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 Administrative Agent or any Lender to collect such deficiency.
Appears in 73 contracts
Samples: Guarantee and Collateral Agreement (Gartner Inc), Credit Agreement (Avis Budget Group, Inc.), Credit Agreement (Tempur Sealy International, 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 Administrative Collateral Agent or any Lender 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 Administrative Agent or any Lender Secured Party to collect such deficiency.
Appears in 42 contracts
Samples: Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cinemark Holdings, Inc.), 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 Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 41 contracts
Samples: Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Paperweight Development 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 Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 35 contracts
Samples: Pledge and Security Agreement (Matthews International Corp), Credit 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 Administrative Agent or any Lender 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 Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender to collect such deficiency.
Appears in 26 contracts
Samples: Super Priority Senior Secured Debtor in Possession Asset Based Revolving Credit Agreement (Revlon Consumer Products Corp), Superpriority Senior Secured Debtor in Possession Credit Agreement (Revlon Consumer Products 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 any Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Administrative Collateral Agent or any Lender other Secured Party to collect such deficiency.
Appears in 22 contracts
Samples: Credit Agreement (Midwest Holding Inc.), Credit Agreement (Francesca's Holdings CORP), Security Agreement (Olympic-Cascade Publishing, 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 Administrative Collateral Agent or any Lender 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 20 contracts
Samples: Term Loan Security Agreement (Academy Sports & Outdoors, Inc.), Second Lien Security Agreement, First 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 Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 19 contracts
Samples: u.s. Revolving Guaranty and Security Agreement (Real Industry, Inc.), u.s. Revolving Guaranty and Security Agreement (Real Industry, Inc.), Canadian Revolving Guarantee and Security 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 Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 18 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 the Secured Obligations and the fees and disbursements of any attorneys attorney employed by the Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 18 contracts
Samples: Credit Agreement (Caseys General Stores Inc), Restatement Agreement (Delphi Automotive PLC), Credit Agreement (Marquee 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 fees and disbursements of any attorneys employed by the Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 16 contracts
Samples: Registration Rights Agreement (Town Sports International Holdings Inc), Amendment No. 4 (JELD-WEN Holding, Inc.), Amendment No. 3 (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 Administrative Collateral Agent or any Lender other Secured Party to collect such deficiency.
Appears in 14 contracts
Samples: Collateral Agreement (Cco Holdings LLC), Collateral Agreement (Cco Holdings LLC), Indenture (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 the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Secured Party to collect such deficiency.
Appears in 12 contracts
Samples: Credit and Guaranty Agreement (Karyopharm Therapeutics Inc.), Indenture (Marti Technologies, Inc.), Reimbursement Agreement (FreightCar America, 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 Administrative Agent or any Lender Secured Party to collect such deficiency.
Appears in 12 contracts
Samples: Guarantee and Collateral Agreement (Smart Sand, Inc.), Security Agreement, Second Lien Security 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 11 contracts
Samples: Guarantee and Collateral Agreement (Scotts Miracle-Gro Co), Credit Agreement (Scotts Miracle-Gro Co), Guarantee and Collateral Agreement (Scotts Miracle-Gro Co)
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 Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 10 contracts
Samples: Guaranty and Security Agreement (GSE Holding, Inc.), Second Lien Credit Agreement (GSE Holding, Inc.), First Lien Guaranty and Security Agreement (GSE Holding, 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 Administrative Collateral Agent or any Lender to collect such deficiency.
Appears in 10 contracts
Samples: Loan Agreement (Tarsus Pharmaceuticals, Inc.), Loan Agreement (UroGen Pharma Ltd.), Loan Agreement (Collegium Pharmaceutical, 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 Administrative Agent or any Lender to collect such deficiencyObligations.
Appears in 9 contracts
Samples: Second Lien Security Agreement, Second Lien Security Agreement (Roundy's, Inc.), Guarantee and Collateral Agreement (Generac 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 fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 7 contracts
Samples: Guarantee and Collateral Agreement (Six Flags Entertainment Corp), Guarantee and Collateral Agreement (Six Flags Entertainment Corp), Guarantee and Collateral Agreement (Six Flags Entertainment 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 6 contracts
Samples: Credit Agreement (Allison Transmission Holdings Inc), First Lien Guarantee and Collateral Agreement (Logan's Roadhouse of Kansas, Inc.), Guarantee and Collateral Agreement (Allison Transmission 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 for the Secured Obligations to pay its Obligations be Paid in Full and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 6 contracts
Samples: Guarantee and Collateral Agreement (Acer Therapeutics Inc.), Guarantee and Collateral Agreement (Acer Therapeutics Inc.), Guarantee and Collateral Agreement (Biotricity 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 fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender to collect such deficiency.
Appears in 5 contracts
Samples: Superpriority Senior Secured Debtor in Possession Credit Agreement (Revlon Consumer Products Corp), Holdings Term Loan Guarantee and Pledge Agreement (Revlon Inc /De/), Asset Based Revolving Credit Agreement (Revlon 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 Administrative Agent or any Lender to collect such deficiencyGrantor’s Obligations.
Appears in 5 contracts
Samples: Credit Agreement (Dole PLC), Guarantee and Security Agreement (21st Century Oncology Holdings, Inc.), Credit Agreement (Dole Food Co 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 4 contracts
Samples: Credit Agreement (Clarksburg Skylark, LLC), Guarantee and Collateral Agreement (Sears Holdings CORP), Credit Agreement (M I Homes 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 4 contracts
Samples: Loan Agreement, Loan Agreement (Amicus Therapeutics Inc), Guaranty and Security Agreement (iRhythm 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 Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiencyObligations.
Appears in 4 contracts
Samples: Revolving Credit Agreement (PBF Logistics LP), Revolving Credit Agreement (PBF Energy Co LLC), Revolving Credit Agreement (PBF 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 Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiencydeficiency (with regard to fees and disbursements of any attorneys, to the extent the Borrower is required to pay or reimburse such fees and disbursements pursuant to subsection 11.5 of the Credit Agreement).
Appears in 4 contracts
Samples: First Lien Guarantee and Collateral Agreement (Cumulus Media Inc), Second Lien Guarantee and Collateral Agreement (Cumulus Media Inc), Guarantee and Collateral Agreement (Citadel Broadcasting 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Virtus Investment Partners, Inc.), Guarantee and Collateral Agreement (Printcafe Software Inc), Guarantee and Collateral Agreement (Printcafe 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 the Secured Obligations and the documented out-of-pocket fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 3 contracts
Samples: Pledge and Security Agreement, Pledge and Security Agreement (Harvard Bioscience Inc), Pledge and Security Agreement (Liberty Tax, 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 Guaranteed Obligations and the fees and disbursements of any attorneys attorney employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 3 contracts
Samples: Guaranty, Pledge and Security Agreement, Guaranty, Pledge and Security Agreement (Peplin Inc), Guaranty, Pledge and Security Agreement (Peplin 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 out-of-pocket fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 3 contracts
Samples: Credit Agreement (Griffon Corp), Guarantee and Collateral Agreement (Griffon Corp), Guarantee and Collateral Agreement (Eye Care Centers of America 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 in full the Obligations and in accordance with Section 1.2(c) including, the fees and disbursements of any attorneys attorney employed by the Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Guaranty and Security Agreement (Alere Inc.), First Lien Guaranty and Security Agreement (Inverness Medical Innovations Inc), Second Lien Guaranty and Security Agreement (Inverness Medical Innovations 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 Administrative Agent or any Lender Secured Creditor to collect such deficiency.
Appears in 3 contracts
Samples: Credit Agreement (Hanger, Inc.), Guarantee and Collateral Agreement (Hanger Orthopedic Group Inc), Credit 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 Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent, the Collateral Agent or any Lender to collect such deficiency.
Appears in 3 contracts
Samples: Credit Agreement (AV Homes, Inc.), Guarantee and Collateral Agreement (Superior Offshore International Inc.), Guarantee and Collateral Agreement (Superior Offshore International 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 solicitors employed by the Collateral Agent, either Administrative Agent or any 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 such Grantor’s Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Guarantee and Security Agreement (National Mentor Holdings, Inc.), Guarantee and Security Agreement (National Mentor Holdings, 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 the Secured Obligations and the reasonable fees and disbursements of any attorneys attorney employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Franklin Credit Management Corp/De/), Security Agreement (Franklin Credit Management Corp/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 obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender 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 obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Secured Creditor to collect such deficiency.
Appears in 2 contracts
Samples: Collateral Agreement (Universal Compression Holdings Inc), Collateral Agreement (Universal Compression 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 Administrative Agent, the Revolver Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)
Deficiency. Each The Company and 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Istar Financial Inc), Security Agreement (Istar Financial 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 reasonable out-of-pocket fees and disbursements of any attorneys counsel employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Loan and Guaranty Agreement (Collective Brands, Inc.), Term Loan Agreement (Collective Brands, 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 Administrative Agent or any Lender to collect such deficiency.. ARTICLE VI
Appears in 2 contracts
Samples: Pledge and Security Agreement (Union Carbide Corp /New/), Pledge and Security Agreement (Union Carbide Corp /New/)
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 Grantor Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Guarantee and Security Agreement (UFood Restaurant Group, Inc.), Credit Agreement (UFood Restaurant Group, 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Master Reaffirmation Agreement (Zoe's Kitchen, Inc.), Master Reaffirmation Agreement (Zoe's Kitchen, 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 Administrative Collateral Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Note Security Agreement (Cellu Tissue Holdings, Inc.), Security Agreement (Cellu Tissue 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 obligations and the fees and disbursements of any attorneys employed by the US Administrative Agent or any Lender Secured Creditor to collect such deficiency.
Appears in 2 contracts
Samples: Collateral Agreement (Universal Compression Inc), Us Collateral Agreement (Exterran 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 fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Clean Harbors Inc), Term Loan Agreement (General Motors 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Midcoast Energy 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 the Guaranteed Obligations and the fees and disbursements of any attorneys attorney employed by the Administrative Agent or any Lender Buyer to collect such deficiency.
Appears in 2 contracts
Samples: Guarantor Pledge and Security Agreement (KBS Real Estate Investment Trust, Inc.), Guarantor Pledge and Security Agreement (KBS Real Estate Investment Trust, 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 Administrative Agent or any Lender Trustee to collect such deficiency.
Appears in 2 contracts
Samples: Pledge Agreement (Federal Mogul Corp), Pledge Agreement (Federal Mogul 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 Administrative Agent or any Lender to collect such deficiencydeficiency (to the extent that the Administrative Agent and the Lenders are entitled to reimbursement pursuant to Section 10.5 of the Credit Agreement and Section 8.4 hereof).
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Advent Software Inc /De/), Guarantee and Collateral Agreement (Advent Software 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 the Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Collateral Agreement (Intercompany Note) (Air Transport Services Group, 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Signal Genetics LLC)
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 Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
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 Administrative any Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Kinetic Concepts Inc /Tx/)
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 Administrative Agent or any Lender Group Expenses to collect such deficiency.
Appears in 1 contract
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 employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Bridge Credit Agreement (Exar 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 Administrative Agent or Agent, any Lender to collect such deficiency.24
Appears in 1 contract
Samples: Credit Agreement (Cco Holdings LLC)
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 Administrative Agent, Collateral Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Collateral Agreement (M I Homes 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Revolving Credit Agreement (Union Carbide Corp /New/)
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 Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guaranty and Security Agreement (CBaySystems Holdings 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 Secured Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency. 104.1 Agent’s Appointment as Attorney-in-Fact. etc.
Appears in 1 contract
Samples: Revolving Credit Facility (Hovnanian Enterprises Inc)
Deficiency. Each Grantor The Grantors 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 and actual fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Security Agreement (Railworks 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 Administrative Agent, the Collateral Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Credit Agreement (Corelogic, 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 legal counsel employed by the CDN Administrative Agent or and/or any Lender Receiver to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Cogent Management 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 Administrative Agent or any Lender Holdings to collect such deficiency.
SECTION 7. ATTORNEY-IN-FACT
Appears in 1 contract
Samples: Security and Guarantee Agreement (Aspirity Holdings LLC)
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 Administrative Collateral Agent or any Lender to collect such deficiency.
Appears in 1 contract
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 Administrative Agent or any Lender Purchasers to collect such deficiency.
Appears in 1 contract
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 Grantor’s Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Collateral Trustee to collect such deficiency.
Appears in 1 contract
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 Administrative Collateral Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Loan Agreement (TESARO, 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 out-of-pocket fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.. ARTICLE XVIITHE ADMINISTRATIVE AGENT
Appears in 1 contract
Samples: Credit Agreement (Griffon Corp)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral granted by it are insufficient to pay its Guarantee Obligations and the fees reasonable and documented fees, charges and disbursements of any attorneys employed by the Administrative Note Collateral Agent or any Lender to collect such deficiency.
Appears in 1 contract
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 Administrative Agent or any Subordinated Lender to collect such deficiency.
Appears in 1 contract
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 one counsel to each Lead Agent and one counsel for the Administrative Agent Lenders (unless there is an actual or any perceived conflict of interest in which case each Lender to collect such deficiencyaffected thereby may retain its own counsel).
Appears in 1 contract
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 Administrative Agent or any Lender to collect such deficiency.and
Appears in 1 contract
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 Administrative Agent or any Lender Secured Creditor to collect such deficiency.
Appears in 1 contract
Samples: Credit Agreement (Hanger, 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 Administrative Collateral Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Security Agreement (Interep National Radio Sales 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 Administrative Agent or any Lender to collect such deficiency.. THE ADMINISTRATIVE AGENT
Appears in 1 contract
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 Administrative Agent or any Lender to collect such deficiency. disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Ddi Capital Corp/Dynamic Details Inc)
Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition Disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
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 Administrative Collateral Agent or any the Lender to collect such deficiency.
Appears in 1 contract
Samples: Security Agreement (Cinedigm 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Senior Security Agreement (RBX 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 and documented fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Advanced Drainage Systems, 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 Administrative Agent or any Lender to collect such deficiency.Obligations. SECTION 7. THE ADMINISTRATIVE AGENT
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Scientific Games 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Workhorse 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 for the Secured Obligations to pay its Obligations be Paid in Full and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
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 Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Security Agreement (National Mentor 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 Administrative Agent or any Lender other Secured Person to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (AMERICAN EAGLE ENERGY 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 US Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Pledge and Security Agreement (Cellu Tissue Holdings, Inc.)
Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral granted by it are insufficient to pay its the Note Obligations and the fees reasonable and documented fees, charges and disbursements of any attorneys employed by the Administrative Note Collateral Agent or any Lender to collect such deficiency.
Appears in 1 contract
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 Administrative Agent or any Lender to collect such deficiency, subject to Section 10.5 of the Credit Agreement.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Clearwire 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 Administrative Collateral Agent or any Lender holder of Notes to collect such deficiency.
Appears in 1 contract
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 Administrative Agent Trustee or any Lender Noteholder to collect such deficiency.
Appears in 1 contract
Samples: Security Agreement (RBX 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 Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Rightside Group, 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 fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Revolving Credit Agreement (Union Carbide Corp /New/)
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 Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
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 Administrative Agent or any Lender Holder to collect such deficiency.
Appears in 1 contract
