Conduct of the Sale. Our Sales are public auctions which persons may attend and you should take the opportunity to do so. We do reserve the right at our sole discretion to refuse admission to our premises or to any Sale without stating a reason. We have complete discretion as to whether the Sale proceeds, whether any Lot is included in the Sale, the manner in which the Sale is conducted and we may offer Lots for sale in any order we choose notwithstanding the numbers given to Lots in the Catalogue. You should therefore check the date and starting time of the Sale, whether there have been any withdrawals or late entries. Remember that withdrawals and late entries may affect the time at which a Lot you are interested in is put up for Sale. We have complete discretion to refuse any bid, to nominate any bidding increment we consider appropriate, to divide any Lot, to combine two or more Lots, to withdraw any Lot from a Sale and, in the case of dispute, to put up any Lot for auction again. Auction speeds can exceed 150 Lots to the hour and bidding increments are generally about 10%. However these do vary from Sale to Sale and from Auctioneer to Auctioneer. Please check with the department organising the Sale for advice on this. Where a Reserve has been applied to a Lot, the Auctioneer may, in his absolute discretion, place bids (up to an amount not equalling or exceeding such Reserve) on behalf of the Seller. We are not responsible to you in respect of the presence or absence of any Reserve in respect of any Lot. If there is a Reserve it will normally be no higher than the lower figure for any Estimate in the Catalogue, assuming that the currency of the Reserve has not fluctuated adversely against the currency of the Estimate. The Buyer will be the Bidder who makes the highest bid acceptable to the Auctioneer for any Lot (subject to any applicable Reserve) to whom the Lot is knocked down by the Auctioneer at the striking of the Auctioneer’s hammer. Any dispute as to the highest acceptable bid will be settled by the Auctioneer in his absolute discretion. All bids tendered will relate to the actual Lot number announced by the Auctioneer. An electronic currency converter may be used at the Sale. This equipment is provided as a general guide as to the equivalent amount in certain currencies of a given bid. We do not accept any responsibility for any errors which may occur in the use of the currency converter. We may use video cameras to record the Sale and may record telephone calls fo...
Conduct of the Sale. From and after the entry of the Approval Order:
Conduct of the Sale. Subject to the entry of the Approval Order, the Agent shall be permitted to conduct the Sale in accordance with the Approval Order. In addition to any other rights granted to Agent hereunder, in conducting the Sale, Agent, in the exercise of its sole discretion, shall have the following rights, limited only by the Sale Guidelines:
Conduct of the Sale. 4.1 JNA shall conduct a Sale with respect to the Merchandise at the Stores on the terms and conditions set forth herein. The Sale shall commence in respect of all of the Stores on the Sale Commencement Date, unless such other date is otherwise mutually agreed to by JNA and the Debtors. JNA shall conclude the Sale at each Store not later than the Sale Termination Date for such Store. JNA shall give the Debtors at least two business days' prior notice of the date on which JNA intends to conclude the Sale at each Store. JNA shall vacate each of the Stores and leave each Store broom clean as provided by Section 17 on or prior to the Sale Termination Date for such Store as set forth on Exhibit B-1 or B-2 hereto; provided, however, that JNA shall be entitled to leave and shall leave any Store Fixtures and Equipment and unused Supplies, without any fee, cost or expense to JNA. JNA shall promptly liquidate all Merchandise in the Stores remaining unsold on the Sale Termination Date. All monies received upon such liquidation shall constitute Proceeds subject to the terms of this Agreement.
Conduct of the Sale. Historics reserves the right, without giving any reasons, to withdraw any Lot from the Sale or to cancel any auction in respect of the Lot at any time prior to the moment When the Hammer Falls. Historics' decision as to whether or not a Bid has been validly made shall be determinative.
Conduct of the Sale. Listing of the Rights The Parties shall mutually cooperate to secure a sale of the Rights pursuant to paragraph 7. above and Centurion will expeditiously appoint all and any necessary professional advisers to effect such sale.
Conduct of the Sale. Agent shall conduct the Sale in the manner in which Agent in its discretion reasonably deems fit, including, but not limited to, advertising, pricing of Merchandise, number and type of personnel, Store hours, Store maintenance and security, all in accordance with the applicable Store lease as may be modified by the Approval Order. Agent shall conduct the Sale in a commercially reasonable manner in accordance with the terms of this Agreement and the Approval Order. Unless otherwise agreed by Merchant, Agent shall only advertise the Sale as a "Store Closing Sale" or "Bankruptcy Court Authorized Store Closing Sale" with reference to the specific Store location, subject to the terms of the Approval Order. Merchant will have the right to approve, within two (2) business days of notification to Merchant, all advertising prior to any commitment being made therefor by Agent; provided, however, that Merchant's approval shall not be unreasonably withheld and any failure by Merchant to respond to any advertising so submitted (other than any direct mailing to Merchant's customers) within two (2) business days shall be deemed approved. All advertising shall be sent to Daniel H. Levy and W. Edward Clingman, Jr. via facsimile number (000) 000-0000. Agent xxxxxxxxxx xxxx Xxrchant's name has an estxxxxxxxx xxxxxation for quality in the community and shall conduct the Sale in a manner consistent with Merchant's reputation.
Conduct of the Sale
