Common use of Standards for Determining Commercial Reasonableness Clause in Contracts

Standards for Determining Commercial Reasonableness. To the extent permitted by law, Borrower and Silicon agree that a sale or other disposition (collectively, “sale”) of any Collateral in connection with the exercise of remedy by Silicon permitted under Section 7.2 hereof which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least five (5) days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m.; (v) Payment of the purchase price in cash or by cashier’s check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. To the extent permitted by law, Borrower and Silicon Greyrock agree that a -7- GREYROCK CAPITAL LOAN AND SECURITY AGREEMENT -------------------------------------------------------------------------------- sale or other disposition (collectively, “sale”SALE) of any Collateral in connection with the exercise of remedy by Silicon permitted under Section 7.2 hereof which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least ten (10) 10 days prior to the sale, and, in the case of a public sale, notice of the sale is published at least five (5) 10 days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by SiliconGreyrock, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m.p.m; (v) Payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon Greyrock may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon Greyrock shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. To the extent permitted by law, Borrower and Silicon agree that a sale or other disposition (collectively, “"sale”") of any Collateral in connection with the exercise of remedy by Silicon permitted under Section 7.2 hereof which complies with the following standards will conclusively SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT -------------------------------------------------------------------------------- be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least ten (10) seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least five (5) seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m.p.m; (v) Payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. To the extent permitted by law, Borrower and Silicon agree that a sale or other disposition (collectively, “"sale”") of any Collateral in connection with the exercise of remedy by Silicon permitted under Section 7.2 hereof which complies with the following standards will conclusively be deemed to be commercially reasonable: : (i) Notice of the sale is given to Borrower at least ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least five (5) ten days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT -------------------------------------------------------------------------------- collateral in general, non-specific terms; (iii) The sale is conducted at a place reasonably designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m.p.m; (v) Payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

Standards for Determining Commercial Reasonableness. To the extent permitted by law, Borrower and Silicon agree that a sale or other disposition (collectively, “"sale”") of any Collateral in connection with the exercise of remedy by Silicon permitted under Section 7.2 hereof which complies with the following standards will conclusively be deemed to be commercially reasonable: : (i) Notice of the sale is given to Borrower at least ten (10) days prior to the sale, and, in the case of a public sale, notice of the sale is published at least five (5) days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT between 8:00 a.m. and 6:00 p.m.; (v) Payment of the purchase price in cash or by cashier’s 's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.