Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 36 contracts
Samples: Loan and Security Agreement (Sigma Designs Inc), Loan and Security Agreement (Adaytum Software Inc), Loan and Security Agreement (Microlog Corp)
Standards for Determining Commercial Reasonableness. Borrower and Silicon PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconPFG, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 9 contracts
Samples: Loan and Security Agreement (Sonic Foundry Inc), Term Loan and Security Agreement (Bioject Medical Technologies Inc), Intellectual Property Security Agreement (Mattersight Corp)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 8 contracts
Samples: Loan and Security Agreement (Click2learn Inc/De/), And Security Agreement (Exabyte Corp /De/), Loan and Security Agreement (Alibris Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-non- specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 8 contracts
Samples: Loan and Security Agreement (Natus Medical Inc), Loan and Security Agreement (Intek Information Inc), Loan and Security Agreement (DTM Corp /Tx/)
Standards for Determining Commercial Reasonableness. Borrower and Silicon GBC agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconGBC, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 6 contracts
Samples: Loan and Security Agreement (Submicron Systems Corp), Security Agreement (Paradigm Technology Inc /De/), Loan and Security Agreement (Com21 Inc)
Standards for Determining Commercial Reasonableness. The Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to the Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 4 contracts
Samples: Loan Agreement (Natural Gas Vehicle Systems Inc), Loan and Security Agreement (Vision Solutions Inc), Loan and Security Agreement (Fleming Standish)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 4 contracts
Samples: Loan and Security Agreement (Cypress Communications Holding Co Inc), Loan and Security Agreement (P Com Inc), Loan and Security Agreement (P Com Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon ORIX agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconORIX, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon ORIX may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon ORIX shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 4 contracts
Samples: Loan and Security Agreement (Tangoe Inc), Loan and Security Agreement (Broadsoft Inc), Loan and Security Agreement (Tangoe Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 3 contracts
Samples: Loan and Security Agreement (Adexa Inc), Loan and Security Agreement (Cambridge Heart Inc), Loan and Security Agreement (Truevision Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon Multiplier agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconMultiplier, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon Multiplier may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon Multiplier shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 3 contracts
Samples: Loan and Security Agreement (Winc, Inc.), Loan and Security Agreement (Winc, Inc.), Loan and Security Agreement (Winc, Inc.)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five (5) days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 3 contracts
Samples: Loan Modification Agreement (Picis Inc), Loan Modification Agreement (Picis Inc), Loan and Security Agreement (Callidus Software Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconPFG, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 2 contracts
Samples: Loan and Security Agreement (Composite Technology Corp), Loan and Security Agreement (Cardiovascular Systems Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon Coast agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconCoast, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (viVi) With respect to any sale of any of the Collateral, Silicon Coast may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon Coast shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 2 contracts
Samples: Loan and Security Agreement (Jore Corp), Loan and Security Agreement (Jore Corp)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m. (in the time zone where collateral is located); (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 2 contracts
Samples: Security Agreement (Endocardial Solutions Inc), Security Agreement (Endocardial Solutions Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon Greyrock agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconGreyrock, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon Greyrock shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 2 contracts
Samples: And Security Agreement (Software Technologies Corp/), And Security Agreement (Software Technologies Corp/)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be The commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific nonspecific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 2 contracts
Samples: Loan and Security Agreement (Omnicell Com /Ca/), Loan and Security Agreement (Omnicell Inc /Ca/)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition by Silicon or its agent (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice notice of the sale describes the collateral in general, non-specific terms; (iii) The the sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The the sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With with respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 2 contracts
Samples: Security Agreement (Lionbridge Technologies Inc /De/), Loan Agreement (Lionbridge Technologies Inc /De/)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconSilicon in such notices, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; and (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cogent Communications Group Inc), Security Agreement (Cogent Communications Group Inc)
Standards for Determining Commercial Reasonableness. The Borrower and Silicon agree that a sale Sale or other disposition (collectively, "saleSale") of any Collateral which complies with the following standards will shall conclusively be deemed to be commercially reasonable: (ia) Notice notice of the sale Sale is given to the Borrower at least seven 10 days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least seven 10 days before the sale Sale in a newspaper of general circulation in the county where the sale Sale is to be conducted; (iib) Notice notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (iiic) The sale the Sale is conducted at a place designated by Silicon, with or without the Collateral being present; (ivd) The sale the Sale commences at any time between 8:00 a.m. and 6:00 p.m; (ve) Payment payment of the purchase price in cash or by cashier's check or wire transfer is required; (vif) With with respect to any sale Sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Rogue Wave Software Inc /Or/)
Standards for Determining Commercial Reasonableness. The Borrower and Silicon agree that a sale or other disposition (collectively, "saleSale") of any Collateral which complies with the following standards will shall conclusively be deemed to be commercially reasonable: (ia) Notice notice of the sale Sale is given to the Borrower at least seven days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least seven days before the sale Sale in a newspaper of general circulation in the county country where the sale Sale is to be conducted; (iib) Notice notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (iiic) The sale the Sale is conducted at a the place designated by Silicon, with or without the Collateral being present; (ivd) The sale the Sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (ve) Payment payment of the purchase price in cash or by cashier's check or wire transfer is required; (vif) With with respect to any sale Sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan Modification Agreement (Cascade Microtech Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon Lender agree that a sale or other disposition (collectively, "sale"“Sale”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice notice of the sale Sale is given to Borrower at least seven ten days prior to the saleSale, and, in the case of o f a public saleSale, notice of the sale Sale is published at least seven five days before the sale date of the Sale in a newspaper of general circulation in the county where the sale Sale is to be conducted; (ii) Notice notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (iii) The sale the Sale is conducted at a place designated by SiliconLender, with or without the Collateral being present; (iv) The sale the Sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With with respect to any sale Sale of any of the Collateral, Silicon Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. The Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to the Borrower at least seven * days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven * days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific nonspecific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. * TEN
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; and (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower Debtor and Silicon GBC agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower Debtor at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconGBC, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower Debtor any and all information concerning the same. Silicon GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Security Agreement (Sa Telecommunications Inc /De/)
Standards for Determining Commercial Reasonableness. Borrower and Silicon Coast agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (ia) Notice of the sale is given to Borrower at least seven (7) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten (10) days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (iib) Notice of the sale describes the collateral in general, non-specific terms; (iiic) The sale is conducted at a place designated by SiliconCoast, with or without the Collateral being present; (ivd) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (ve) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vif) With respect to any sale of any of the Collateral, Silicon Coast may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon Coast shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Transcend Services Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonablereasonable *: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five ** days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. * WITH RESPECT TO SUCH ASPECTS OF SUCH SALE ** TEN
Appears in 1 contract
Samples: Loan and Security Agreement (First Virtual Communications Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least least* seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven least* days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; **(vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. *10 **AND
Appears in 1 contract
Samples: Loan and Security Agreement (Verso Technologies Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Globecomm Systems Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT --------------------------------------------------------------------------------
Appears in 1 contract
Standards for Determining Commercial Reasonableness. The Borrower and Silicon agree that a sale or other disposition (collectively, "saleSale") of any Collateral which complies with the following standards will shall conclusively be deemed to be commercially reasonable: (ia) Notice notice of the sale Sale is given to the Borrower at least seven days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least seven days before the sale Sale in a newspaper of general circulation in the county where the sale Sale is to be conducted; (iib) Notice notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (iiic) The sale the Sale is conducted at a place designated by Silicon, with or without the Collateral being present; (ivd) The sale the Sale commences at any time between 8:00 a.m. and 6:00 p.m; (ve) Payment payment of the purchase price in cash or by cashier's check or wire transfer is required; (vif) With with respect to any sale Sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven least* days prior to the sale, and, in the case of a public sale, notice of the sale is is, published at least seven least* days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. *TEN (10)
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower Borrower, Agent and Silicon Lenders agree that a sale or other disposition (collectively, "sale"“Sale”) of any Collateral which complies with the following standards will conclusively conclu-sively be deemed to be commercially reasonable: (i) Notice notice of the sale Sale is given to Borrower at least seven ten days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least seven five days before the sale date of the Sale in a newspaper of general circulation in the county where the sale Sale is to be conducted; (ii) Notice notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (iii) The sale the Sale is conducted at a place designated by SiliconAgent, with or without the Collateral being present; (iv) The sale the Sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With with respect to any sale Sale of any of the Collateral, Silicon Agent may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon Agent shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. The Borrower and Silicon the Bank agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice notice of the sale is given to the Borrower at least seven days prior to the sale, and, and in the case of a public sale, notice of the sale is published at least seven ten days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice notice of the sale describes the collateral in general, non-specific terms; (iii) The the sale is conducted at a place designated by Siliconthe Bank, with or without the Collateral being present; (iv) The the sale commences at any time between 8:00 a.m. am and 6:00 p.mp.m.; (v) Payment payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With with respect to any sale of any of the Collateral, Silicon the Bank may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to The Bank may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Student Advantage Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon Coast agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconCoast, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon Coast may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon Coast shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Delphi Information Systems Inc /De/)
Standards for Determining Commercial Reasonableness. The Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to the Borrower at least seven * days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven * days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. * TEN
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven least* days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven least* days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; **(vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. *10 **AND
Appears in 1 contract
Samples: Loan and Security Agreement (Verso Technologies Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconPFG, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check ’s cheek or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Security Agreement (Comverge, Inc.)
Standards for Determining Commercial Reasonableness. Borrower and Silicon PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconPFG, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; and (vi) With respect to any sale of any of the Collateral, Silicon PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon GBC agree that a sale or other disposition (collectively, "sale"SALE) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconGBC, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-non- specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the -50- SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT -------------------------------------------------------------------------------- Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon Lender agree that a sale or other disposition (collectively, "sale"“Sale”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice notice of the sale Sale is given to Borrower at least seven ten days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least seven five days before the sale date of the Sale in a newspaper of general circulation in the county where the sale Sale is to be conducted; (ii) Notice notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (iii) The sale the Sale is conducted at a place designated by SiliconLender, with or without the Collateral being present; (iv) The sale the Sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With with respect to any sale Sale of any of the Collateral, Silicon Lender may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon Lender shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. Square 1 Bank Loan and Security Agreement
Appears in 1 contract
Samples: Loan and Security Agreement (Xplore Technologies Corp)
Standards for Determining Commercial Reasonableness. Borrower Each Obligor and Silicon PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower such Obligor at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconPFG, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower an Obligor any and all information concerning the same. Silicon PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. Partners for Growth Loan and Security Agreement
Appears in 1 contract
Samples: Loan and Security Agreement (Healthcare Corp of America)
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven * days prior before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific termssale; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT -------------------------------------------------------------------------------- purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Quinton Cardiology Systems Inc)
Standards for Determining Commercial Reasonableness. The Borrower and Silicon agree that a sale or other disposition (collectively, "saleSale") of any Collateral which complies with the following standards will shall conclusively be deemed to be commercially reasonable: (ia) Notice notice of the sale Sale is given to the Borrower at least seven days prior to the saleSale, and, in the case of a public saleSale, notice of the sale Sale is published at least seven days before the sale Sale in a newspaper of general circulation in the county where the sale Sale is to be conducted; (iib) Notice notice of the sale Sale describes the collateral Collateral in general, non-specific terms; (iiic) The sale the Sale is conducted at a place designated designed by Silicon, with or without the Collateral being present; (ivd) The sale the Sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (ve) Payment payment of the purchase price in cash or by cashier's check or wire transfer is required; (vif) With with respect to any sale Sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan Modification Agreement (Oregon Baking Co Dba Marsee Baking)
Standards for Determining Commercial Reasonableness. Borrower and Silicon Greyrock agree that a sale or other disposition (collectively, "sale"SALE) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconGreyrock, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon Greyrock shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that among other methods a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower Each Obligor and Silicon PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower such Obligor at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconPFG, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower an Obligor any and all information concerning the same. Silicon PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Security Agreement (Selway Capital Acquisition Corp.)
Standards for Determining Commercial Reasonableness. Each Borrower and Silicon PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to such Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconPFG, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from such Borrower any and all information concerning the same. Silicon PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower Debtor and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower Debtor at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower Debtor any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Security Agreement (Quinton Cardiology Systems Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconPFG, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Photonix Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon GBC agree that a sale or other disposition (collectively, "sale") of any Collateral * which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days ** prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconGBC, with or without the Collateral * being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral*, Silicon GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon GBC shall be free to employ other methods of noticing and selling the Collateral*, in its discretion, if they are commercially reasonable.. *EQUIPMENT **BUSINESS DAYS
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, Collateral in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Lightspan Partnership Inc)
Standards for Determining Commercial Reasonableness. The Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to the Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-non- specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. The Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will shall conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to the Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral Collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Metro One Telecommunications Inc)
Standards for Determining Commercial Reasonableness. Borrower and Silicon PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconPFG, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all alt information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-non- specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be Silicon Valley Bank Loan and Security Agreement commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven five days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the Silicon Valley Bank Loan and Security Agreement collateral in general, non-specific nonspecific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards and applicable law will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Terayon Communication Systems)
Standards for Determining Commercial Reasonableness. Borrower and Silicon GBC agree that a sale or other disposition (collectively, "sale"SALE) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven * days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconGBC, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon GBC may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon GBC shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.. * TEN
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon the Bank agree that a sale or other disposition (collectively, "saleSale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice notice of the sale Sale is given to Borrower at least seven ten days prior to the saleSale, and, and in the case of a public sale, Sale notice of the sale Sale is published at least seven five days before the sale Sale in a newspaper of general circulation in the county where the sale Sale is to be conducted; (ii) Notice notice of the sale Sale describes the collateral in general, non-specific terms; (iii) The sale the Sale is conducted at a place designated by Siliconthe Bank, with or without the Collateral being present; (iv) The sale the Sale commences at any time between 8:00 a.m. and 6:00 p.mp.m., local time; (v) Payment of the purchase price is paid in cash or by cashier's check or wire transfer is requiredtransfer; and (vi) With with respect to any sale Sale of any of the Collateral, Silicon the Bank may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon The Bank shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Standards for Determining Commercial Reasonableness. Borrower and Silicon PFG agree that a sale or other disposition (collectively, "“sale"”) of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven ten days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven ten days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconPFG, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.mp.m.; (v) Payment of the purchase price in cash or by cashier's ’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon PFG may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon PFG shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Security Agreement (Sonics, Inc.)
Standards for Determining Commercial Reasonableness. The Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to the Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. am. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.all
Appears in 1 contract
Samples: Loan and Security Agreement (Kofax Image Products Inc)
Standards for Determining Commercial Reasonableness. The Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to the Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral Collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from the Borrower any and all information concerning the same. Silicon shall be free to may employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Power Technology Inc)
