Common use of Application of Collateral and Proceeds Clause in Contracts

Application of Collateral and Proceeds. If, following an Event of Default, the Collateral Agent has proceeded to realize upon the security interest in the Collateral against any one or more of the types of Collateral in accordance with the foregoing provisions of this Article VII, the proceeds of any sale of, or other realization upon, or other receipt from, any such Collateral (including pursuant to Section 7.1(b)) shall be applied by the Collateral Agent in the following order of priorities: first, to the payment to the Collateral Agent of the expenses of such sale or other realization, including reasonable compensation to the Collateral Agent and its agents and counsel, and all expenses, liabilities and advances incurred or made by the Collateral Agent in connection therewith, including brokerage fees in connection with the sale by the Collateral Agent of any Collateral; second, to the payment to Purchaser of the fair market value of the number or amount of Exchange Property required to be delivered pursuant to Section 7.1 of the Contract and any other amount then due and payable hereunder, and finally, if all of the obligations of Pledgor hereunder and under the Contract have been fully discharged or sufficient funds have been set aside by the Collateral Agent at the request of Pledgor for the discharge of such obligations, any remaining proceeds shall be released to Pledgor.

Application of Collateral and Proceeds. If, following In case an Event of DefaultDefault has occurred and has not been waived by the Purchaser, the Collateral Agent has proceeded Agent, on behalf of the Purchaser, may proceed to realize upon the security interest in the Collateral against any one or more of the types of Collateral, at any one time, as the Collateral Agent shall determine in accordance with its sole discretion subject to the foregoing provisions of this Article VII, the Section 8. The proceeds of any sale of, or other realization upon, or other receipt from, any such of the Collateral (including remaining after delivery to the Purchaser pursuant to Section 7.1(b)8(a) shall be applied by the Collateral Agent in the following order of priorities: : (1) first, to the payment to the Purchaser of an amount sufficient to satisfy all of Seller's obligations under the Purchase Agreement in accordance with the terms thereof (determined, in the case of any obligation to deliver Reference Property, on the basis of the Current Value thereof as of the date on which Seller is obligated to make such delivery); (2) second, to the payment to the Collateral Agent of the expenses of such sale or other realization, including reasonable compensation to the Collateral Agent and its agents and counselAgent, and all reasonable expenses, liabilities and advances incurred or made by the Collateral Agent in connection therewith, including brokerage fees in connection with the sale by the Collateral Agent of any CollateralCollateral and reasonable fees of counsel; second, to the payment to Purchaser of the fair market value of the number or amount of Exchange Property required to be delivered pursuant to Section 7.1 of the Contract and any other amount then due and payable hereunder, and and (3) finally, if all of the obligations of the Pledgor hereunder and under the Contract Purchase Agreement have been fully discharged or sufficient funds have been set aside by the Collateral Agent at the request of the Pledgor for the discharge of such obligationsthereof, any remaining proceeds shall be released to the Pledgor.

Application of Collateral and Proceeds. If, following In the case of an Event of Default, the Collateral Agent has proceeded may proceed to realize upon the security interest in the Collateral against any one or more of the types of Collateral, at any one time, as the Collateral Agent shall determine in accordance with its sole discretion subject to the foregoing provisions of this Article VII, the . The proceeds of any sale of, or other realization upon, or other receipt from, any such Collateral (including pursuant to Section 7.1(b)) shall be applied by the Collateral Agent in the following order of priorities: firstsecond, to the payment to the Collateral Agent of the expenses of such sale or other realization, including reasonable compensation to the Collateral Agent and its agents and counsel, and all expenses, liabilities and advances incurred or made by the Collateral Agent in connection therewith, including brokerage fees in connection with the sale by the Collateral Agent of any CollateralPledged Item; second, to the payment to Purchaser of the fair market value of the number or amount of Exchange Property required to be delivered pursuant to Section 7.1 of the Contract and any other amount then due and payable hereunder, and finally, if all of the obligations of Pledgor hereunder and under the Contract have been fully discharged or sufficient funds have been set aside by the Collateral Agent at the request of Pledgor for the discharge of such obligations, any remaining proceeds shall be released to Pledgor.