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.
Appears in 10 contracts
Samples: Guarantee and Collateral Agreement (Ollie's Bargain Outlet Holdings, Inc.), Credit Agreement (On Semiconductor Corp), Credit Agreement (Affinity Gaming)
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 ObligationsObligations 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: Security Agreement (MRC Global Inc.), Credit Agreement, Credit 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 Secured ObligationsObligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (to the extent payable in accordance with Section 11.5 of the Credit Agreement).
Appears in 9 contracts
Samples: Credit Agreement (Lantheus Holdings, Inc.), Term Loan Agreement (Lantheus Holdings, Inc.), Credit 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 Obligations and the reasonable fees and disbursements of any outside attorneys employed by any Secured ObligationsParty 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 ObligationsObligations and the fees and disbursements of any attorneys employed by the Co-Collateral Agents or any other Credit Party to collect such deficiency.
Appears in 8 contracts
Samples: Guarantee and Collateral Agreement, Credit Agreement (Sears Holdings Corp), 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 the Secured ObligationsObligations and the fees and disbursements of any attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 8 contracts
Samples: Pledge and 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 ObligationsObligations 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 Secured ObligationsObligations and the reasonable fees and disbursements of any outside attorneys employed by any Secured Party to collect such deficiency.
Appears in 8 contracts
Samples: 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 the Secured ObligationsObligations and the fees and disbursements of any attorneys employed by the Agent or any Secured Party to collect such deficiency.
Appears in 7 contracts
Samples: Amendment Agreement (Milacron Holdings Corp.), 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 Collateral Trustee or any Secured ObligationsParty to collect such deficiency.
Appears in 7 contracts
Samples: Security and Pledge Agreement, First Lien Guarantee and Collateral Agreement (Carmike Cinemas Inc), Second Lien 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 Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured ObligationsParty to collect such deficiency.
Appears in 7 contracts
Samples: Second Lien Collateral Agreement (Paperweight Development Corp), Collateral Agreement (Paperweight Development Corp), 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 Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any Secured ObligationsParty to collect such deficiency.
Appears in 7 contracts
Samples: Credit Agreement (Teradyne, Inc), Second Lien Collateral Agreement (Appvion, Inc.), Second Lien 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 Secured ObligationsObligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 6 contracts
Samples: Credit Agreement (Accuray Inc), Guarantee and Collateral Agreement (Kaltura Inc), First Amendment (Pagaya Technologies 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 ObligationsObligations 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 Secured ObligationsObligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent to collect such deficiency.
Appears in 5 contracts
Samples: First Lien Guarantee and Collateral Agreement (SFX Entertainment, INC), Second Lien Collateral Agreement (SFX Entertainment, INC), Guarantee and Collateral Agreement (SFX Entertainment, 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 ObligationsParty to collect such deficiency.
Appears in 5 contracts
Samples: Credit Agreement (DEX ONE Corp), Credit Agreement (DEX ONE Corp), Credit 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 Obligations and reasonable Attorney Costs and expenses of the Collateral Agent or any Secured ObligationsParty to collect such deficiency.
Appears in 4 contracts
Samples: Credit Agreement (First Wind Holdings Inc.), Credit 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 any Secured ObligationsParty 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 Proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured ObligationsObligations and the fees and disbursements of any attorney employed by 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 any Secured ObligationsParty to collect such deficiency 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 Secured ObligationsObligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent to collect such deficiency.
Appears in 3 contracts
Samples: Security Agreement (Lri Holdings, Inc.), Security Agreement (Logan's Roadhouse of Kansas, Inc.), Note Purchase Agreement (HLTH 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 ObligationsObligations and the fees and disbursements of any attorney employed by the 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 Disposition of the any Collateral are insufficient to pay its cause the Secured ObligationsObligations to be Paid in Full, including the payment in full in cash of the fees and disbursements of any attorneys employed by 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 Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Security Trustee or any other Secured ObligationsParty to collect such deficiency.
Appears in 3 contracts
Samples: Guaranty and Collateral Agreement, Guaranty and Collateral Agreement (Seacor Holdings Inc /New/), Guaranty 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 the Guaranteed Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any Secured ObligationsParty to collect such deficiency.
Appears in 3 contracts
Samples: Security Agreement, Security Agreement (Tribune Media Co), Credit Agreement (Tribune Media Co)
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 ObligationsParty to collect such deficiency.
Appears in 3 contracts
Samples: Credit Agreement (DEX ONE Corp), Credit Agreement (DEX ONE Corp), Credit 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 Guaranteed Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any ABL Secured ObligationsParty to collect such deficiency.
Appears in 3 contracts
Samples: Abl Security Agreement, Abl Credit 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 any Collateral are insufficient to pay its the Secured ObligationsObligations and the fees and disbursements of any attorney employed by 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 ObligationsObligations and the fees and disbursements of any attorneys employed by the Collateral Trustee or any Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Refinancing Amendment and Successor Administrative Agent Agreement (MRC Global Inc.), Term Loan Credit 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 any Secured ObligationsParty 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 the Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any other Secured ObligationsParty to collect such deficiency.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Foamex International Inc), Pledge and Security Agreement (Foamex L P), Pledge and Security Agreement (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 Secured Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any other Secured Party to collect such deficiency, in each case until the Discharge of Obligations.
Appears in 3 contracts
Samples: Credit Agreement (Extreme Networks Inc), Guarantee and Collateral Agreement (ShoreTel Inc), Guarantee and Collateral 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 the Secured ObligationsObligations and the reasonable fees and disbursements of any attorney employed by the Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Security Agreement (Dominion Homes Inc), Pledge and Security Agreement (Johnsondiversey Holdings Inc), Security Agreement (Dominion 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 ObligationsObligations and the fees and disbursements of any attorneys employed by the 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 Collateral are insufficient to pay its Secured ObligationsObligations and the fees and disbursements of any attorneys employed by the Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Security Agreement (InfuSystem Holdings, Inc), Security Agreement (InfuSystem Holdings, Inc), Security Agreement (I Flow 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 Secured ObligationsObligations 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 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 Secured ObligationsObligations and the fees and disbursements of any attorneys employed by the 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), Revolving Credit and Term Loan 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 First Lien Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any First Lien Secured ObligationsParty to collect such deficiency.
Appears in 3 contracts
Samples: Credit 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 Priority Lien Obligations and the fees and disbursements of any attorneys employed by any Priority Lien Secured ObligationsParty to collect such deficiency.
Appears in 3 contracts
Samples: Collateral Agreement (Gogo Inc.), Collateral Agreement, Collateral Agreement (Gogo 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 ObligationsObligations in full and the fees and disbursements of any attorneys employed by Lenders to collect such deficiency.
Appears in 3 contracts
Samples: Guaranty and Security Agreement (Cytomedix Inc), Guaranty and Security Agreement (Alphatec Holdings, Inc.), Facility 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 the Secured ObligationsObligations 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 ObligationsObligations and the fees and disbursements of any attorney employed by the 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 Administrative Agent, any Secured ObligationsParty or any holder of Equally and Ratably Secured Notes Obligations to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Cco Holdings LLC), 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 Security Trustee or any Secured ObligationsParty 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 ObligationsObligations and the reasonable fees and disbursements of any attorney employed by 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 ObligationsObligations and the fees and disbursements of any attorney employed by the Collateral Agent or any other Purchaser Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Chromocell Therapeutics Corp), Security Agreement (Chromocell Therapeutics Corp)
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 ObligationsObligations and reasonable and documented (in reasonable detail) out-of-pocket fees and disbursements of any attorney employed by the 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 of any sale or other disposition of the Collateral are insufficient to pay its Secured ObligationsObligations and any amounts required to be paid to the Collateral Agent or the Trustee to collect such deficiency 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 ObligationsObligations and the reasonable fees and disbursements of any attorneys employed by the Collateral 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 Note Obligations and, to the extent set forth herein and in the other Note Documents, the fees and disbursements of any attorneys employed by any Secured ObligationsParty to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Global Eagle Entertainment Inc.), Securities Purchase Agreement (Global Eagle Entertainment 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 ObligationsObligations 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 Secured ObligationsObligations and the fees and disbursements of any attorneys employed by 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.), Second Lien Collateral Agreement (Centric 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 Secured ObligationsObligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any Se-cured Party to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Kinder Morgan Holdco LLC), Credit 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 ObligationsParty to collect such deficiency.
Appears in 2 contracts
Samples: Term Loan Security Agreement (Tribune Publishing Co), Term Loan Credit Agreement (Tribune Publishing 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 ObligationsObligations and the fees and disbursements of any attorney employed by Lender or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Imation Corp), Stock Purchase Agreement (Imation 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 any Secured ObligationsParty 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 Obligations and the fees and disbursements of any attorney employed by the Administrative Agent or any other Secured ObligationsParty 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 ObligationsObligations and the fees and disbursements of any attorneys employed by the Collateral Agent 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 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 ObligationsObligations and the fees and disbursements of any attorney or agent employed by the Collateral Agent or any 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 such Grantor’s Obligations and the fees and disbursements of any attorneys employed by the Note Lien Collateral Agent or any other Secured ObligationsParty 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 the Secured ObligationsObligations and the fees and disbursements of any attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency in accordance with Section 14.5 of the Credit Agreements and Section 7.07 of the Indenture.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Revlon Consumer Products Corp), Pledge and Security Agreement (Revlon Consumer Products Corp)
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 ObligationsObligations and the fees and disbursements of any attorneys employed by 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 Secured ObligationsObligations and the fees and disbursements of any attorneys 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 the Secured ObligationsObligations and the reasonable fees and out-of-pocket disbursements of any 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 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 ObligationsObligations and the fees and disbursements of any attorneys employed by the Agent or any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Pledge Agreement (Elizabeth Arden Inc), Canadian Security Agreement (Elizabeth Arden 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 any Secured ObligationsParty to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Virgin Mobile USA, Inc.), Subordinated Credit Agreement (Virgin Mobile USA, 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 ObligationsParty 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 Secured ObligationsObligations and the fees and disbursements of any attorneys employed by the Collateral Trustee or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Mirant Corp), Credit Agreement (Rri 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 Obligationsall of the Obligations of every Grantor and other Loan Party.
Appears in 2 contracts
Samples: Credit Agreement (Independence Contract Drilling, Inc.), Credit Agreement (Independence Contract Drilling, 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 the Obligations and the reasonable and documented out-of-pocket fees and disbursements of any attorneys employed by the Collateral Agent or any Secured ObligationsParty to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement).
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Avaya Holdings Corp.), Abl Credit Agreement (Avaya Holdings 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 Agent or any Secured ObligationsParty 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 Secured ObligationsObligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent 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 Administrative Agent or any Secured ObligationsParty to collect such deficiency.
Appears in 2 contracts
Samples: Credit 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 ObligationsParty 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 satisfy its Secured ObligationsObligations and the fees and disbursements of any attorneys employed by the Secured Parties or the Collateral Agent to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (GMX Resources Inc), Security Agreement (GMX Resources 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 ObligationsObligations and the reasonable fees and disbursements of any attorney employed by 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 any Collateral are insufficient to pay its the Secured ObligationsObligations and the reasonable and documented fees and disbursements of any attorney employed by the Agent or any other Credit Party to collect such deficiency 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 in full its Obligations and the fees and disbursements of any attorneys employed by any Secured ObligationsParty to collect such deficiency.
Appears in 2 contracts
Samples: Second Lien Security Agreement (USA Synthetic Fuel Corp), Security Agreement (USA Synthetic Fuel Corp)
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 ObligationsObligations and the fees and disbursements of any attorney employed by Agent or any other Secured Party to collect such deficiency 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 ObligationsObligations and, without duplication, the fees and disbursements of any attorney employed by 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 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 ObligationsObligations and the fees and disbursements of any attorney employed by the Administrative Agent or any other Secured Party to collect such deficiency. Each Grantor waives any and all rights of contribution or subrogation upon the sale or disposition of all or any portion of the Pledged Collateral by Administrative Agent.
Appears in 2 contracts
Samples: Second Lien Guaranty and Security Agreement (Westwood One Inc /De/), Guaranty and Security Agreement (Westwood One 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 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 Administrative Agent or any other Secured ObligationsParty 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 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 Secured ObligationsParty 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 the Secured ObligationsObligations and the fees and disbursements of any 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 liable for (a) any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and (b) the fees and disbursements of any attorneys employed by the Agent or any Secured ObligationsParty to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Clean Harbors Inc), Security Agreement (Clean Harbors Inc)
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 ObligationsObligations and the reasonable fees and disbursements of any attorney employed by the Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (WCI Steel, Inc.), Pledge and Security Agreement (WCI Steel, 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 ObligationsParty to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Universal Health Services Inc), Supplemental Indenture (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 Obligations and the fees and disbursements of any attorneys employed by the Lender or any Secured ObligationsParty 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 any Collateral are insufficient to pay its the Secured ObligationsObligations and the fees and disbursements of any attorney employed by the Secured Party 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 Secured ObligationsObligations and the fees and disbursements of any attorneys employed by the Secured Party or any other Holder to collect such deficiency.
Appears in 1 contract
Deficiency. Each Grantor shall remain liable for (a) any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and (b) the fees and disbursements of any lawyers employed by the Agent or any Secured ObligationsParty 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 ObligationsObligations and the fees and disbursements of any attorney employed by the Administrative Agent or any other Secured Party to collect such deficiency (in the case of Parent, subject to Section 2.2(b)).
Appears in 1 contract
Samples: Guaranty and Security Agreement (Palm Harbor Homes Inc /Fl/)
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 ObligationsObligations then due and payable and the fees and disbursements of any attorney or other agent employed by Agent or any other Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Security Agreement (Entravision Communications 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 ObligationsObligations and, to the extent set forth herein and in the other Secured Transaction Documents, the fees and disbursements of any attorneys employed by any Secured Party 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 Collateral are insufficient to pay its the Note Obligations and the fees and disbursements of any attorney employed by the Collateral Agent or any other Secured ObligationsParty to collect such deficiency.
Appears in 1 contract
Samples: Account Pledge and Security Agreement (China Natural Gas, Inc.)
Deficiency. Each The Borrower 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 the Secured ObligationsObligations and the fees and disbursements of any attorneys employed by the Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Hydrocarb Energy Corp)
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 the Secured ObligationsObligations and the fees and disbursements of any attorney employed by the Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Guaranty and Security Agreement (University Club, Inc. (FL))
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 ObligationsObligations and the fees and disbursements of any attorney employed by the Administrative Agent or any other Secured Party to collect such deficiency.
ARTICLE VI 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 reasonable and documented fees and disbursements of any attorneys employed by Secured ObligationsParty to collect such deficiency.
Appears in 1 contract
Samples: Subordinated Credit 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 Secured ObligationsObligations and any amounts required to be paid to the Collateral Agent or the Trustee to collect such deficiency pursuant to Section 7.06 of the Indenture.
Appears in 1 contract