Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 50 contracts
Samples: Credit and Guaranty Agreement, Credit and Guaranty Agreement (TerraForm Power, Inc.), Asset Purchase Agreement (Armstrong Coal Company, Inc.)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 46 contracts
Samples: Indenture (Fresh Market Holdings, Inc.), Intercreditor Agreement (Lannett Co Inc), Collateral Agreement (Fresh Market Holdings, Inc.)
Separate Sales. The To the extent allowed by applicable law, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Mortgagee, in its sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 18 contracts
Samples: Security Agreement and Fixture Filing (Ascendia Brands, Inc.), Securities Purchase Agreement (Minrad International, Inc.), Ascendia Brands, Inc.
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Trustee in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 9 contracts
Samples: Security Agreement (Houghton Mifflin Harcourt Co), Security Agreement (Houghton Mifflin Harcourt Co), Credit Agreement (Dean Foods Co)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Beneficiary in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 8 contracts
Samples: Credit Agreement (Enviva Partners, LP), Credit Agreement (Enviva Partners, LP), Credit and Guaranty Agreement (Enviva Partners, LP)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Trustee in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 7 contracts
Samples: Credit Agreement (Skilled Healthcare Group, Inc.), Credit Agreement (Skilled Healthcare Group, Inc.), Security Agreement (Arterial Vascular Engineering Inc)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion discretion, may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 7 contracts
Samples: Security Agreement and Fixture Filing (NorthStar Healthcare Income, Inc.), Mortgage Modification Agreement (Acadia Realty Trust), Credit Agreement (Uap Holding Corp)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Mortgagee, in its sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 5 contracts
Samples: Credit Agreement (Energy & Exploration Partners, Inc.), Credit Agreement (Brigham Exploration Co), Subordinated Credit Agreement (Brigham Exploration Co)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Mortgagee, in its sole discretion discretion, may elect; the direct. The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 4 contracts
Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Trustee, in its his sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 4 contracts
Samples: Lease Agreement (Westway Group, Inc.), Lease Agreement (Westway Group, Inc.), Westway Group, Inc.
Separate Sales. The To the extent not prohibited under the Subject Lease, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Grantee in its sole discretion may elect; the direct. The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 4 contracts
Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)
Separate Sales. The Mortgaged Property may be sold in -------------- one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 4 contracts
Samples: Sandhills Inc, Sandhills Inc, Sandhills Inc
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner it being expressly understood and order as Mortgagee in its sole discretion may elect; agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more salessales but other and successive sales may be made until all of the Mortgaged Property has been sold or until the Indebtedness has been fully satisfied.
Appears in 4 contracts
Samples: Collateral Trust Agreement (Calpine Corp), Collateral Trust Agreement (Calpine Corp), Collateral Trust Agreement (Calpine Corp)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole commercially reasonable discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 4 contracts
Samples: www.sec.gov, Hologic Inc, Hologic Inc
Separate Sales. The To the extent permitted by law upon and during the continuation of an Actionable Default, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Mortgagee, in its sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Actionable Default shall not be exhausted by any one or more sales.
Appears in 3 contracts
Samples: Statement and Security Agreement (Midwest Generation LLC), Statement and Security Agreement (Midwest Generation LLC), Midwest Generation LLC
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such other manner and order as Mortgagee in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 3 contracts
Samples: Intercreditor Agreement, Put Option Agreement, Securities Purchase Agreement
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such other manner and order as Mortgagee in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 3 contracts
Samples: Intercreditor Agreement (Armstrong Coal Company, Inc.), Security Agreement (Armstrong Resource Partners, L.P.), Security Agreement (Armstrong Energy, Inc.)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Trustee, in its his sole discretion discretion, may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 3 contracts
Samples: Credit Agreement (Uap Holding Corp), Security Agreement and Fixture Filing (360 Global Wine Co), Behringer Harvard Short Term Opportunity Fund I Lp
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the right of sale arising out of any the occurrence and continuance of an Event of Default shall not be exhausted by any one or more sales.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Fairmount Santrol Holdings Inc.), Intercreditor Agreement (Fairmount Santrol Holdings Inc.), Credit and Guaranty Agreement (Fmsa Holdings Inc)
Separate Sales. The To the extent not prohibited under the terms of any applicable Mortgaged Lease or applicable law, and subject to Section 3.2(b) hereof, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 3 contracts
Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Midstream Partners LP), Credit Agreement (CNX Coal Resources LP)
Separate Sales. The To the extent not prohibited under the terms of any applicable Mortgaged Lease, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the . The right of sale arising out of any Event of Actionable Default shall not be exhausted by any one or more sales.
Appears in 3 contracts
Samples: Joinder and Assumption Agreement (CONSOL Energy Inc), Security Agreement (Consol Energy Inc), Collateral Trust Agreement (Consol Energy Inc)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Trustee, in its sole discretion discretion, may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 3 contracts
Samples: Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT, Inc.), Deed of Trust and Security Agreement (NNN 2003 Value Fund LLC), Winston Hotels Inc
Separate Sales. The If an Event of Default shall have occurred and be continuing, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols Germany GmbH)
Separate Sales. The To the extent permitted by applicable law, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 3 contracts
Samples: Contribution Agreement (Verso Paper Holdings LLC), Central Illinois Public Service Co, Central Illinois Public Service Co
Separate Sales. The Subject to and to the fullest extent permitted by law, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Mortgagee, in its sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Open End Mortgage, Security Agreement (Westway Group, Inc.), Open End Mortgage, Security Agreement (Westway Group, Inc.)
Separate Sales. The Mortgaged Property may be sold in a foreclosure or by power of sale in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Indenture (Mallinckrodt PLC), Mortgage, Security Agreement (Mallinckrodt PLC)
Separate Sales. The To the extent not prohibited under the Subject Lease, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Trustee in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Escrow Agreement (Icg Communications Inc /De/), Security Agreement (Icg Communications Inc /De/)
Separate Sales. The Subject to applicable law, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Credit Agreement (Stonemor Partners Lp), Credit Agreement (Stonemor Partners Lp)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Lender, in its sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Record And (Roberts Realty Investors Inc), Record And (Roberts Realty Investors Inc)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Beneficiary in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Intercreditor Agreement (CAESARS ENTERTAINMENT Corp), Disbursement Agreement (CAESARS ENTERTAINMENT Corp)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the right of sale arising out of any Event of Default shall will not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Golf Trust of America Inc), Purchase and Sale Agreement (Golf Trust of America Inc)
Separate Sales. The If an Event of Default has occurred and is continuing, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Credit Agreement (Noranda Aluminum Holding CORP), Credit Agreement (Noranda Aluminum Holding CORP)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee the Mortgagee, in its sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Grantee in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Tumi Holdings, Inc.), Pledge and Security Agreement (Tumi Holdings, Inc.)
Separate Sales. The [To the extent not prohibited under the terms of any applicable Subject Lease or applicable law,](30) the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Security Agreement (Alliance Resource Partners Lp), Security Agreement (Alliance Holdings GP, L.P.)
Separate Sales. The To the extent permitted by law or Governmental Authority, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Mortgagee, in its sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Credit Agreement (Calpine Corp), Rents and Security Agreement (Calpine Corp)
Separate Sales. The To the extent not prohibited under the terms of any applicable Mortgaged Lease, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Beneficiary in its sole discretion may elect; the . The right of sale arising out of any Event of Actionable Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Collateral Trust Agreement (Consol Energy Inc), Security Agreement (Consol Energy Inc)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Supplemental Indenture (Office Properties Income Trust), Indenture (Diversified Healthcare Trust)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Lender in its sole discretion discretion, may elect, subject to applicable law; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust), Security Agreement and Fixture Filing (Glimcher Realty Trust)
Separate Sales. The To the extent allowed by applicable law, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Mortgagee, in its sole discretion but reasonable discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Samples: Intercreditor Agreement (Angiotech Pharmaceuticals Inc)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the right of sale arising out of any Event of Secured Debt Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Beneficiary in its sole discretion may electelect in accordance with any applicable Requirement of Law; the right of sale arising out of any Event of Default shall not be exhausted by any one or more salessales described in the foregoing sentence.
Appears in 1 contract
Samples: Del Laboratories Inc
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one anyone or more sales.
Appears in 1 contract
Samples: Pledge and Security Agreement (AbitibiBowater Inc.)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Agent in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Agent, in its sole discretion discretion, may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Separate Sales. The Mortgaged Mortgage Property may be sold in one or more parcels and in such manner and order as Mortgagee Mortgagee, in its sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Samples: Loan Agreement
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may electdirect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Acura Pharmaceuticals, Inc)
Separate Sales. The To the extent permitted by applicable law, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Mortgagee, in its sole discretion discretion, may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Samples: Winston Hotels Inc
Separate Sales. The As more particularly set forth in Section 10.4, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may electdirect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (Dixie Group Inc)
Separate Sales. The To the extent permitted by applicable Legal Requirements, the Mortgaged Property may be sold in one or more parcels Parcels and in such manner and order as Mortgagee Beneficiary, in its sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Samples: Block Communications Inc
Separate Sales. The Mortgaged Property may may, upon the occurrence and during the continuance of an Event of Default, be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion Beneficiary (at the direction of the Control Party (at the direction of the Controlling Class Representative)) may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Samples: Base Indenture (DineEquity, Inc)
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; . To the extent permitted by applicable law, the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Separate Sales. The To the extent not prohibited under the terms of any applicable Subject Lease, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Foresight Energy LP)
Separate Sales. The As to any sale in accordance with Section 5.1(d), the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Lender in its sole discretion discretion, may elect; the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Separate Sales. The To the extent permitted by law or Legal Requirements upon and during the continuation of an Event of Default, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Mortgagee, in its sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee in its sole discretion Beneficiary (at the direction of the Control Party (at the direction of the Controlling Class Representative)) may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Samples: Base Indenture (Wendy's Co)
Separate Sales. The To the extent not prohibited under the terms of any applicable Mortgaged Lease, the Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Trustee in its sole discretion may elect; the . The right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
Separate Sales. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Mortgagee Trustee, in its sole discretion discretion, may elect; , it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales.
Appears in 1 contract
