Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 22 contracts
Samples: Senior Secured Credit Agreement (Franklin BSP Capital Corp), Senior Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.), Guarantee, Pledge and Security Agreement
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 11 contracts
Samples: Security Agreement (Herbst Gaming, LLC), Security Agreement (Ampex Corp /De/), Security Agreement (Itc Deltacom Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 8.01 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Company shall remain liable for any deficiency.
Appears in 9 contracts
Samples: Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.04 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 6 contracts
Samples: 364 Day Revolving Credit Agreement (KKR & Co. Inc.), 364 Day Revolving Credit Agreement (KKR & Co. Inc.), Revolving Credit Agreement (KKR & Co. Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any such deficiency.
Appears in 6 contracts
Samples: Guarantee, Pledge and Security Agreement (Barings Capital Investment Corp), Guarantee, Pledge and Security Agreement (Barings BDC, Inc.), Guarantee, Pledge and Security Agreement (BlackRock TCP Capital Corp.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured ObligationsObligations (other than contingent indemnification obligations for which no claim has been made), the Obligors shall remain liable for any deficiency.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 3 contracts
Samples: Restatement Agreement (Constellation Brands, Inc.), Restatement Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to this Section 8.03 6 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Debtor shall remain liable for any deficiency.
Appears in 3 contracts
Samples: Security Agreement (Commerce One Inc / De/), Security Agreement (Commerce One Inc / De/), Security Agreement (Bio Plexus Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Pledged Collateral pursuant to Section 8.03 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Debtors shall remain liable for any deficiency.
Appears in 3 contracts
Samples: Credit Agreement (Tuesday Morning Corp/De), Security Agreement (Imco Recycling Inc), Security Agreement (Advanced Radio Telecom Corp)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.04 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 2 contracts
Samples: Security Agreement (Canadian Forest Oil LTD), Credit Agreement (Canadian Forest Oil LTD)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.04 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 2 contracts
Samples: Security Agreement (Radnor Holdings Corp), Shared Security Agreement (Westwood One Inc /De/)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Sinclair Broadcast Group Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain jointly liable for any deficiency.
Appears in 1 contract
Samples: Guarantee, Pledge and Security Agreement (Marquee Group Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the its Collateral pursuant to Section 8.03 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured ObligationsLiabilities, the Obligors such Obligor shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 8.01 hereof are insufficient to cover the costs and expenses of Security Pledge and Intercreditor Agreement such realization and the payment in full of the Secured Obligations, the Obligors Company shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Obligor shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 7.03 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 1 contract
Samples: Guarantee, Pledge and Security Agreement (FS Energy & Power Fund)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 7.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Guarantor shall remain liable for any deficiency.
Appears in 1 contract
Samples: Guarantee and Pledge Agreement (Canadian Forest Oil LTD)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.5 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds Proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured ObligationsObligations owing by it, the Obligors each Obligor shall remain liable for any deficiency.
Appears in 1 contract
Samples: Collateral Agency, Pledge and Security Agreement (Smithfield Foods Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 7.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Guarantors shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 are insufficient to cover the costs and expenses of such realization and the payment in full in cash of the Secured ObligationsObligations (other than unasserted contingent indemnities and similar obligations that survive the termination thereof), the Obligors shall remain liable for any deficiency.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Counterparty shall remain liable for any deficiency.
Appears in 1 contract
Samples: Pledge Agreement (Verio Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.05 are insufficient to cover the costs and expenses of such realization and to cause the payment Payment in full Full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 1 contract
