Common use of Private Sale Clause in Contracts

Private Sale. Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(d) hereof conducted in a commercially reasonable manner. Pledgor hereby waives any claims against Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Obligations, even if Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Guarantor Pledge and Security Agreement (Horizon Group Properties Inc), Pledge and Security Agreement (Horizon Group Properties Inc)

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Private Sale. Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(dSection 7(d) hereof conducted in a commercially reasonable manner. Pledgor hereby waives any claims against Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender Xxxxxx accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Pledge and Security Agreement Loan # (Heritage Global Inc.), Pledge and Security Agreement Loan # (Heritage Global Inc.)

Private Sale. No Lender shall not incur any liability as a result of the sale sale, lease or other disposition of the Collateral, all or any part thereof, of the Collateral at any private sale pursuant to SECTION 6(d) hereof Section 5.01 conducted in a commercially reasonable manner. Pledgor The Obligor hereby waives any claims against any Lender arising that may arise by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender accepts the Lenders accept the first offer received and does do not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Security Agreement (Right Start Inc /Ca), Security Agreement (Right Start Inc /Ca)

Private Sale. Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(dSection 7(d) hereof conducted in a commercially reasonable manner. Pledgor hereby waives any claims against Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Heritage Global Inc.), Pledge and Security Agreement (Heritage Global Inc.)

Private Sale. Lender (a) The Holder shall not incur any no liability as a result of the sale sale, lease or other disposition of the Collateral, all or any part thereof, of the Collateral at any private sale pursuant to SECTION 6(d) hereof Section 6.01 conducted in a commercially reasonable manner. Pledgor The Obligor hereby waives any claims against Lender the Holder arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender the Holder accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 2 contracts

Samples: Security Agreement (Bio Plexus Inc), Security Agreement (Appaloosa Management Lp)

Private Sale. The Lender shall not incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(d) hereof Section 4.05 conducted in a commercially reasonable manner. Pledgor Each Obligor hereby waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender Xxxxxx accepts the first offer received and does not offer the Collateral to more than one offeree.. 4.09

Appears in 1 contract

Samples: Supplemental Agreement (Appgate, Inc.)

Private Sale. The Lender shall not incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(d) Section 4.05 hereof conducted in a commercially reasonable manner. Pledgor The Borrower hereby waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Security Agreement (Amerscan Partners Iii Lp)

Private Sale. The Lender shall not incur any liability as a ------------ result of the sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(d) hereof Section 5.05 conducted in a commercially reasonable manner. Pledgor Each Grantor hereby waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Term Loan Agreement (Micrografx Inc)

Private Sale. Lender The Lenders and the Agent shall not incur any no liability ------------- as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(d) Section 5.05 hereof conducted in a commercially reasonable manner. Pledgor The Company hereby waives any claims against Lender the Lenders arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender the Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Security Agreement (Tech Electro Industries Inc/Tx)

Private Sale. No Lender shall not incur any liability lixxxxxxx as a result of the sale sale, lease or other disposition of the Collateral, all or any part thereof, of the Collateral at any private sale pursuant to SECTION 6(d) hereof Section 5.01 conducted in a commercially reasonable manner. Pledgor The Obligor hereby waives any claims against any Lender arising that may arise by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender accepts the Lenders accept the first offer received and does do not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Securities Purchase Agreement (Right Start Inc /Ca)

Private Sale. The Lender shall not incur any no liability as a result of the sale of the Pledged Collateral, or any part thereof, at any private sale pursuant to SECTION 6(d) Section 11 hereof conducted in a commercially reasonable manner. Pledgor The Borrower hereby waives any claims against the Lender arising by reason of the fact that the price at which the Pledged Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Obligations, even if Lender the Agent accepts the first offer received and does not offer the Pledged Collateral to more than one offeree.

Appears in 1 contract

Samples: 21 Pledge Agreement (Associated Business & Commerce Insurance Corp)

Private Sale. Lender (a) Lenders shall not incur any no liability as a result of the sale sale, lease or other disposition of the Collateral, all or any part thereof, of the Collateral at any private sale pursuant to SECTION 6(d) hereof Section 5.01 conducted in a commercially reasonable manner. Pledgor Borrower hereby waives any claims against Lender Lenders arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender accepts Lenders accept the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Security Agreement (Us Dataworks Inc)

Private Sale. The Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(d) hereof Section 5.05 conducted in a commercially reasonable manner. Pledgor Each Grantor hereby waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Term Loan Agreement (Softquad Software LTD)

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Private Sale. (a) The Lender shall not incur any no liability as a result of the sale sale, lease or other disposition of the Collateral, all or any part thereof, of the Collateral at any private sale pursuant to SECTION 6(d) hereof Section 5.01 conducted in a commercially reasonable manner. Pledgor The Grantor hereby waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Credit Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree. The Lender shall have no obligation to engage in public sales and no obligation to delay the sale of any Collateral for the period of time necessary to permit the issuer thereof to register it for public sale.

Appears in 1 contract

Samples: Security Agreement (Soluna Holdings, Inc)

Private Sale. The Lender shall not incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(d) Section 4.05 hereof conducted in a commercially reasonable manner. The Pledgor hereby waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Pledge of Shares Agreement (Global Crossing LTD)

Private Sale. Lender shall not incur any no liability as a result of the sale of the Pledged Collateral, or any part thereof, at any private sale pursuant to SECTION 6(dSection 9(d) hereof conducted in a commercially reasonable mannermanner and in accordance with the Code. Pledgor Borrower hereby waives any claims against Lender arising by reason of the fact that the price at which the Pledged Collateral may have been sold at any such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender accepts the first offer received and does not offer the Pledged Collateral to more than one offeree.

Appears in 1 contract

Samples: Defeasance Pledge and Security Agreement (Glimcher Realty Trust)

Private Sale. (a) The Lender shall not incur any no liability as a result of the sale sale, lease or other disposition of the Collateral, all or any part thereof, of the Collateral at any private sale pursuant to SECTION 6(d) hereof Section 6.01 conducted in a commercially reasonable manner. Pledgor The Borrower hereby waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured 23 Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Security Agreement (Next Level Communications Inc)

Private Sale. The Lender shall not incur any no liability as a result of the any sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(d) hereof this Article V conducted in a commercially reasonable manner. Each Pledgor hereby waives any claims against the Lender arising by reason of the fact that the price at which the Collateral or any portion thereof may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral or any portion thereof to more than one offeree.

Appears in 1 contract

Samples: Pledge Agreement (Set Top International Inc)

Private Sale. Lender The Agent and the Lenders shall not incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(d) Section 5.05 hereof conducted in a commercially reasonable manner. Pledgor The Borrower hereby waives any claims against the Agent or any Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if Lender the Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Guarantee Agreement (Journal Register Co)

Private Sale. The Lender shall not incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to SECTION 6(d) hereof Section 4.05 conducted in a commercially reasonable manner. Pledgor The Customer hereby waives any claims against the Lender arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price which that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Lender accepts the first offer received and does not offer the Collateral to more than one offeree.

Appears in 1 contract

Samples: Security Agreement (Xm Satellite Radio Inc)

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