Common use of Application of Proceeds; Deficiency Clause in Contracts

Application of Proceeds; Deficiency. All amounts deposited in the Collateral Deposit Account shall be applied by the Subordinated Collateral Agent against the Secured Obligations. Any such proceeds of the Collateral shall be applied as determined by the Holders. The balance, if any, after all of the Secured Obligations have been satisfied, shall be deposited by the Subordinated Collateral Agent into the Grantor’s general operating account. The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay all Secured Obligations, including any attorneys’ fees and other expenses incurred by the Subordinated Collateral Agent or any Holder to collect such deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Bluestem Brands, Inc.), Securities Purchase Agreement (Bluestem Brands, Inc.), Securities Purchase Agreement (Bluestem Brands, Inc.)

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