Common use of Application of Proceeds Generally Clause in Contracts

Application of Proceeds Generally. The proceeds of any sale made either under the power of sale hereby given or under a judgment, order or decree made in any action to foreclose or to enforce this Mortgage, or of any monies held by the Mortgagee hereunder shall, to the maximum extent permitted by law, be applied: (i) first to the payment of all costs and expenses of such sale, including the Mortgagee’s reasonable attorneys’ fees and disbursements; (ii) then to the payment of all charges, expenses and advances incurred or made by the Mortgagee in order to protect the Lien and estate of this Mortgage or the security afforded hereby; (iii) then to the payment in full of the Obligations, ratably in accordance with the respective amounts then due and owing or as the Lenders may otherwise agree; and after payment in full of all Obligations any surplus remaining shall be paid to the Mortgagor or to whomsoever may be lawfully entitled to receive the same.

Appears in 3 contracts

Samples: Financing Agreement (First Wind Holdings Inc.), Financing Agreement (First Wind Holdings Inc.), Financing Agreement (First Wind Holdings Inc.)

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Application of Proceeds Generally. The proceeds of any sale made either under the power of sale hereby given or under a judgment, order or decree made in any action to foreclose or to enforce this Mortgage, or of any monies held by the Mortgagee hereunder shall, to the maximum extent permitted by law, be applied: (i) first to the payment of all costs and expenses of such sale, including the Mortgagee’s reasonable 's attorneys' fees and disbursements; (ii) then to the payment of all charges, expenses and advances incurred or made by the Mortgagee in order to protect the Lien lien and estate of this Mortgage or the security afforded hereby; (iii) then to the payment in full of the Obligations, ratably in accordance with the respective amounts then due and owing or as the Lenders may otherwise agree; and after payment in full of all Obligations any surplus remaining shall be paid to the Mortgagor or to whomsoever may be lawfully entitled to receive the same.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents, Security Agreement and Fixture Filing (Chart Industries Inc)

Application of Proceeds Generally. The proceeds of any sale made either under the power of sale hereby given or under a judgment, order or decree made in any action to foreclose or to enforce this Mortgage, or of any monies held by the Mortgagee hereunder shall, to the maximum extent permitted by law, be applied: (i) first to the payment of all costs and expenses of such sale, including the Mortgagee’s reasonable attorneys’ fees and disbursements; (ii) then to the payment of all charges, expenses and advances incurred or made by the Mortgagee in order to protect the Lien lien and estate of this Mortgage or the security afforded hereby; (iii) then to the payment in full of the Obligations, ratably in accordance with the respective amounts then due and owing or as the Lenders Mortgagee may otherwise agree; and after payment in full of all Obligations any surplus remaining shall be paid to the Mortgagor or to whomsoever may be lawfully entitled to receive the same.

Appears in 1 contract

Samples: Mortgage (MGP Ingredients Inc)

Application of Proceeds Generally. The proceeds of any sale made either under the power of sale hereby given or under a judgment, order or decree made in any action to foreclose or to enforce this Mortgage, or of any monies held by the Mortgagee hereunder shall, to the maximum extent permitted by law, be applied: (i) first to the payment of all costs and expenses of such sale, including the Mortgagee’s reasonable attorneys’ fees and disbursements and all keeper’s fees and disbursements; (ii) then to the payment of all charges, expenses and advances incurred or made by the Mortgagee in order to protect the Lien and estate of this Mortgage or the security afforded hereby; (iii) then to the payment in full of the Secured Obligations, ratably in accordance with the respective amounts then due and owing or as the Lenders may otherwise agreeCollateral Agency Agreement; and after payment in full of all Obligations Secured Obligations, any surplus remaining shall be paid to the Mortgagor or to whomsoever may be lawfully entitled to receive the same.

Appears in 1 contract

Samples: Credit Agreement (Cheniere Energy Inc)

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Application of Proceeds Generally. The proceeds of any sale made either under the power of sale hereby given or under a judgment, order or decree made in any action to foreclose or to enforce this Mortgage, or of any monies held by the Mortgagee hereunder shall, to the maximum extent permitted by law, be applied: (i) first to the payment of all costs and expenses of such sale, including the Mortgagee’s reasonable attorneys’ fees and disbursements; (ii) then to the payment of all charges, expenses and advances incurred or made by the Mortgagee in order to protect the Lien lien and estate of this Mortgage or the security afforded hereby; (iii) then to the payment in full of the Obligations, ratably in accordance with the respective amounts then due Intercreditor Agreement and owing or as the Lenders may otherwise agreeIndentures; and after payment in full of all Obligations any surplus remaining shall be paid to the Mortgagor or to whomsoever may be lawfully entitled to receive the same.

Appears in 1 contract

Samples: Multiple Indebtedness Mortgage (Texas Unwired)

Application of Proceeds Generally. The Subject to the applicable provisions of the Indenture, the proceeds of any sale made either under the power of sale hereby given or under a judgment, order or decree made in any action to foreclose or to enforce this Mortgage, or of any monies held by the Mortgagee hereunder shall, to the maximum extent permitted by law, be applied: (i) first to the payment of all costs and expenses of such sale, including the Mortgagee’s 's reasonable attorneys' fees and disbursements; (ii) then to the payment of all charges, expenses and advances incurred or made by the Mortgagee in order to protect the Lien lien and estate of this Mortgage or the security afforded hereby; (iii) then to the payment in full of the Obligations, ratably in accordance with the respective amounts then due and owing or as the Lenders Mortgagee may otherwise agree; and after payment in full of all Obligations any surplus remaining shall be paid to the Mortgagor or to whomsoever may be lawfully entitled to receive the same.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Northeast Generation Co)

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