Common use of Private Sale Clause in Contracts

Private Sale. The Secured Party shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 conducted in a commercially reasonable manner. The Borrower hereby waives any claims against the Secured Party 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 the Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 6 contracts

Samples: Security Agreement, Security Agreement, Security Agreement

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Private Sale. The Secured Party Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 4.05 conducted in a commercially reasonable manner. The Borrower hereby waives any claims against the Secured Party Parties 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 Secured Party Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 5 contracts

Samples: Pledge and Security Agreement (Petersen Energia Inversora, S.A.), Pledge and Security Agreement (Petersen Energia Inversora, S.A.), Security Agreement (Petersen Energia Inversora, S.A.)

Private Sale. The Secured Party Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 6.05 conducted in a commercially reasonable manner. The Borrower Each Obligor hereby waives any claims against the Secured Party Parties 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 Secured Party Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 4 contracts

Samples: Credit Agreement (Thryv Holdings, Inc.), Guarantee and Collateral Agreement (Thryv Holdings, Inc.), Guarantee and Collateral Agreement (Thryv Holdings, Inc.)

Private Sale. The Secured Party shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 4.05 conducted in a commercially reasonable manner. The Borrower Grantor hereby waives any claims against the Secured Party 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 Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 3 contracts

Samples: Security Agreement (Jubilant Generics Inc.), Security Agreement (American Lithium Minerals, Inc.), Security Agreement (American Lithium Minerals, Inc.)

Private Sale. The Secured Party shall not incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to this Section 5.02 11 hereof conducted in a commercially reasonable manner. The Borrower Pledgor hereby waives any claims against the Secured Party 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 the Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 3 contracts

Samples: Pledge Agreement (Polymet Mining Corp), Pledge Agreement (Glencore Holding Ag), Security Agreement (Polymet Mining Corp)

Private Sale. The No Secured Party shall incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 5.01(e) conducted in a commercially reasonable manner. The Borrower Each Obligor hereby waives any claims against the Secured Party 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 Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Intelsat LTD), Pledge and Security Agreement (Loral Space & Communications LTD)

Private Sale. (a) The Secured Party shall incur 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 5.02 4.01 conducted in a commercially reasonable manner. The Borrower Company hereby waives any claims against the Secured Party 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 Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 2 contracts

Samples: Security Agreement (Nu Tech Bio Med Inc), Security Agreement (JLB of Nevada Inc)

Private Sale. The Secured Party shall incur 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 5.02 SECTION 6.02 conducted in a commercially reasonable manner. The Borrower Obligor hereby waives any claims against the Secured Party 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 Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 2 contracts

Samples: Security Agreement (Santa Fe Gaming Corp), Security Agreement (Santa Fe Gaming Corp)

Private Sale. The Secured Party shall not incur no any liability as a result of the a private sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 6(b) hereof conducted in a commercially reasonable mannergood faith. The Borrower Debtors hereby waives waive any claims against the Secured Party arising by the reason of the fact that the price at which the Collateral Collateral, as the case may be, 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 Obligations, even if the Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 2 contracts

Samples: Security Agreement (Commerce One Inc / De/), Security Agreement (Commerce One Inc / De/)

Private Sale. (a) The Secured Party shall incur 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 5.02 4.1 conducted in a commercially reasonable manner. The Borrower Company hereby waives any claims against the Secured Party 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 Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 2 contracts

Samples: Security Agreement (First Montauk Financial Corp), Security Agreement (Authentidate Holding Corp)

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Private Sale. The No Secured Party shall incur no any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 4.05 conducted in a commercially reasonable manner. The Borrower Each Obligor hereby waives any claims against the Secured Party Parties 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 Secured Party Collateral Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Iridium Facilities Corp), Pledge and Security Agreement (Iridium Operating LLC)

Private Sale. The Secured Party shall not incur no any liability as a result of the a private sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 6.03 conducted in a commercially reasonable manner. The Borrower Pledgor hereby waives any claims against the Secured Party 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 Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was is conducted in a commercially reasonable manner.

Appears in 2 contracts

Samples: Share Pledge Agreement (Motient Corp), Subordinate Share Pledge Agreement (Motient Corp)

Private Sale. (a) The Secured Party shall will incur 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 5.02 6.01 conducted in a commercially reasonable manner. The Borrower Debtor hereby waives any claims against the Secured Party 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 Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 2 contracts

Samples: Security Agreement (Genesisintermedia Com Inc), Security Agreement (Genesisintermedia Com Inc)

Private Sale. The Secured Party Parties shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 5.05 conducted in a commercially reasonable manner. The Borrower Each Securing Party hereby waives any claims against the Secured Party Parties 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 Secured Party Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 1 contract

Samples: Credit Agreement (HMS Holdings Corp)

Private Sale. The Secured Party shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 conducted in a commercially reasonable manner. The Borrower hereby waives any claims against the Secured Party 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 the Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 1 contract

Samples: Security Agreement

Private Sale. The Secured Party shall not incur no any liability as a result of the a private sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.02 6(b) hereof conducted in a commercially reasonable mannergood faith. The Borrower Debtor hereby waives any claims against the Secured Party arising by the reason of the fact that the price at which the Collateral Collateral, as the case may be, 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 Obligations, even if the Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, so long as such private sale was conducted in a commercially reasonable manner.

Appears in 1 contract

Samples: Security Agreement (Bio Plexus Inc)

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