Common use of Application of Sale Proceeds and Deficiency Clause in Contracts

Application of Sale Proceeds and Deficiency. The proceeds of any exercise of rights with respect to the Trust Estate or any other Collateral, or any part thereof, and the proceeds and the avails or any remedy hereunder shall be paid to and applied as described in Section 4.3. In the event that at any time and from time to time the payments under the Shell Contract then collected by the Trustee and the proceeds of any sale, collection or realization of or upon Collateral by the Trustee are insufficient to pay all the obligations secured by this Indenture, the Issuer shall be liable for the deficiency, together with interest thereon as provided in the governing Credit Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees and disbursements of any external attorneys employed by the Trustee or any holder of an Outstanding Note to collect such deficiency.

Appears in 2 contracts

Samples: Trust Indenture and Security Agreement (Noble Drilling Corp), Trust Indenture and Security Agreement (Noble Drilling Corp)

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Application of Sale Proceeds and Deficiency. The proceeds of any exercise of rights with respect to the Trust Estate or any other Collateral, or any part thereof, and the proceeds and the avails or of any remedy hereunder shall be paid to and applied as described in Section 4.33.2. In the event that at any time and from time to time the payments under the Shell Contract Facility Lease Agreements then collected by the Trustee and the proceeds of any sale, collection or realization of or upon the Collateral by the Trustee are insufficient to pay all the obligations secured by this Indenturethe Security Documents when due, the Issuer shall be liable for the deficiency, together with interest thereon as provided in the governing Credit Financing Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees and disbursements of any external attorneys employed by counsel for the Trustee or any holder of an Outstanding Note the Secured Obligations to collect such deficiency.

Appears in 1 contract

Samples: And Assignment Agreement (Madison Gas & Electric Co)

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Application of Sale Proceeds and Deficiency. The proceeds of any exercise of rights with respect to the Trust Estate or any other Collateral, or any part thereof, and the proceeds and the avails or of any remedy hereunder shall be paid to and applied as described in Section 4.35.3. In the event that at any time and from time to time the payments under the Shell SDDI Contract then collected by the Trustee and the proceeds of any sale, collection or realization of or upon Collateral by the Trustee are insufficient to pay all the obligations secured by this Indenture, the Issuer shall be liable for the deficiency, together with interest thereon as provided in the governing Credit Project Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees and disbursements of any external attorneys employed by the Trustee or any holder of an Outstanding Note to collect such deficiency.

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (R&b Falcon Corp)

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