Separate Sales definition

Separate Sales. To the extent permitted by applicable Legal Requirements, the Mortgaged Property may be sold in one or more Parcels and in such manner and order as Trustee and Beneficiary, as applicable, in their sole discretion, may O-40 326 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. Other: Exercise any and all other rights, remedies and recourses granted under the Loan Documents or now or hereafter existing in equity or at law, by virtue of statute or otherwise, including, without limitation, the right, in the Deed of Trust States, to bring an action in any court of competent jurisdiction to foreclose this instrument as a realty mortgage or enforce any of the terms hereof. Remedies Cumulative, Concurrent and Nonexclusive: Trustee and Beneficiary shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equity (including specifically those granted by the UCC in effect and applicable to the Mortgaged Property) and, except as limited by applicable Legal Requirements, the same (a) shall be cumulative and concurrent; (b) may be pursued separately, successively or concurrently against the Grantor or against all or any portion of the Mortgaged Property, at the sole discretion of Trustee or Beneficiary, as the case may be; (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantor that the exercise or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; and (d) are intended to be, and shall be nonexclusive.
Sample 1
Separate Sales. Grantee may cause the seizure of all or any portion of the Mortgaged Property together or in lots or parcels and in such manner and order as Grantee, in its sole discretion, may elect. The foreclosure of less than the whole of the Mortgaged Property shall not exhaust the right of Grantee to institute successive foreclosures until the whole of the Mortgaged Property shall be foreclosed upon; and if the proceeds of such sale or sales of less than the whole of such Mortgaged Property shall be less than the aggregate of the Indebtedness and the expenses of foreclosure, this Mortgage and the lien, security interest and assignment hereof shall remain in full force and effect as to the unsold portion of the Mortgaged Property just as though no foreclosure had been made; provided, however, that Grantor shall never have any -------- ------- right to require the sale or sales of less than the whole of the Mortgaged Property, but Grantee shall have the right, at its sole election, to request the sale of less than the whole of the Mortgaged Property. If default is made hereunder, the holder of the Indebtedness or any part thereof on which the payment is delinquent shall have the option to proceed as if under a full foreclosure, conducting the sale as herein provided without declaring the entire Indebtedness due, and if sale is made because of default of an installment, or a part of an installment, such sale may be made subject to the unmatured portions of the Note and the Indebtedness; and such sale, if so made, shall not in any manner affect the unmatured part of the Indebtedness but as to such unmatured part, this Mortgage shall remain in full force and effect as though no sale had been made under the provisions of this paragraph. Any number of foreclosure sales may be made hereunder without exhausting the right of foreclosure for any unmatured part of the Indebtedness secured hereby.
Sample 1

Examples of Separate Sales in a sentence

  • The Company and the Operating Partnership may also in the future enter into additional equity distribution agreements (if any, the “Additional Sales Agreements” and together with the Separate Sales Agreements, the “Alternative Sales Agreements”) with one or more additional agents and/or principals.

  • The Company and the Manager may also in the future enter into additional at-the-market sales agreements (if any, the “Additional Sales Agreements” and together with the Separate Sales Agreements, the “Alternative Sales Agreements”) with one or more additional agents and/or principals.

  • Sale Procedure Among the sources for distribution under the Plan are the proceeds of sale from (i) the separate sale of the entity and separate sale of the assets ("Separate Sales") or (ii) a sale of the entity with the assets included ("Combined Sale").

  • DEFAULT AND FORECLOSURE 7 4.1 Remedies 7 4.2 Separate Sales 8 4.3 Remedies Cumulative, Concurrent and Nonexclusive 8 4.4 Release of and Resort to Collateral 8 4.5 Waiver of Redemption, Notice and Marshalling of Assets 8 4.6 Discontinuance of Proceedings 8 4.7 Application of Proceeds 8 4.8 Occupancy After Foreclosure 9 4.9 Protective Advances and Disbursements; Costs of Enforcement 9 4.10 No Mortgagee in Possession 9 5.

  • The Company and the Manager have also entered into separate sales agreements (collectively, the “Separate Sales Agreements”), dated as of even date herewith, with [●] and [●] (and, as applicable, their respective affiliates) (each, in its capacity as agent and/or principal thereunder, a “Separate Agent”), for the issuance and sale from time to time through the applicable Separate Agents on the terms set forth in the applicable Separate Sales Agreements.

  • At that time, higher and better offers, if any, will be offered and considered on the Separate Sales and the Combined Sale.

  • DEFAULT AND FORECLOSURE 4 4.1 Remedies 4 4.2 Separate Sales 5 4.3 Remedies Cumulative, Concurrent and Nonexclusive 5 4.4 Release of and Resort to Collateral 6 4.5 Waiver of Redemption, Notice and Marshalling of Assets 6 4.6 Discontinuance of Proceedings 6 4.7 Application of Proceeds 6 4.8 Occupancy After Foreclosure 6 4.9 Additional Advances and Disbursements; Costs of Enforcement 7 4.10 No Mortgagee in Possession 7 5.

  • For the avoidance of doubt, any such termination shall not affect or impair any party’s obligations with respect to any Shares sold hereunder prior to the occurrence thereof or any Shares sold under any Separate Sales Agreement.

  • The Company and the Operating Partnership have also entered into separate sales agreements (collectively, the “Separate Sales Agreements”), dated as of even date herewith, with [ ], [ ] and [ ] (and, as applicable, their respective affiliates) (each, in its capacity as agent and/or principal thereunder, a “Separate Agent”), for the issuance and sale from time to time through the applicable Separate Agents on the terms set forth in the applicable Separate Sales Agreements.

Related to Separate Sales

  • Eligible patient means an individual who meets all of the following conditions:

  • Annual Net Sales means, with respect to any Calendar Year, the aggregate amount of the Net Sales for such Calendar Year.

  • Allowable Deductions means the following costs, charges, and expenses incurred or accrued by Payor:

  • High Deductible Health Plan means a Health Plan as defined by 26 USC § 223(c)(2)(A) that also is a Qualified Health Plan.

  • Allowable Grace Period shall have the meaning assigned to such term in Section 3(p).

  • Net Sales means [***].

  • Net Sales Revenue shall have the meaning as set out in Schedule "A"

  • Sales Year means the calendar year during which the Company sold Cigarettes in a Beneficiary State requiring the deposit of QEF Principal.

  • Volumetric Production Payments means production payment obligations recorded as deferred revenue in accordance with GAAP, together with all undertakings and obligations in connection therewith.

  • Pre-Incentive Fee Net Investment Income means interest income, dividend income and any other income (including any other fees, other than fees for providing managerial assistance, such as commitment, origination, structuring, diligence and consulting fees or other fees that the Corporation receives from portfolio companies) accrued during the calendar quarter, minus the Corporation’s operating expenses for the quarter (including the Base Management Fee, expenses reimbursed to the Adviser under this Agreement and any interest expense and dividends paid on any issued and outstanding preferred stock, but excluding the Incentive Fee). Pre-Incentive Fee Net Investment Income includes, in the case of investments with a deferred interest feature (such as original issue discount debt instruments with payment-in-kind interest and zero coupon securities), accrued income that the Corporation has not yet received in cash. Pre-Incentive Fee Net Investment Income does not include any realized capital gains, realized capital losses or unrealized capital appreciation or depreciation.