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 reasonable expenses of such sale or other realization, 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 is to be reimbursed pursuant to the Section titled "Expenses; Secured Party's Lien" below; (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 4 contracts

Samples: Security Interest Agreement (Rim Semiconductor CO), Security Interest Agreement (Amedia Networks, Inc.), Security Interest Agreement (Ambient Corp /Ny)

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Application of Collateral and Proceeds. 9.1 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, without limitation, including reasonable attorneys' feescommission to the Secured Party’s agent, 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 is to be reimbursed pursuant to the Section titled "Expenses; Secured Party's Lien" below; 10; (b) second, to the payment of the Obligations in such order of priority and manner as the Secured Party, 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 2 contracts

Samples: Security Agreement (REVENUE.COM Corp), Security Agreement (REVENUE.COM 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 reasonable expenses of such sale or other realization, including, without limitation, including reasonable attorneys' feescommission to Secured Party's agent, 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 is to be reimbursed pursuant to the Section titled "Expenses; Secured Party's Lien" below; SECTION 16 hereof; (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 2 contracts

Samples: Security Agreement (Markland Technologies Inc), Security Agreement (Markland Technologies 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 reasonable expenses of such sale or other realization, 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 is to be reimbursed pursuant to the Section titled "Expenses; Secured Party's Lien" belowhereof; (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 2 contracts

Samples: Security Interest Agreement (Ambient Corp /Ny), Security Interest Agreement (Amedia Networks, Inc.)

Application of Collateral and Proceeds. 9.1 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) firstFirst, to pay the reasonable expenses of such sale or other realization, including, without limitation, including reasonable attorneys' feescommission to the Secured Party’s agent, 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 is to be reimbursed pursuant to the Section titled "Expenses; Secured Party's Lien" below; 10; (b) secondSecond, to the payment of the Obligations in such order of priority and manner as the Secured Party, Party in its sole discretion, shall determine; and and (c) finallyFinally, 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: Security Agreement (Teckmine Industries 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 reasonable expenses of such sale or other realization, 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 is to be reimbursed pursuant to the Section titled "Expenses; Secured Party's ’s Lien" below; (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 Interest Agreement (Hythiam 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, without limitation, reasonable attorneys' fees, and all expenses, liabilities and advances reasonably incurred or made by the any Secured Party in connection therewith, and any other unreimbursed expenses for which the any Secured Party is to be reimbursed pursuant to the Section titled "Expenses; Secured Party's ’s Lien" below; (b) second, to the payment of the Obligations in such order of priority as the Secured PartyParties, in its their sole discretion, as determined by holders of a majority of the outstanding amounts due under the Notes, 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 Interest Agreement (Hythiam, 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 reasonable expenses of such sale or other realization, including, without limitation, including reasonable attorneys' feescommission to such Secured Party's agent, and all expenses, liabilities and advances reasonably incurred or made by the such Secured Party in connection therewith, and any other unreimbursed expenses for which the such Secured Party is to be reimbursed pursuant to the Section titled "Expenses; Secured Party's Lien" below11 hereof; (b) second, to the payment of the Obligations in such order of priority and manner as the each Secured Party, in its their sole discretion, shall determine; 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: Security Agreement (Alta Gold Co/Nv/)

Application of Collateral and Proceeds. The All distributions on account of, and 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) firstFirst, to pay the reasonable expenses of such sale or other realization, including, without limitation, reasonable attorneys' fees, and all reasonable expenses, liabilities and advances reasonably incurred or made by the Secured Party in connection therewith, and any other unreimbursed reimbursed expenses for which the Secured Party is to be reimbursed pursuant to the Section titled "Expenses; Secured Party's Lien" below; 11; (b) secondSecond, to the payment of the Obligations in such order of priority or manner as the Secured Party, in its the Secured Party’s sole discretion, shall determine; and ; (c) finallyThird, to the satisfaction of any subordinate security interest in the Collateral if required under Section 9-504(1)(c) of the Code; and (d) Finally, to pay to the Debtor, or its successors or successor and assigns, or as a court of competent jurisdiction may direct, any surplus then remaining from such proceeds.

Appears in 1 contract

Samples: Security Agreement (Bitmine Immersion Technologies, Inc.)

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