Common use of Deficiency Judgments Clause in Contracts

Deficiency Judgments. If after foreclosure of this Mortgage, there shall remain any deficiency with respect to any amounts payable under the Secured Debt Documents, including hereunder, or any amounts secured hereby, and Mortgagee may institute any proceedings to recover such deficiency or deficiencies, all such amounts shall continue to bear interest at the Default Rate. Mortgagor waives any defense to Mortgagee's recovery against Mortgagor of any deficiency after any foreclosure sale of the Mortgaged Property. To the extent permitted by law, Xxxxxxxxx expressly waives any defense or benefits that may be derived from any statute granting Mortgagor any defense to any such recovery by Mortgagee. In addition, Mortgagee shall be entitled to recovery of all of its reasonable costs and expenditures (including without limitation any court imposed costs) in connection with such proceedings, including their reasonable attorneys' fees, appraisal fees and the other costs, fees and expenditures referred to in Section 3.16 above. This provision shall survive any foreclosure or sale of the Mortgaged Property, any portion thereof and/or the extinguishment of the lien hereof.

Appears in 2 contracts

Samples: Credit Agreement (Calpine Corp), Rents and Security Agreement (Calpine Corp)

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Deficiency Judgments. If after foreclosure of this MortgageDeed of Trust, there shall remain any deficiency with respect to any amounts payable under the Secured Debt Documents, including hereunder, or any amounts secured hereby, and Mortgagee Beneficiary may institute any proceedings to recover such deficiency or deficiencies, all such amounts shall continue to bear interest at the Default Rate. Mortgagor To the extent permitted by law, Trustor waives any defense to MortgageeBeneficiary's recovery against Mortgagor Trustor of any deficiency after any foreclosure sale of the Mortgaged PropertyTrust Estate. To the extent permitted by law, Xxxxxxxxx Trustor expressly waives any defense or benefits that may be derived from any statute granting Mortgagor Trustor any defense to any such recovery by MortgageeBeneficiary. In addition, Mortgagee and to the extent permitted by law, Beneficiary and Trustee shall be entitled to recovery of all of its reasonable costs and expenditures (including without limitation any court imposed costs) in connection with such proceedings, including their reasonable attorneys' fees, appraisal fees and the other costs, fees and expenditures referred to in Section 3.16 3.17 above. This provision shall survive any foreclosure or sale of the Mortgaged PropertyTrust Estate, any portion thereof and/or the extinguishment of the lien hereof.

Appears in 1 contract

Samples: Rents and Security Agreement and Fixture Filing (Calpine Corp)

Deficiency Judgments. If after foreclosure of this Mortgage, Mortgage there shall remain any deficiency with respect to any amounts payable under the Secured Debt Documents, including hereunder, Indebtedness Documents or hereunder or any amounts secured hereby, and Mortgagee may shall have the right to institute any proceedings to recover such deficiency or deficiencies, all such amounts shall continue to bear interest at the Default Rate. Mortgagor waives any defense to Mortgagee's ’s recovery against Borrower or Mortgagor of any deficiency after any foreclosure sale of the Mortgaged Property. To the extent permitted by law, Xxxxxxxxx Mortgagor expressly waives any defense or benefits that may be derived from any statute granting Mortgagor any defense to any such recovery by Mortgagee. In addition, Mortgagee shall be entitled to recovery of all of its reasonable costs and expenditures (including without limitation any court imposed costs) in connection with such proceedings, including their reasonable attorneys' ’ fees, appraisal fees and the other costs, fees and expenditures referred to in Section 3.16 4.19 above. This provision shall survive any foreclosure or sale of the Mortgaged Property, any portion thereof and/or the extinguishment of the lien hereof.

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (Marina District Development Company, LLC)

Deficiency Judgments. If Recourse against Grantor and the other Borrowers and their respective Affiliates, members, partners, stockholders, officers, directors and employees under this Deed of Trust shall be limited to the extent provided in the Credit Agreement. Subject to the Credit Agreement, if after foreclosure of this MortgageDeed of Trust or Trustee's sale hereunder, there shall remain any deficiency with respect to any amounts payable under the Secured Debt Loan Documents, including hereunder, or any amounts secured hereby, and Mortgagee may Beneficiary shall institute any proceedings to recover such deficiency or deficiencies, all such amounts shall continue to bear interest at the Default Rate. Mortgagor Subject to the Credit Agreement, Grantor waives any defense to MortgageeBeneficiary's recovery against Mortgagor Grantor of any deficiency after any foreclosure sale of the Mortgaged PropertyTrust Estate. To Subject to the Credit Agreement, to the extent permitted by law, Xxxxxxxxx Grantor expressly waives any defense or benefits that may be derived from any statute granting Mortgagor Grantor any defense to any such recovery by MortgageeBeneficiary. In Subject to the Credit Agreement, in addition, Mortgagee Beneficiary and Trustee shall be entitled to recovery of all of its their reasonable costs and expenditures (including without limitation any court imposed costs) in connection with such proceedings, including their reasonable attorneys' fees, appraisal fees and the other costs, fees and expenditures referred to in Section 3.16 above. This provision shall survive any foreclosure or sale of the Mortgaged PropertyTrust Estate, any portion thereof and/or the extinguishment of the lien hereof.

Appears in 1 contract

Samples: Osullivan Industries Inc

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Deficiency Judgments. If Recourse against Grantor, Company and their respective Affiliates, members, partners, stockholders, officers, directors and employees under this Deed of Trust shall be limited to the extent provided in the Indenture. Subject to the Indenture, if after foreclosure of this MortgageDeed of Trust or Trustee's sale hereunder, there shall remain any deficiency with respect to any amounts payable under the Secured Debt Note Documents, including hereunder, or any amounts secured hereby, and Mortgagee may Beneficiary shall institute any proceedings to recover such deficiency or deficiencies, all such amounts shall continue to bear interest at the Default Rate. Mortgagor Subject to the Indenture, Grantor waives any defense to MortgageeBeneficiary's recovery against Mortgagor Grantor of any deficiency after any foreclosure sale of the Mortgaged PropertyTrust Estate. To Subject to the Indenture, to the extent permitted by law, Xxxxxxxxx Grantor expressly waives any defense or benefits that may be derived from any statute granting Mortgagor Grantor any defense to any such recovery by MortgageeBeneficiary. In Subject to the Indenture, in addition, Mortgagee Beneficiary and Trustee shall be entitled to recovery of all of its their reasonable costs and expenditures (including without limitation any court imposed costs) in connection with such proceedings, including their reasonable attorneys' fees, appraisal fees and the other costs, fees and expenditures referred to in Section 3.16 3.15 above. This provision shall survive any foreclosure or sale of the Mortgaged PropertyTrust Estate, any portion thereof and/or the extinguishment of the lien hereof.

Appears in 1 contract

Samples: Osullivan Industries Inc

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