Common use of Application of Collateral and Proceeds Clause in Contracts

Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: (a) first, to pay the expenses of such sale or other realization, including reasonable attorneys' fees, and all expenses, liabilities and advances incurred or made by Secured Party in connection therewith, and any other unreimbursed expenses for which Secured Party may be reimbursed pursuant to Section 15; (b) second, to the payment of the Obligations in such order of priority as Secured Party, in its sole discretion, shall determine; and (c) finally, to pay to Debtor, or its successors or assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 5 contracts

Samples: Security Agreement (Broadway & Seymour Inc), Security Agreement (Broadway & Seymour Inc), Security Agreement (Broadway & Seymour Inc)

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Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: (a) first, to pay the reasonable expenses of such sale or other realization, including including, without limitation, reasonable attorneys' fees, and all expenses, liabilities and advances reasonably incurred or made by the Secured Party in connection therewith, and any other unreimbursed expenses for which the Secured Party may is to be reimbursed pursuant to Section 1510; (b) second, to the payment of the Obligations in such order of priority as the Secured Party, in its sole discretion, shall determine; and (c) finally, to pay to the Debtor, or its successors or assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 3 contracts

Samples: Security Interest Agreement (Amedia Networks, Inc.), Security Interest Agreement (New Visual Corp), Security Interest Agreement (Conspiracy Entertainment Holdings Inc)

Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall will be applied in the following order of priorities: : (ai) first, to pay the expenses of such sale or other realization, including those reasonable attorneys' fees, and all expenses, liabilities and advances actually incurred or made by Secured Party and its agent and counsel in connection therewith, and any other unreimbursed expenses for of which Secured Party may is to be reimbursed pursuant to Section 15; 9 as determined in its sole discretion; (bii) second, to the payment of the Obligations obligations in such order of priority other manner as Secured Party, in its sole discretion, shall will determine; and and (ciii) finally, to pay to Debtor, or its successors or assigns, or as to a court of competent jurisdiction may directjurisdiction, or as directed by a court of competent jurisdiction, any surplus then remaining from such proceeds.

Appears in 2 contracts

Samples: Security Agreement (Zurvita Holdings, Inc.), Security Agreement (Omnireliant Holdings, Inc.)

Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: : (ai) first, to pay the expenses of such sale or other realization, including reasonable attorneys' feescommission to the Secured Party and its agent and counsel, and all expenses, liabilities and advances incurred or made by the Secured Party in connection therewith, and any other unreimbursed expenses for of which the Secured Party may is to be reimbursed pursuant to Section 15; 13 as the Secured Party in its sole discretion shall determine; (bii) second, to the payment of the Obligations in such order of priority other manner as the Secured Party, in its sole discretion, shall determine; and and (ciii) finally, to pay to the Debtor, or its successors or assigns, or as to a court of competent jurisdiction may directjurisdiction, or as directed by a court of competent jurisdiction, any surplus then remaining from such proceeds.

Appears in 2 contracts

Samples: Security Agreement (International Dispensing Corp), Security Agreement (International Dispensing Corp)

Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: (a) first, to pay the expenses of such sale or other realization, including reasonable attorneys' fees, and all expenses, liabilities and advances incurred or made by Secured Party in connection therewith, and any other unreimbursed expenses for which Secured Party may be reimbursed pursuant to Section SECTION 15; (b) second, to the payment of the Obligations in such order of priority as Secured Party, in its sole discretion, shall determine; and (c) finally, to pay to Debtor, or its successors or assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 2 contracts

Samples: Security Agreement (PCD Inc), Security Agreement (PCD Inc)

Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: : (a) first, to pay the expenses of such sale or other realization, including reasonable attorneys' fees, and all expenses, liabilities and advances incurred or made by or on behalf of the Secured Party in connection therewith, and any other unreimbursed expenses for which the Secured Party may is to be reimbursed pursuant to Section 15; 12 hereof; (b) second, to the payment of the Loan Obligations then outstanding in such order of priority or manner as the Secured Party, in its sole discretion, shall determine; and and (c) finally, to pay to the Debtor, or its successors or assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 2 contracts

Samples: Security Agreement (International Cutlery LTD), Security Agreement (Lanxide Corp)

Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: priority: (ai) first, to pay the expenses of such sale or other realization, including reasonable attorneys' fees, and all expenses, liabilities and advances incurred or made by the Secured Party in connection therewith, and any other unreimbursed expenses for which the Secured Party may is to be reimbursed pursuant to Section 15; 11; (bii) second, to the payment of the Obligations in such order of priority as the Secured Party, in its sole discretion, shall determine; and and (ciii) finally, to pay to Debtorthe Borrower, or its successors or assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 2 contracts

Samples: Security Agreement (Mikes Original Inc), Security Agreement (Mikes Original Inc)

Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: (a) first, to pay the expenses of such sale or other realization, including reasonable attorneys' fees, and all reasonable expenses, liabilities and advances incurred or made by the Secured Party in connection therewith, and any other unreimbursed expenses for which the Secured Party may is to be reimbursed pursuant to Section 1514; (b) second, to the payment of the Obligations in such order of priority as the Secured Party, in its sole discretion, shall determine; and (c) finally, to pay to the Debtor, or its successors or assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 1 contract

Samples: Security Agreement (Us Dry Cleaning Corp)

Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: (a) first, to pay the expenses of such sale or other realization, including reasonable attorneys' feescommission to Secured Party and its agents and counsel, and all expenses, liabilities and all advances incurred or made by the Secured Party in connection therewith, and any other unreimbursed expenses for which the Secured Party may is to be reimbursed pursuant to Section 1514; (b) second, to pay the payment of the Secured Obligations in such order of priority manner as the Secured Party, in its sole reasonable discretion, shall determine; and (c) finally, to pay to Debtorthe Debtors, or its successors or assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 1 contract

Samples: Security Agreement (Quality Gold Holdings, Inc.)

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Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: : (a) first, to pay the expenses of such sale or other realization, including reasonable attorneys' fees, and all expenses, liabilities and advances incurred or made by commission to the Secured Party in connection therewithParty's agent, and any other unreimbursed expenses for which the Secured Party may is to be reimbursed pursuant to Section 15; 13 as the Secured Party in its sole discretion reasonably exercised shall determine; (b) second, to the payment of the Obligations in such order of priority other manner as the Secured Party, in its sole discretion, shall determine; and and (c) finally, to pay to the Debtor, or its successors or assigns, or as to a court of competent jurisdiction may directjurisdiction, any or as directed by a court of competent jurisdiction, and surplus then remaining from such proceeds.

Appears in 1 contract

Samples: Term Loan Agreement (Network Six Inc)

Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: : (a) first, to pay the expenses of such sale or other realization, including reasonable attorneys' feescommission to any agents or brokers, and all expenses, liabilities and advances incurred or made by the Secured Party in connection therewith, and any other unreimbursed expenses for which the Secured Party may is to be reimbursed pursuant to Section 15; 10; (b) second, to the payment of the Obligations in such order of priority and manner as the Secured Party, in its sole discretion, shall determine; and and (c) finally, unless applicable law otherwise provides, to pay to the Debtor, or its successors or assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 1 contract

Samples: Carrier Agreement (Long Distance Direct Holdings Inc)

Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: : (a) first, to pay the actual and reasonable expenses of such sale or other realization, including reasonable attorneys' feescommission to Secured Party's agent, and all expenses, liabilities and advances incurred or made by Secured Party in connection therewith, and any other unreimbursed expenses for which Secured Party may is to be reimbursed pursuant to Section 15; 16 hereof; (b) second, to the payment of the Obligations in such order of priority and manner as Secured Party, in its sole discretion, shall determine; and and (c) finally, unless applicable law otherwise provides, to pay to Debtor, or its successors or assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 1 contract

Samples: Security Agreement (Biosphere Medical Inc)

Application of Collateral and Proceeds. The proceeds of any ---------- -------------------------------------- sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: (a) first, to pay the expenses of such sale or other realization, including reasonable attorneys' fees, and all expenses, liabilities and advances incurred or made by Secured Party in connection therewith, and any other unreimbursed expenses for which Secured Party may be reimbursed pursuant to Section 15; (b) second, to the payment of ---------- the Obligations in such order of priority as Secured Party, in its sole discretion, shall determine; and (c) finally, to pay to Debtor, or its successors or assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 1 contract

Samples: Security Agreement (Somera Communications Inc)

Application of Collateral and Proceeds. The proceeds of any sale of, or other realization upon, all or any part of the Collateral shall be applied in the following order of priorities: (a) first, to pay the expenses of such sale or other realization, including reasonable attorneys' fees, and all expenses, liabilities and advances incurred or made by Secured Party in connection therewith, and any other unreimbursed expenses for which Secured Party may be reimbursed pursuant to Section SECTION 15; (b) second, to the payment of the Obligations in such order of priority as Secured Party, in its sole discretion, shall determine; determine and (c) finally, to pay to Debtor, or its successors or assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 1 contract

Samples: Security Agreement (Finisar Corp)

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