Common use of Certain Sales of Pledged Collateral Clause in Contracts

Certain Sales of Pledged Collateral. The Company recognizes that, by reason of certain prohibitions contained in law, rules, regulations or orders of any Governmental Authority, the Lender may be compelled, with respect to any sale of all or any part of the Pledged Collateral, to limit purchasers to those who meet the requirements of such Governmental Authority. The Company acknowledges that any such sales may be at prices and on terms less favorable to the Lender than those obtainable through a public sale without such restrictions, and, notwithstanding such circumstances, agrees that any such restricted sale shall be deemed to have been made in a commercially reasonable manner and that, except as may be required by applicable law, the Lender shall have no obligation to engage in public sales.

Appears in 3 contracts

Sources: Security Agreement (Nephros Inc), Security Agreement (Nephros Inc), Security Agreement (Nephros Inc)