Sale or Other Disposition of Collateral by Lender. Any notice required to be given by Lender of a sale, lease or other disposition or other intended action by Lender with respect to any of the Collateral which is deposited in the United States registered mail, postage prepaid and duly addressed to Borrower at the address specified in SUBSECTION 10.12 below, at least ten (10) Business Days prior to such proposed action shall constitute fair and reasonable notice to Borrower of any such action. The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the reasonable attorneys' fees and legal expenses incurred by Lender in connection therewith, shall be applied as provided herein toward satisfaction of Borrower's Liabilities including, without limitation, the Liabilities described in SUBSECTIONS 7.4 and 10.3 of this Agreement. Lender shall account to Borrower for any surplus realized upon such sale or other disposition, and Borrower shall remain liable for any deficiency. The commencement of any action, legal or equitable, or the rendering of any judgment or decree for any deficiency shall not affect Lender's security interest in and lien against the Collateral until the Liabilities are fully paid. Borrower agrees that Lender has no obligation to preserve rights to the Collateral against any other parties.

Appears in 1 contract

Samples: Loan and Security Agreement (Grant Geophysical Inc)

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Sale or Other Disposition of Collateral by Lender. Any notice required to be given by Lender of a sale, lease or other disposition or other intended action by Lender with respect to any of the Collateral which is deposited in the United States registered mail, postage prepaid and duly addressed delivered to Borrower at the address specified in SUBSECTION 10.12 belowaccordance with subsection 9.17 hereof, at least ten (10) Business Days prior to such proposed action action, shall constitute fair and reasonable notice to Borrower of any such action. The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the reasonable attorneys' fees and legal expenses incurred by Lender in connection therewith, shall be applied as provided herein toward satisfaction of Borrower's Liabilities the Liabilities, including, without limitation, the Liabilities described in SUBSECTIONS 7.4 subsections 6.5 and 10.3 of this Agreement9.2 hereof. Lender shall account to Borrower for any surplus realized upon such sale or other disposition, and Borrower shall remain liable for any deficiency. The commencement of any action, legal or equitable, or the rendering of any judgment or decree for any deficiency shall not affect Lender's security interest in and lien against the Collateral until the Liabilities are fully paid. Borrower agrees that Lender has no obligation to preserve rights to the Collateral against any other parties.

Appears in 1 contract

Samples: Loan and Security Agreement (Allied Products Corp /De/)

Sale or Other Disposition of Collateral by Lender. Any notice required to be given by Lender of a sale, lease or other disposition or other intended action by Lender with respect to any of the Collateral which is deposited in the United States registered mailmails, postage prepaid and duly addressed to the Borrower at the address specified in SUBSECTION 10.12 Section 9.01 below, at least ten (10) Business Days prior to such proposed action shall constitute fair and reasonable notice to the Borrower of any such action. The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the reasonable attorneys' fees and legal expenses incurred by Lender in connection therewith, shall be applied as provided herein toward satisfaction of Borrower's Liabilities including, without limitation, the Liabilities described in SUBSECTIONS 7.4 and 10.3 of this AgreementObligations. Lender shall account to the Borrower for any surplus realized upon such sale or other disposition, and the Borrower shall remain liable for any deficiency. The commencement of any action, legal or equitable, or the rendering of any judgment or decree for any deficiency shall not affect Lender's security interest in and lien against the Collateral until the Liabilities are fully paidCollateral. The Borrower agrees that Lender has no obligation to preserve rights to the Collateral against any other parties.. Lender is hereby granted a license or other right to use, without charge, the Borrower's labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks, service

Appears in 1 contract

Samples: Loan and Security Agreement (Mercury Inc)

Sale or Other Disposition of Collateral by Lender. Any notice required to be given by Lender of a sale, lease or other disposition or other intended action by Lender with respect to any of the Collateral which is deposited in the United States registered mail, postage prepaid and duly addressed given to a Borrower at the address as specified in SUBSECTION 10.12 belowSection 14.3, at least ten (10) Business Days days prior to such proposed action action, shall constitute fair and reasonable notice to such Borrower of any such action. The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expense expenses of retaking, holding, storing, transporting, preparing for sale, selling or otherwise disposing of the like and the reasonable attorneys' fees and legal expenses Collateral incurred by Lender in connection therewith, shall be applied as provided herein toward satisfaction of Borrower's Liabilities including, without limitation, the Liabilities described in SUBSECTIONS 7.4 and 10.3 of this AgreementLiabilities. Lender shall account to Borrower Borrowers for any surplus realized upon such sale or other disposition, and Borrower Borrowers shall remain liable for any deficiency. The commencement of any action, legal or equitable, or the rendering of any judgment or decree for any deficiency deficiency, shall not affect Lender's security interest in and lien against Liens on the Collateral until the Liabilities are fully paid. Borrower agrees that Lender has no obligation to preserve rights to the Collateral against any other parties.

Appears in 1 contract

Samples: Secured Credit Agreement (Diplomat Direct Marketing Corp)

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Sale or Other Disposition of Collateral by Lender. Any notice required to be given by Lender of a sale, lease or other disposition or other intended action by Lender with respect to any of the Collateral which is deposited in the United States registered mail, postage prepaid and duly addressed to the Borrower at the address specified in SUBSECTION 10.12 belowSection 10.19, at least ten (10) Business Days business days prior to such proposed action action, shall constitute fair and commercially reasonable notice to the Borrower of any such action. The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like like, and the reasonable attorneys' legal fees and legal expenses and other proper fees and expenses incurred by the Lender in connection therewith, shall be applied as provided herein toward satisfaction of Borrower's Liabilities including, without limitation, the Liabilities described in SUBSECTIONS 7.4 and 10.3 of this AgreementLiabilities. The Lender shall account to the Borrower for any surplus realized upon such sale or other disposition, and the Borrower shall remain liable for any deficiency. The commencement of any action, legal or equitable, or the rendering of any judgment or decree for any deficiency deficiency, shall not affect the Lender's security interest in and lien against the Collateral until the Liabilities are fully paid. Borrower agrees that Lender has no obligation to preserve rights to the Collateral against any other partiesshall have been paid in full.

Appears in 1 contract

Samples: Loan and Security Agreement (Pemstar Inc)

Sale or Other Disposition of Collateral by Lender. Any notice required to be given by Lender of a sale, lease or other disposition or other intended action by Lender with respect to any of the Collateral which is deposited given in accordance with the United States registered mail, postage prepaid and duly addressed to Borrower at the address specified in SUBSECTION 10.12 belowprovisions of Section 9.01, at least ten (10) Business Days prior to such proposed action shall constitute fair and reasonable notice to the Borrower of any such action. The net proceeds realized by Lender upon any such sale or other disposition, after deduction for the expense of retaking, holding, preparing for sale, selling or the like and the reasonable attorneys' fees and legal expenses incurred by Lender in connection therewith, shall be applied as provided herein toward satisfaction of Borrower's Liabilities including, without limitation, the Liabilities described in SUBSECTIONS 7.4 and 10.3 of this AgreementObligations. Lender shall account to the Borrower (and promptly pay to the Borrower) for any surplus realized upon such sale or other disposition, and the Borrower shall remain liable for the the full amount of any deficiency. The commencement of any action, legal or equitable, or the rendering of any judgment or decree for any deficiency shall not affect Lender's security interest in and lien against the Collateral until the Liabilities are fully paidCollateral. The Borrower agrees that Lender has no obligation to preserve rights to the Collateral against any other parties.

Appears in 1 contract

Samples: Loan and Security Agreement (American Communications Services Inc)

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