Common use of Notice of Disposition of Collateral Clause in Contracts

Notice of Disposition of Collateral. Lender shall give notice of the disposition of the Collateral as follows: 12.1.11.1. Lender shall give Borrower and each holder of a Security Interest in the Collateral which has filed with Lender a written request for notice, a notice in writing of the time and place of public sale, or, if the sale is a private sale or some other disposition other than a public sale is to be made of the Collateral, then the time on or after which the private sale or other disposition is to be made; 12.1.11.2. the notice shall be personally delivered or mailed, postage prepaid, to Borrower at the address set forth herein, giving such notice as may be reasonable under the circumstance of (a.) the date fixed for the sale; or (b.) before the date on or after which the private sale or other disposition is to be made; except that no notice needs to be given prior to the disposition of any portion of the Collateral that is perishable or threatens to decline speedily in value or that is of a type customarily sold on a recognized market. Notice to Persons other than Borrower, Guarantor, or secured creditors reflected in a UCC search claiming an interest in the Collateral shall be sent to such addresses as they have furnished to Lender or as is reflected in such UCC search as the case may be; and 12.1.11.3. if the sale is to be a public sale, Lender shall also give notice of the time and place by publishing a notice one (1) time giving such notice as may be reasonable under the circumstances before the date of the sale in a newspaper of general circulation in the county in which the sale is to be held.

Appears in 2 contracts

Sources: Loan and Security Agreement (Visualant Inc), Loan and Security Agreement (Great American Group, Inc.)

Notice of Disposition of Collateral. Lender shall give notice of the disposition of the Collateral as follows: 12.1.11.1. (a) Lender shall give Borrower and each holder of a Security Interest security interest in the Collateral which who has filed with Lender a written request for notice, a notice in writing of the time and place of public sale, or, if the sale is a private sale or some other disposition other than a public sale is to be made of the Collateral, then the time on or after which the private sale or other disposition is to be made; 12.1.11.2. (b) the notice shall be personally delivered or mailed, postage prepaid, to Borrower at the address set forth herein, giving such notice as may be reasonable under the circumstance of (a.1) the date fixed for the sale; or (b.2) before the date on or after which the private sale or other disposition is to be made; except that no notice needs to be given prior to the disposition of any portion of the Collateral that is perishable or threatens to decline speedily in value or that is of a type customarily sold on a recognized market. Notice to Persons other than Borrower, Guarantor, or secured creditors reflected in a UCC search claiming an interest in the Collateral shall be sent to such addresses as they have furnished to Lender or as is reflected in such UCC search as the case may be; and 12.1.11.3. (c) if the sale is to be a public sale, Lender shall also give notice of the time and place by publishing a notice one (1) time giving such notice as may be reasonable under the circumstances circumstance before the date of the sale in a newspaper of general circulation in the county in which the sale is to be held.

Appears in 2 contracts

Sources: Loan and Security Agreement (Orange 21 Inc.), Loan and Security Agreement (Mendocino Brewing Co Inc)

Notice of Disposition of Collateral. Lender shall give notice of the disposition of the Collateral as follows: 12.1.11.1. (a) Lender shall give Borrower and each holder of a Security Interest in the Collateral which who has filed with Lender a written request for notice, a notice in writing of the time and place of public sale, or, if the sale is a private sale or some other disposition other than a public sale is to be made of the Collateral, then the time on or after which the private sale or other disposition is to be made; 12.1.11.2. (b) the notice shall be personally delivered or mailed, postage prepaid, to Borrower at the address set forth herein, giving such notice as may be reasonable under the circumstance of (a.1) the date fixed for the sale; or (b.2) before the date on or after which the private sale or other disposition is to be made; except that no notice needs to be given prior to the disposition of any portion of the Collateral that is perishable or threatens to decline speedily in value or that is of a type customarily sold on a recognized market. Notice to Persons other than Borrower, Guarantor, or secured creditors reflected in a UCC VCC search claiming an interest in the Collateral shall be sent to such addresses as they have furnished to Lender or as is reflected in such UCC VCC search as the case may be; and 12.1.11.3. (c) if the sale is to be a public sale, Lender shall also give notice of the time and place by publishing a notice one (1) time giving such notice as may be reasonable under the circumstances circumstance before the date of the sale in a newspaper of general circulation in the county in which the sale is to be held.

Appears in 1 contract

Sources: Loan and Security Agreement (Vertical Branding, Inc.)

Notice of Disposition of Collateral. Lender shall (unless notice has been waived after an Event of-default pursuant to the provisions of the Code) give notice of the disposition of the Collateral as follows:; 12.1.11.1. (a) Lender shall give the Borrower and each holder of a Security Interest security interest in the Collateral which who has filed with Lender a written request for notice, a notice in writing of the time and place of public sale, sale or, if the sale is a private sale or some other disposition other than a public sale is to be made of the Collateral, then the time on or after which the private sale or other disposition is to be made;, 12.1.11.2. the (b) The notice shall be personally delivered or mailed, postage prepaid, to Borrower at the Borrower's address set forth herein, giving such notice as may be reasonable under the circumstance in Section 10 of this Agreement at least five (a.5) days before the date fixed for the sale; , or at least five (b.5) days before the date on or after which the private sale or other disposition is to be made; except that no notice needs to be given prior to the disposition of any portion of , unless the Collateral that is perishable or threatens to decline speedily in value or that is of a type customarily sold on a recognized marketvalue. Notice to Persons persons other than Borrower, Guarantor, or secured creditors reflected in a UCC search Borrower claiming an interest in the Collateral shall be sent to such addresses as they have furnished to Lender or as is reflected in such UCC search as the case may be; andLender, 12.1.11.3. if (c) If the sale is to be a public sale, Lender shall also give notice of the time and place by publishing a one-time notice one at least ten (110) time giving such notice as may be reasonable under the circumstances days; before the date of the sale in a newspaper of general circulation in the county in which the sale is to be held.

Appears in 1 contract

Sources: Loan Agreement (Conversion Technologies International Inc)

Notice of Disposition of Collateral. Lender Lenders shall give notice of the disposition of the Collateral as follows: 12.1.11.1. Lender Lenders shall give Borrower and each holder of a Security Interest in the Collateral which has filed with Lender Lenders a written request for notice, a notice in writing of the time and place of public sale, or, if the sale is a private sale or some other disposition other than a public sale is to be made of the Collateral, then the time on or after which the private sale or other disposition is to be made; 12.1.11.2. the notice shall be personally delivered or mailed, postage prepaid, to Borrower at the address set forth herein, giving such notice as may be reasonable under the circumstance of (a.) the date fixed for the sale; or (b.) before the date on or after which the private sale or other disposition is to be made; except that no notice needs to be given prior to the disposition of any portion of the Collateral that is perishable or threatens to decline speedily in value or that is of a type customarily sold on a recognized market. Notice to Persons other than Borrower, Guarantor, or secured creditors reflected in a UCC search claiming an interest in the Collateral shall be sent to such addresses as they have furnished to Lender Lenders or as is reflected in such UCC search as the case may be; and 12.1.11.3. if the sale is to be a public sale, Lender Lenders shall also give notice of the time and place by publishing a notice one (1) time giving such notice as may be reasonable under the circumstances before the date of the sale in a newspaper of general circulation in the county in which the sale is to be held.

Appears in 1 contract

Sources: Loan and Security Agreement (T3 Motion, Inc.)

Notice of Disposition of Collateral. Lender shall give notice of the disposition of the Collateral as follows: 12.1.11.1. Lender shall give Borrower and each holder of a Security Interest in the Collateral which has filed with Lender a written request for notice, a notice in writing of the time and place of public sale, or, if the sale is a private sale or some other disposition other than a public sale is to be made of the Collateral, then the time on or after which the private sale or other disposition is to be made; 12.1.11.2. the notice shall be personally delivered or mailed, postage prepaid, to Borrower at the address set forth herein, giving such notice as may be reasonable under the circumstance of (a.) the date fixed for the sale; or (b.) before the date on or after which the private sale or other disposition is to be made; except that no notice needs to be given prior to the disposition of any portion of the Collateral that is perishable or threatens to decline speedily in value or that is of a type customarily sold on a recognized market. Notice to Persons other than Borrower, Guarantor, or secured creditors reflected in a UCC search claiming an interest in the Collateral shall be sent to such addresses as they have furnished to Lender or as is reflected in such UCC search as the case may be; and 12.1.11.3. if the sale is to be a public sale, Lender shall also give notice of the time and place by publishing a notice one (1) time giving such notice as may be reasonable under the circumstances before the date of the sale in a newspaper of general circulation in the county in which the sale is to be held.

Appears in 1 contract

Sources: Loan and Security Agreement (Andalay Solar, Inc.)