Deficiency. If the Proceeds of any disposition of the Collateral are insufficient to cover all costs and expenses of such sale and the payment in full of all the Obligations, plus all other sums required to be expended or distributed by Lender, then Borrower shall be liable for any such deficiency.
Appears in 41 contracts
Samples: Loan and Security Agreement (Innventure, Inc.), Loan and Security Agreement (Arrowroot Acquisition Corp.), Loan and Security Agreement (Arrowroot Acquisition Corp.)
Deficiency. If the Proceeds of any disposition of the Collateral are insufficient to cover all costs and expenses of such sale and the payment in full of all the Obligations, plus all other sums required to be expended or distributed by Agent or any Lender, then Borrower shall be liable for any such deficiency.
Appears in 6 contracts
Samples: Loan and Security Agreement (Abeona Therapeutics Inc.), Loan and Security Agreement (LifeMD, Inc.), Loan and Security Agreement (Biovie Inc.)
Deficiency. If the Proceeds of any disposition sale of the Collateral are insufficient to cover all costs and expenses of such sale and the payment in full of all the ObligationsIndebtedness, plus all other sums required to be expended or distributed by Lender, then Borrower shall be liable for any such deficiency.
Appears in 4 contracts
Samples: Loan and Security Agreement (Adforce Inc), Loan and Security Agreement (Adforce Inc), Loan and Security Agreement (Adforce Inc)
Deficiency. If the Proceeds of any disposition of the Collateral are insufficient to cover all costs and expenses of such sale and the payment in full of all the Obligations, plus all other sums required to be expended or distributed by Lender, then each Borrower shall be liable liable, on a joint and several basis, for any such deficiency.
Appears in 3 contracts
Samples: Loan and Security Agreement (Virtuix Holdings Inc.), Loan and Security Agreement (Digital Caddies, Inc.), Loan and Security Agreement (Bacterin International Holdings, Inc.)
Deficiency. If the Proceeds of any disposition of the Collateral are insufficient to cover all costs and expenses of such sale and the payment in full of all the Obligations, plus all other sums required to be expended or distributed by LenderAgent to Lenders, then Borrower shall be liable for any such deficiency.
Appears in 3 contracts
Samples: Loan and Security Agreement (Cytosorbents Corp), Loan and Security Agreement (Beyond Air, Inc.), Loan and Security Agreement (Benson Hill, Inc.)
Deficiency. If the Proceeds of any disposition of the Collateral are insufficient to cover all costs and expenses of such sale and the payment in full of all the ObligationsIndebtedness, plus all other sums required to be expended or distributed by Lender, then Borrower Debtor shall be liable for any such deficiency.
Appears in 3 contracts
Samples: Loan Agreement (Digital Generation Systems Inc), Loan Agreement (Digital Generation Systems Inc), Security Agreement (Comps Com Inc)
Deficiency. If the Proceeds of any disposition of the Collateral are insufficient to cover all costs and expenses of such sale and the payment in full of all the Obligations, plus all other sums required to be expended or distributed by Lender, then Borrower and each Guarantor shall be liable for any such deficiency.
Appears in 2 contracts
Samples: Loan and Security Agreement (Delcath Systems, Inc.), Loan and Security Agreement (Cytocom, Inc.)
Deficiency. If the Proceeds of any disposition of the Collateral are insufficient to cover all costs and expenses of such sale and the payment in full of all the Obligations, plus all other sums required to be expended or distributed by Lender, then each Borrower shall be liable for any such deficiency.
Appears in 1 contract
Samples: Loan and Security Agreement (Oculus Innovative Sciences, Inc.)
Deficiency. If the Proceeds of any disposition of the Collateral are insufficient to cover all costs and expenses of such sale and the payment in full of all the ObligationsIndebtedness, plus all other sums required to be expended or distributed by LenderBank, then Borrower Debtor shall be liable for any such deficiency.
Appears in 1 contract
Samples: Security Agreement (Emcon)