Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 58 contracts
Samples: Security Agreement (RBC Bearings INC), Security Agreement, Security Agreement (PRA Health Sciences, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any Secured Party to collect such deficiency.
Appears in 42 contracts
Samples: Credit Agreement (Cinemark Holdings, Inc.), Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cinemark Holdings, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 35 contracts
Samples: Pledge and Security Agreement (Matthews International Corp), Guarantee and Collateral Agreement (TransMedics Group, Inc.), Guarantee and Collateral Agreement (TransMedics Group, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 31 contracts
Samples: Pledge and Security Agreement (Acuren Corp), Guarantee and Collateral Agreement, Pledge and Security Agreement (APi Group Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 21 contracts
Samples: Guaranty and Security Agreement (Francesca's Holdings CORP), Security Agreement (Olympic-Cascade Publishing, Inc.), Security Agreement (Cinedigm Digital Cinema Corp.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 19 contracts
Samples: Pledge and Security Agreement (Caseys General Stores Inc), Pledge and Security Agreement (Delphi Technologies PLC), Pledge and Security Agreement (Delphi Automotive PLC)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiencydeficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement).
Appears in 19 contracts
Samples: Term Loan Security Agreement (Academy Sports & Outdoors, Inc.), Second Lien Security Agreement, Second Lien Security Agreement (BrightView Holdings, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 19 contracts
Samples: Canadian Revolving Guarantee and Security Agreement (Real Industry, Inc.), Joinder Agreement (Real Industry, Inc.), Joinder Agreement (Real Industry, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 17 contracts
Samples: Security and Pledge Agreement (Cambium Networks Corp), Guaranty and Security Agreement (FTE Networks, Inc.), Guaranty and Security Agreement (Einstein Noah Restaurant Group Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 16 contracts
Samples: Guarantee and Collateral Agreement (Town Sports International Holdings Inc), Credit Agreement (JELD-WEN Holding, Inc.), Credit Agreement (JELD-WEN Holding, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 14 contracts
Samples: Collateral Agreement (Cco Holdings LLC), Collateral Agreement (Cco Holdings LLC), First Lien Intercreditor Agreement (Charter Communications, Inc. /Mo/)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and, to the extent set forth herein and in the other Loan Documents, the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 11 contracts
Samples: Guarantee and Collateral Agreement (Smart Sand, Inc.), Security Agreement, Security Agreement (Avantor, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 10 contracts
Samples: Guaranty and Security Agreement (GSE Holding, Inc.), First Lien Guaranty and Security Agreement (GSE Holding, Inc.), Credit Agreement (GSE Holding, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 10 contracts
Samples: Pledge and Security Agreement (Marti Technologies, Inc.), Intercreditor Agreement (FreightCar America, Inc.), Pledge and Security Agreement (Marti Technologies, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 9 contracts
Samples: Security Agreement (MRC Global Inc.), Security Agreement (Laureate Education, Inc.), Collateral Agreement (Laureate Education, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 8 contracts
Samples: Security Agreement (Warnaco Group Inc /De/), Pledge and Security Agreement (Warnaco Group Inc /De/), Pledge and Security Agreement (Knology Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiencydeficiency (to the extent payable in accordance with Section 11.5 of the Credit Agreement).
Appears in 8 contracts
Samples: Guarantee and Collateral Agreement (Lantheus Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.), Guarantee and Collateral Agreement (INC Research Holdings, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable fees and disbursements of any outside attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 8 contracts
Samples: Second Lien Credit Agreement (Babcock & Wilcox Enterprises, Inc.), Credit Agreement (Babcock & Wilcox Enterprises, Inc.), Credit Agreement (Babcock & Wilcox Enterprises, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any outside attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 8 contracts
Samples: First Lien Pledge and Security Agreement (McDermott International Inc), Credit Agreement (McDermott International Inc), Pledge and Security Agreement (Babcock & Wilcox Co)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 8 contracts
Samples: Second Lien Pledge and Security Agreement (Matthews International Corp), Security Agreement, Security Agreement (Sears Holdings Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 7 contracts
Samples: Guarantee and Collateral Agreement (Teradyne, Inc), Collateral Agreement (Appvion, Inc.), Collateral Agreement (Appvion, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 7 contracts
Samples: Collateral Agreement (Paperweight Development Corp), Collateral Agreement (Paperweight Development Corp), First Lien Security Agreement (Global Aviation Holdings Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 7 contracts
Samples: Canadian Security Agreement (Milacron Holdings Corp.), First Lien Security Agreement (Hovnanian Enterprises Inc), Second Lien Security Agreement (Hovnanian Enterprises Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Co-Collateral Agent Agents or any Secured other Credit Party to collect such deficiency.
Appears in 7 contracts
Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Sears Holdings Corp), Guarantee and Collateral Agreement
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent Trustee or any Secured Party to collect such deficiency.
Appears in 7 contracts
Samples: Security and Pledge Agreement, Guarantee and Collateral Agreement (Carmike Cinemas Inc), Collateral Agreement (Carmike Cinemas Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 6 contracts
Samples: Security Agreement, Security Agreement (Milacron Holdings Corp.), Security Agreement (Accellent Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 5 contracts
Samples: Shared Services Agreement (DEX ONE Corp), Shared Services Agreement (DEX ONE Corp), Shared Services Agreement (DEX ONE Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Accuray Inc), Guarantee and Collateral Agreement (Kaltura Inc), Guarantee and Collateral Agreement (Benefitfocus,Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds Proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 4 contracts
Samples: Credit Agreement (Jakks Pacific Inc), Guaranty and Security Agreement (Jakks Pacific Inc), Guaranty and Security Agreement (Igi Laboratories, Inc)
Deficiency. Each Grantor or Holdings, as applicable, shall remain liable for any deficiency if the proceeds Proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiencydeficiency in accordance with the terms of the Credit Agreement.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Maxxam Inc), Guarantee and Collateral Agreement (Maxxam Inc), Guarantee and Collateral Agreement (Maxxam Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees reasonable Attorney Costs and disbursements expenses of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 4 contracts
Samples: Credit Agreement (First Wind Holdings Inc.), Intercreditor Agreement (First Wind Holdings Inc.), First Lien Guarantee and Security Agreement (First Wind Holdings Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 4 contracts
Samples: Pledge and Security Agreement (Alpha Metallurgical Resources, Inc.), Pledge and Security Agreement (Contura Energy, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and, to the extent set forth herein and in the other Loan Documents, the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Sundance Energy Australia LTD), Guarantee and Collateral Agreement (Sundance Energy Australia LTD), Guarantee and Collateral Agreement (Sundance Energy Australia LTD)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Guaranteed Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Security Agreement, Assignment and Assumption (Tribune Media Co), Security Agreement (Tribune Media Co)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party Lenders to collect such deficiency.
Appears in 3 contracts
Samples: Guaranty and Security Agreement (Cytomedix Inc), Guaranty and Security Agreement (Alphatec Holdings, Inc.), Guaranty and Security Agreement (Infinity Pharmaceuticals, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Medical Properties Trust Inc), And Collateral Agreement (Medical Properties Trust Inc), Guarantee and Collateral Agreement (Beverly Enterprises Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Guaranteed Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any ABL Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Abl Security Agreement, Intercreditor Agreement (Tribune Publishing Co), Abl Security Agreement (Tribune Publishing Co)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Priority Lien Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Priority Lien Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Collateral Agreement (Gogo Inc.), Collateral Agreement, Patent Security Agreement (Gogo Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition Disposition of the any Collateral are insufficient to pay its cause the Secured Obligations and to be Paid in Full, including the payment in full in cash of the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Guaranty and Security Agreement, Guaranty and Security Agreement (Aerie Pharmaceuticals Inc), Guaranty and Security Agreement (Aerie Pharmaceuticals Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Shared Collateral are insufficient to pay its the Obligations and the fees and disbursements of any attorneys employed by the Shared Collateral Agent or any Shared Collateral Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Shared Services Agreement (DEX ONE Corp), Shared Services Agreement (DEX ONE Corp), Shared Services Agreement (DEX ONE Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Ultra Clean Holdings Inc), Pledge and Security Agreement (Par Petroleum Corp/Co), Pledge and Security Agreement (Aviall Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral US Agent or any other Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Guaranty and Security Agreement (Thermon Group Holdings, Inc.), Guaranty and Security Agreement (Thermon Holding Corp.), Guaranty and Security Agreement (Thermon Holding Corp.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Foamex International Inc), Annexes and Schedules (Foamex L P), Foamex L P
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Security Agreement (Dominion Homes Inc), Security Agreement (Dominion Homes Inc), Pledge and Security Agreement (Johnsondiversey Holdings Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its First Lien Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any First Lien Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Security Agreement (Serena Software Inc), Security Agreement (Hca Inc/Tn), Security Agreement (Serena Software Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency, in each case until the Discharge of Obligations.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Extreme Networks Inc), Guarantee and Collateral Agreement (ShoreTel Inc), Credit Agreement (Violin Memory Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Security Agreement (InfuSystem Holdings, Inc), Security Agreement (I Flow Corp /De/), Security Agreement (InfuSystem Holdings, Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Waitr Holdings Inc.), Security Agreement (CVR Partners, Lp), Security Agreement (Landec Corp \Ca\)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent Trustee or any Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Collateral Trust Agreement (MRC Global Inc.), Security Agreement (MRC Global Inc.), Security Agreement (MRC Global Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay in full its Guaranteed Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: General Security Agreement (Aemetis, Inc), General Security Agreement (Aemetis, Inc), General Security Agreement (Aemetis, Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent Trustee or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Mirant Corp), Guarantee Agreement (Rri Energy Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent Lender or any other Secured Party to collect such deficiency.. ARTICLE VII
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Imation Corp), Guaranty and Security Agreement (Imation Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral or any Mortgage Property are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Clean Harbors Inc), Security Agreement (Clean Harbors Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Borrower Credit Agreement Obligations or Guarantor Obligations, as applicable, and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Credit Agreement Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Collateral Agreement (Universal Health Services Inc), Collateral Agreement (Universal Health Services Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys employed by the Notes Collateral Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Notes Security Agreement (Associated Materials, LLC), Security Agreement (Accellent Inc)
Deficiency. Each Grantor The Grantors, jointly and severally, shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Palm Harbor Homes Inc /Fl/), Security Agreement (Cavco Industries Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or Administrative Agent, any Secured Party or any holder of Equally and Ratably Secured Notes Obligations to collect such deficiency.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Cco Holdings LLC), Guarantee and Collateral Agreement (Cco Holdings LLC)
Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented (in reasonable detail) out-of-pocket fees and disbursements of any attorneys attorney employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (UA Granite Corp), Security Agreement (Stevia Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds Proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Obligations and the reasonable and documented out-of-pocket fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiencydeficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement).
Appears in 2 contracts
Samples: Abl Security Agreement (Avaya Holdings Corp.), Intercreditor Agreement (Avaya Holdings Corp.)
Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay satisfy its Secured Obligations and the fees and disbursements of any attorneys employed by the Secured Parties or the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (GMX Resources Inc), Security Agreement (GMX Resources Inc)
Deficiency. (a) Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiencydeficiency pursuant to the terms of the Credit Agreement.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Rimini Street, Inc.), Guaranty and Security Agreement (Rimini Street, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and and, without duplication, the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (AgeX Therapeutics, Inc.), Security Agreement (AgeX Therapeutics, Inc.)
Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Patent Security Agreement (Virgin Mobile USA, Inc.), Guarantee and Collateral Agreement (Virgin Mobile USA, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent Security Trustee or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Fly Leasing LTD), Security Agreement (Fly Leasing LTD)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Guaranty and Security Agreement, Guaranty and Security Agreement (Horizon Pharma, Inc.)
Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any Secured other Purchaser Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Chromocell Therapeutics Corp), Security Agreement (Chromocell Therapeutics Corp)
Deficiency. Each Grantor understands that it shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Pledge and Security Agreement (WCI Steel, Inc.), Pledge and Security Agreement (WCI Steel, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds Proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Guaranty and Collateral Agreement (Mission Resources Corp), Guaranty and Collateral Agreement (Mission Resources Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent Lender or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Strattec Security Corp), Security Agreement (Strattec Security Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay in full its Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Control Agreement (USA Synthetic Fuel Corp), Security Agreement (USA Synthetic Fuel Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency, all in accordance with and subject to the Credit Agreement.
Appears in 2 contracts
Samples: First Lien Collateral Agreement (Centric Brands Inc.), Patent Security Agreement (Centric Brands Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any Secured other Credit Party to collect such deficiencydeficiency pursuant to the terms of the Credit Agreement.
Appears in 2 contracts
Samples: Guaranty and Security Agreement, Guaranty and Security Agreement (Vertex Energy Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiencydeficiency in accordance with Section 14.5 of the Credit Agreements and Section 7.07 of the Indenture.
Appears in 2 contracts
Samples: Third Amended And (Revlon Consumer Products Corp), Pledge and Security Agreement (Revlon Consumer Products Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys solicitors employed by the Collateral Agent, either Administrative Agent or any Secured Party Lender to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (International Multifoods Corp), Credit Agreement (International Multifoods Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by amounts required to be paid to the Collateral Agent or any Secured Party the Trustee to collect such deficiencydeficiency pursuant to Section 7.07 of the Indenture.
Appears in 2 contracts
Samples: Security Agreement (DISH Network CORP), Security Agreement (DISH Network CORP)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party Trustee to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (American Capital, LTD), Security Agreement (American Capital, LTD)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Collateral Agreement (Exterran Holdings Inc.), Collateral Agreement (Exterran Partners, L.P.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Stargazer Productions), Guarantee and Collateral Agreement (Skillsoft Public Limited Co)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency. PLEDGE AND SECURITY AGREEMENT KNOLOGY, INC.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Knology Inc), Pledge and Security Agreement (Knology Inc)
Deficiency. Each Grantor shall remain jointly and severally liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations or Guaranteed Obligations, as the case may be, and the documented out-of-pocket fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Second Lien Guaranty and Security Agreement (BioScrip, Inc.), First Lien Guaranty and Security Agreement (BioScrip, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Obligations and the fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Amc Entertainment Inc), Pledge and Security Agreement (Us Concrete Inc)
Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency, to the extent such fees and disbursements are reimbursable under Section 8.4.
Appears in 2 contracts
Samples: Pledge Agreement (Charter Communications Inc /Mo/), Pledge Agreement (Charter Communications Inc /Mo/)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds Proceeds of any sale or other disposition of the any Collateral are insufficient to pay its Pay in Full the Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Endologix Inc /De/), Guaranty and Security Agreement (Endologix Inc /De/)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent Security Trustee or any other Secured Party to collect such deficiency. SECTION 7.
Appears in 2 contracts
Samples: Guaranty and Collateral Agreement, Guaranty and Collateral Agreement
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Unisys Corp), Security Agreement (Unisys Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable fees and out-of-pocket disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Wendy's/Arby's Group, Inc.), Pledge and Security Agreement (Wendy's/Arby's Group, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Se-cured Party to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Kinder Morgan Holdco LLC), Pledge Agreement (Kinder Morgan Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Guaranteed Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any Term Loan Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Term Loan Security Agreement (Tribune Publishing Co), Credit Agreement (Tribune Publishing Co)
Deficiency. Each Grantor shall remain jointly and severally liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney or agent employed by the Collateral Agent or any Secured other Purchaser Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (ReShape Lifesciences Inc.), Security Agreement (Vsee Health, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations or Guaranteed Obligations, as the case may be, and the reasonable and documented out-of-pocket fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Guaranty and Security Agreement, Guaranty and Security Agreement (BioScrip, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its all of the Obligations of every Grantor and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiencyother Loan Party.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Independence Contract Drilling, Inc.), Guarantee and Collateral Agreement (Independence Contract Drilling, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Guarantee and Security Agreement (FS Energy & Power Fund), Guarantee and Security Agreement (American Capital, LTD)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Rockwood Specialties Group Inc), Guarantee and Collateral Agreement (Hanger Orthopedic Group Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Notes Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any other Notes Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Collateral Agreement (United States Steel Corp), Collateral Agreement (United States Steel Corp)
Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Foreign Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Canadian Security Agreement (Elizabeth Arden Inc), Canadian Pledge Agreement (Elizabeth Arden Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Foamex Capital Corp), Pledge and Security Agreement (Foamex Capital Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its such Grantor’s Obligations and the fees and disbursements of any attorneys employed by the Note Lien Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Thornburg Mortgage Inc), Security Agreement (Thornburg Mortgage Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiencydeficiency (in each case subject to the limitations set forth in Sections 6.07 and 14.08 of the Indenture).
Appears in 1 contract
Samples: Notes Security Agreement (Academy Sports & Outdoors, Inc.)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Co-Collateral Agent Agents or any Secured other Credit Party to collect such deficiency.deficiency.6.7
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Sears Holdings Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiencydeficiency (to the extent payable in accordance with Section 12.04 of the Credit Agreement).
Appears in 1 contract
