Commercial Reasonableness. To the extent that applicable law imposes duties on Agent or any Lender to exercise remedies in a commercially reasonable manner (which duties cannot be waived under such law), each Loan Party acknowledges and agrees that it is not commercially unreasonable for Agent or any Lender (a) to fail to incur expenses reasonably deemed necessary or appropriate by Agent or any Lender to prepare Collateral for disposition or otherwise to complete raw material or work in process into finished goods or other finished products for disposition, (b) to fail to obtain third party consents for access to Collateral to be disposed of, or to obtain or, if not required by other law, to fail to obtain consents of any Governmental Body or other third party for the collection or disposition of Collateral to be collected or disposed of, (c) to fail to exercise collection remedies against account debtors, secondary obligors or other Persons obligated on Collateral or to remove Liens or encumbrances on or any adverse claims against Collateral, (d) to exercise collection remedies against account debtors and other Persons obligated on Collateral directly or through the use of collection agencies and other collection specialists, (e) to advertise dispositions of Collateral through publications or media of general circulation, whether or not the Collateral is of a specialized nature, (f) to contact other Persons, whether or not in the same business as any Loan Party, for expressions of interest in acquiring all or any portion of the Collateral, (g) to hire one or more professional auctioneers to assist in the disposition of Collateral, whether or not the collateral is of a specialized nature, (h) to dispose of Collateral by utilizing Internet sites that provide for the auction of assets of the types included in the Collateral or that have the reasonable capability of doing so, or that match buyers and sellers of assets, (i) to dispose of assets in wholesale rather than retail markets, (j) to disclaim disposition warranties, (k) to purchase insurance or credit enhancements to insure Agent or Lenders against risks of loss, collection or disposition of Collateral or to provide to Agent or Lenders a guaranteed return from the collection or disposition of Collateral, or (l) to the extent deemed appropriate by Agent, to obtain the services of other brokers, investment bankers, consultants and other professionals to assist Agent in the collection or disposition of any of the Collateral. Each L...
Commercial Reasonableness. Anything contained in this Management Agreement to the contrary notwithstanding, all contracts and agreements entered into by Manager hereunder shall be commercially reasonable.
Commercial Reasonableness. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain D&O Insurance if the Company determines in good faith that such insurance is not reasonably available, the premium costs for such insurance are disproportionate to the amount of coverage provided, or the coverage is reduced by exclusions so as to provide an insufficient benefit.
Commercial Reasonableness. Wherever in this Agreement a party is required to use “commercially reasonable” efforts, the fulfillment of such requirement shall not obligate such party to initiate litigation or declare an event of default with respect to a Tenant under a Lease.
Commercial Reasonableness. By the execution of this Lease, Landlord and Tenant acknowledge that each has carefully read and reviewed this Lease and each and every term and provision contained herein. By execution hereof, Landlord and Tenant show their informed and voluntary consent to the terms of this Lease and agree that the terms of this Lease are commercially reasonable and effectuate the intent and purpose of Landlord and Tenant with respect to the Premises.
Commercial Reasonableness. All sales by Party A of Purchased hares, Payment Shares and Make-whole Shares shall be made in a commercially reasonable manner, provided that undirected sales of Purchased Shares (if any) shall not be subject to this requirement.
Commercial Reasonableness. Tenant represents and warrants that all coverages it shall maintain under this Section 21, whether self-funded, insured or both, shall be coverages that are commercially reasonable for a medical center that owns its facilities and equipment, and is not leasing its assets in a manner similar to the arrangements within this Lease.
Commercial Reasonableness. You confirm and agree this Security Procedure is commercially reasonable for purposes of this Agreement. Customer agrees that for purposes of determining whether any Security Procedure is commercially reasonable, any additional verifications that the Bank requires and any internal policies, procedures and technologies that Bank employs from time to time shall be taken into account and considered part of the agreed Security Procedure, even though they are not specifically set forth. You acknowledge that you: (i) have the option of submitting Transmitted Information via other channels (e.g., via non electronic procedures with confirmation); and (ii) have had an opportunity to propose your own unique security procedure, and you have freely selected the Security Procedure. After consultation with your own counsel, you stipulate and agree that the Security Procedure herein constitutes a “security procedure” for purposes of § 4A-201 of the Uniform Commercial Code of Nebraska. You represent that you: (a) consider yourself qualified to determine, and have, independently evaluated the risks presented by the Security Procedure; and (b) have determined that the Security Procedure is no less protective than other security procedures in use by similarly situated companies. You hereby stipulate and agree that the Security Procedure is commercially reasonable within the meaning of § 4A-202 of the Nebraska Uniform Commercial Code and that your computer and telecommunication systems and the dedicated line form a part of your transmitting facilities for purposes of § 4A-203 of the Nebraska Uniform Commercial Code.
Commercial Reasonableness. Notwithstanding any other provision of this Agreement, all obligations of Doctors Health hereunder, including, without limitation, the obligations of Doctors Health to provide assets, facilities, and services to the LLC in connection with the LLC's Practice of Medicine, shall be limited, and shall be interpreted according to, a standard of commercial reasonableness appropriate for application to primary care Medical Practices in the Baltimore, Maryland SMA as determined by Doctors Health. Doctors Health, in the performance of its obligations hereunder, including without limitation the provision of assets, facilities and services to the LLC, shall in no event be required to do anything or to make available to the LLC any asset, facility or service, that Doctors Health in good faith believes is not commercially reasonable and, subject to review under the provisions of SECTIONS 7.B and 7.C hereof, Doctors Health shall have no duty to do, or omit to do, anything that is, in the discretion of Doctors Health, commercially unreasonable.
Commercial Reasonableness. Notwithstanding any other provision of this Agreement, all obligations of the Manager hereunder, including, without limitation, the obligations of the Manager to provide assets, facilities, and services to the LLC in connection with the LLC's Practice of Medicine, shall be limited, and shall be interpreted according to, a standard of commercial reasonableness appropriate for application to primary care Medical Practices in the Montgomery County, Maryland, as determined by the Manager. The Manxxxx, xx xhe performance of its obligations hereunder, including without limitation the provision of assets, facilities and services to the LLC, shall in no event be required to do anything or to make available to the LLC any asset, facility or service, that the Manager in good faith believes is not commercially reasonable and, subject to review under the provisions of Sections 7.b and 7.c hereof, the Manager shall have no duty to do, or omit to do, anything that is, in the discretion of the Manager, commercially unreasonable.
