Common use of Sale or Other Disposition of Property Clause in Contracts

Sale or Other Disposition of Property. The Collateral Agent, in connection with the exercise of its rights under, and in accordance with the terms and conditions of the Uniform Commercial Code as enacted in the State of Colorado (the "UCC") may conduct any sale or other disposition of the Property at public or private sale, to the extent such private sale is authorized under the provisions of the UCC upon the Land, in which event Collateral Agent shall not be liable for any rent or charge for such use of the Land. Collateral Agent may purchase the Property, or any portion of it, at any sale held under this Paragraph 19. With respect to any Property to be sold pursuant to the UCC, Collateral Agent shall give Grantor at least ten (10) days written notice of the date, time, and place of any proposed public sale, and of the date after which a private sale or other disposition may be made. Collateral Agent may sell any of the Personal Property as part of the real property comprising the Property, or any portion or unit thereof, at the foreclosure sale or sales conducted pursuant hereto. If the provisions of the UCC are applicable to any part of the Personal Property which is to be sold in combination with or as part of the real property comprising the Property, or any part thereof, at one or more foreclosure sales, any notice required under such provisions shall be fully satisfied by the notice given in execution of the STATUTORY POWER OF SALE with respect to the real property or any part thereof. Grantor waives any right to require the marshaling of any of its assets in connection with any disposition conducted pursuant hereto. In the event all or part of the Property is included at any foreclosure sale conducted pursuant hereto, a single total price for the Property, or such part thereof as is sold, may be accepted by Collateral Agent with no obligation to distinguish between the application of such proceeds amongst the property comprising the Property.

Appears in 1 contract

Samples: Credit Agreement (Hechinger Co)

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Sale or Other Disposition of Property. The Collateral Agent, in connection with the exercise of its rights under, and in accordance with the terms and conditions of the Uniform Commercial Code as enacted in the State of Colorado (the "UCC") may conduct any Any sale or other disposition ------------------------------------- of the Property Collateral may be at public or private sale, to the extent such private sale is authorized under the provisions of the UCC Uniform Commercial Code as enacted in the Commonwealth of Massachusetts, upon such terms and in such manner as Lender deems advisable. Lender may conduct any such sale or other disposition of the Property upon the Land, in which event Collateral Agent Lender shall not be liable for any rent or charge for such use of the Land. Collateral Agent Lender may purchase the Property, or any portion of it, at any sale held under this Paragraph 19Paragraph. With respect to any Property Collateral to be sold pursuant to the UCCUniform Commercial Code, Collateral Agent Lender shall give Grantor Borrower at least ten seven (107) days written notice of the date, time, and place of any proposed public sale, or such additional notice as may be required under the laws of the Commonwealth of Massachusetts, and of the date after which a any private sale or other disposition may be made. Collateral Agent Lender may sell any of the Personal Property Collateral as part of the real property comprising the Property, or any portion or unit thereof, at the foreclosure sale or sales conducted pursuant hereto. If the provisions of the UCC Uniform Commercial Code are applicable to any part of the Personal Property Collateral which is to be sold in combination with or as part of the real property comprising the Property, or any part thereof, at one or more foreclosure sales, any notice required under such provisions shall be fully satisfied by the notice given in execution of any method of foreclosure, including, without limitation, the STATUTORY POWER OF SALE SALE, with respect to the real property or any part thereof. Grantor Borrower waives any right to require the marshaling marshalling of any of its assets in connection with any disposition conducted pursuant hereto. In the event all or part of the Property is included at any foreclosure sale conducted pursuant hereto, a single total price for the Property, or such part thereof as is sold, may be accepted by Collateral Agent Lender with no obligation to distinguish between the application of such proceeds amongst the property comprising the Property. The obligations of Borrower to pay such amounts shall be included in the Secured Obligations of Borrower to Lender and shall accrue interest at the default rate of interest set forth in the Note. Xxxxxxxx agrees that all rights and remedies of Lender as to the Personal Property and as to the Property, and all rights and interests appurtenant thereto, shall be cumulative and may be exercised together or separately without waiver by Lender of any other of its rights or remedies. Borrower further agrees that any sale or other disposition by Lender of any of the Personal Property and any rights and interests therein or appurtenant thereto, or any part thereof, may be conducted either separately from or together with any foreclosure, sale or other disposition of the Property, or any rights or interests therein or appurtenant thereto, or any part thereof, all as the Lender may in its sole discretion elect.

Appears in 1 contract

Samples: Aerovox Inc

Sale or Other Disposition of Property. The Collateral Agent, in connection with the exercise of its rights under, and in accordance with the terms and conditions of the Uniform Commercial Code as enacted in the State of Colorado (the "UCC") may conduct any Any sale or other disposition of the Property Collateral may be at public or private sale, to the extent such private sale is authorized under the provisions of the UCC Uniform Commercial Code as enacted in the Commonwealth of Massachusetts upon such terms and in such manner as Lender deems advisable. Lender may conduct any such sale or other disposition of the Property upon the Land, in which event Collateral Agent Lender shall not be liable for any rent or charge for such use of the Land. Collateral Agent Lender may purchase the Property, or any portion of it, at any sale held under this Paragraph 1922. With respect to any Property Collateral to be sold pursuant to the UCCUniform Commercial Code, Collateral Agent Lender shall give Grantor Borrower at least ten (10) days written notice of the date, time, and place of any proposed public sale, or such additional notice as may be required under the laws of the Commonwealth of Massachusetts, and of the date after which a any private sale or other disposition may be made. Collateral Agent Lender may sell any of the Personal Property Collateral as part of the real property comprising the Property, or any portion or unit thereof, at the foreclosure sale or sales conducted pursuant hereto. If the provisions of the UCC Uniform Commercial Code are applicable to any part of the Personal Property Collateral which is to be sold in combination with or as part of the real property comprising the Property, or any part thereof, at one or more foreclosure sales, any notice required under such provisions shall be fully satisfied by the notice given in execution of the STATUTORY POWER OF SALE with respect to the real property or any part thereof. Grantor Borrower waives any right to require the marshaling marshalling of any of its assets in connection with any disposition conducted pursuant hereto. In the event all or part of the Property is included at any foreclosure sale conducted pursuant hereto, a single total price for the Property, or such part thereof as is sold, may be accepted by Collateral Agent Lender with no obligation to distinguish between the application of such proceeds amongst the property comprising the Property.

Appears in 1 contract

Samples: Loan Agreement (Amphastar Pharmaceuticals, Inc.)

Sale or Other Disposition of Property. The Collateral Agent, in connection with the exercise of its rights under, and in accordance with the terms and conditions of the Uniform Commercial Code as enacted in the State of Colorado Michigan (the "UCC") and the Security Agreement may conduct any sale or other disposition of the 179 Property at public or private sale, to the extent such private sale is authorized under the provisions of the UCC and the Security Agreement upon the Land, in which event Collateral Agent shall not be liable for any rent or charge for such use of the Land. Collateral Agent may purchase the Property, or any portion of it, at any sale held under this Paragraph 1918. With respect to any Property to be sold pursuant to the UCC, Collateral Agent shall give Grantor Mortgagor at least ten (10) days written notice of the date, time, and place of any proposed public sale, and of the date after which a any private sale or other disposition may be made. Collateral Agent may sell any of the Personal Property as part of the real property comprising the Property, or any portion or unit thereof, at the foreclosure sale or sales conducted pursuant hereto. If the provisions of the UCC are applicable to any part of the Personal Property which is to be sold in combination with or as part of the real property comprising the Property, or any part thereof, at one or more foreclosure sales, any notice required under such provisions shall be fully satisfied by the notice given in execution of the STATUTORY POWER OF SALE Statutory Power of Sale with respect to the real property or any part thereof. Grantor Mortgagor waives any right to require the marshaling of any of its assets in connection with any disposition conducted pursuant hereto. In the event all or part of the Property is included at any foreclosure sale conducted pursuant hereto, a single total price for the Property, or such part thereof as is sold, may be accepted by Collateral Agent with no obligation to distinguish between the application of such proceeds amongst the property comprising the Property.

Appears in 1 contract

Samples: Credit Agreement (Hechinger Co)

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Sale or Other Disposition of Property. The Collateral Agent, in connection with the exercise of its rights under, and in accordance with the terms and conditions of the Uniform Commercial Code as enacted in the State of Colorado (the "UCC") may conduct any sale or other disposition of the Property at public or private sale, to the extent such private sale is authorized under the provisions of the UCC upon the Land, in which event Collateral Agent shall not be liable for any rent or charge for such use of the Land. Collateral Agent may purchase the Property, or any portion of it, at any sale held under this Paragraph 1918. With respect to any Property to be sold pursuant to the UCC, Collateral Agent shall give Grantor at least ten (10) days written notice of the date, time, and place of any proposed public sale, and of the date after which a private sale or other disposition may be made. Collateral Agent may sell any of the Personal Property as part of the real property comprising the Property, or any portion or unit thereof, at the foreclosure sale or sales conducted pursuant hereto. If the provisions of the UCC are applicable to any part of the Personal Property which is to be sold in combination with or as part of the real property comprising the Property, or any part thereof, at one or more foreclosure sales, any notice required under such provisions shall be fully satisfied by the notice given in execution of the STATUTORY POWER OF SALE with respect to the real property or any part thereof. Grantor waives any right to require the marshaling of any of its assets in connection with any disposition conducted pursuant hereto. In the event all or part of the Property is included at any foreclosure sale conducted pursuant hereto, a single total price for the Property, or such part thereof as is sold, may be accepted by Collateral Agent with no obligation to distinguish between the application of such proceeds amongst the property comprising the Property.

Appears in 1 contract

Samples: Credit Agreement (Hechinger Co)

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