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 21 contracts
Samples: Guarantee and Security Agreement (Franklin BSP Capital Corp), Assignment and Assumption (Goldman Sachs BDC, Inc.), 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 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: Guarantee and Security Agreement (KKR & Co. Inc.), Guarantee and Security Agreement (KKR & Co. Inc.), Guarantee and Security 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 5 contracts
Samples: Pledge and Security Agreement (Barings Capital Investment Corp), Pledge and Security Agreement (Barings BDC, Inc.), 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.), Guarantee and Collateral 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: Guarantee Agreement (Constellation Brands, Inc.), Restatement Agreement (Constellation Brands, Inc.), Project Financing Agreement (Constellation Brands, Inc.)
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 Obligors, jointly and severally, shall remain liable for any deficiency.
Appears in 3 contracts
Samples: Security Agreement (Krispy Kreme Doughnuts Inc), Second Lien Security Agreement (Krispy Kreme Doughnuts Inc), First Lien Security Agreement (Krispy Kreme Doughnuts Inc)
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 deficiencydeficiency to the extent the Obligors are obligated under this Agreement.
Appears in 3 contracts
Samples: Security Agreement (Somerset Power LLC), Credit Agreement (Chart Industries Inc), Security Agreement (Chart Industries 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 (Bio Plexus Inc), Security Agreement (Commerce 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.), Security 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 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 7.07 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Grantors shall remain liable for any deficiency.
Appears in 1 contract
Samples: Pledge and Security Agreement (Fuelcell Energy 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 deficiency.. Guarantee and Security Agreement
Appears in 1 contract
Samples: Guarantee and Security Agreement (Corporate Capital Trust, 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 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 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
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: Guarantee and Security 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 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 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 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 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 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.. 8.05
Appears in 1 contract
