Common use of Private Sale Clause in Contracts

Private Sale. Neither the Administrative Agent nor any other Secured Creditor shall incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any and the other Secured Creditor Lenders shall 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 5.5 5.04 conducted in a commercially reasonable manner. Each The Obligor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Pledged Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.05 hereof conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall ------------ incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 6.05 hereof conducted in a commercially reasonable manner. Each Obligor Parent Guarantor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.05 hereof conducted in a commercially reasonable manner. Each Obligor The Company hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.. 5.09

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any ------------ no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.05 hereof conducted in a commercially reasonable manner. Each Obligor Securing Party hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.05 hereof conducted in a commercially reasonable manner. Each Obligor The Parent hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Banks shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 4.05 hereof conducted in a commercially reasonable manner. Each Obligor The Company hereby waives any claims against the Administrative Agent or any other Secured Creditor Bank 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the Administrative Agent nor any other The Secured Creditor Parties shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.05 conducted in a commercially reasonable mannermanner and conducted in conformity with the requirements of applicable Gaming Laws. Each Obligor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 4.05 conducted in a commercially reasonable manner. Each Obligor The Borrower hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.05 conducted in a commercially reasonable manner. Each Obligor Securing Party hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.05 hereof conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 4.05 conducted in a commercially reasonable manner. Each Obligor The Pledgor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first Pledge Agreement offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the Administrative Agent nor any other Secured Creditor Party shall incur any liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.07 conducted in a commercially reasonable manner. Each Obligor Borrower hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.05 hereof conducted in a commercially reasonable manner. Each Obligor The Company hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Security Agreement Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall ------------ incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.05 hereof conducted in a commercially reasonable manner. Each Obligor Securing Party hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other and the holder of Secured Creditor Obligations shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.05 conducted in a commercially reasonable manner. Each Obligor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders ------------ shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 6.05 hereof conducted in a commercially reasonable manner. Each Obligor The Parent Guarantor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 7.04 conducted in a commercially reasonable manner. Each Obligor Guarantor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any and the other Secured Creditor Parties shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 4(e) conducted in a commercially reasonable manner. Each Obligor Grantor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 4.05 hereof conducted in a commercially reasonable manner. Each Obligor The Pledgor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither The Agent and the Administrative Agent nor any other Secured Creditor Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 6.05 hereof conducted in a commercially reasonable manner. Each Obligor Guarantor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been Subsidiary Guarantee and Security Agreement - 13 154 obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 6.05 hereof conducted in a commercially reasonable manner. Each Obligor Subsidiary Guarantor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any other Secured Creditor and the Lenders shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 6.05 hereof conducted in a commercially reasonable manner. Each Obligor Subsidiary Guarantor hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 Subsidiary Guarantee and Security Agreement than the price that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither The Agent, the Administrative Agent nor any other Secured Creditor Banks and the holders of Other Indebtedness shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 5.05 hereof conducted in a commercially reasonable manner. Each Obligor The Borrower hereby waives any claims against the Administrative Agent or any other Secured Creditor Bank 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 that which might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.

Private Sale. Neither the The Administrative Agent nor any and the other Secured Creditor Parties shall incur any no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to Section 5.5 4.05 conducted in a commercially reasonable manner. Each Obligor The Company hereby waives any claims against the Administrative Agent or any other Secured Creditor 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 that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Administrative Agent accepts the first offer received and does not offer the Collateral to more than one offeree.