Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other Secured Parties are legally entitled in respect of the Pledgor Obligations, the Pledgors shall remain jointly and severally liable for such deficiency, together with interest, costs of collection, attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreement. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 4 contracts
Samples: Pledge Agreement (Government Properties Income Trust), Credit Agreement (Government Properties Income Trust), Pledge Agreement (Trustreet Properties Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 25 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collection, collection and reasonable attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementexpenses. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 4 contracts
Samples: Pledge Agreement, Credit Agreement (Wageworks, Inc.), Credit Agreement (Wageworks, Inc.)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Collateral Agent or other Secured Parties the holders of the Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such deficiencythe deficiency (subject to Section 26 hereof), together with interestinterest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable costs of collection, collection and reasonable attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementdisbursements. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 4 contracts
Samples: Credit Agreement (HSN, Inc.), Pledge Agreement (HSN, Inc.), Pledge Agreement (HSN, Inc.)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 29 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collection, collection and attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementexpenses. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 3 contracts
Samples: Pledge Agreement (NOODLES & Co), Pledge Agreement (NOODLES & Co), Pledge Agreement (NOODLES & Co)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Collateral Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such deficiencythe deficiency (subject to Section 25 hereof), together with interestinterest thereon at the Default Rate, together with the costs of collection, collection and reasonable attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementexpenses. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 3 contracts
Samples: Pledge Agreement (Armstrong World Industries Inc), Pledge Agreement (Armstrong World Industries Inc), Pledge Agreement (Armstrong World Industries Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 23 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collectioncollection and the reasonable fees, attorneys’ fees charges and such other amounts, in each case as are provided for in the Credit Agreementdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 3 contracts
Samples: Pledge Agreement, Pledge Agreement (Dermira, Inc.), Pledge Agreement (Kala Pharmaceuticals, Inc.)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 24 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the reasonable and documented costs of collection, collection and attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementexpenses. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 3 contracts
Samples: Pledge Agreement, Pledge Agreement (Providence Service Corp), Pledge Agreement (Providence Service Corp)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interestinterest thereon at the Default Rate for Base Rate Loans, together with the costs of collection, attorneys’ fees collection and such other amounts, in each case as are provided for in the Credit AgreementAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 3 contracts
Samples: Pledge Agreement (Fti Consulting Inc), Pledge Agreement (Fti Consulting Inc), Pledge Agreement (Fti Consulting Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the entitled, Pledgor Obligations, the Pledgors shall remain be jointly and severally liable with the other Credit Parties for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collectioncollection and the fees, attorneys’ fees charges and such other amounts, in each case as are provided for in the Credit Agreementdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 3 contracts
Samples: Pledge Agreement (Griffin-American Healthcare REIT IV, Inc.), Pledge Agreement (Griffin-American Healthcare REIT III, Inc.), Pledge Agreement (Griffin-American Healthcare REIT III, Inc.)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other Secured Parties the Lenders are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interestinterest thereon at the ABR Default Rate, together with the costs of collection, attorneys’ collection and the reasonable fees and of any attorneys employed by the Administrative Agent to collect such other amounts, in each case as are provided for in the Credit Agreementdeficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 3 contracts
Samples: Credit Agreement (Nci Building Systems Inc), Pledge Agreement (Capitalsource Inc), Pledge Agreement (Mortons Restaurant Group Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interest, interest thereon at the Default Rate together with the costs of collection, attorneys’ collection and the reasonable fees and of any attorneys employed by the Administrative Agent to collect such other amounts, in each case as are provided for in the Credit Agreementdeficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Credit Party Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 2 contracts
Samples: Pledge Agreement (Carrols Restaurant Group, Inc.), Pledge Agreement (VOXX International Corp)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other Secured Parties the Lenders are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interest, interest thereon at the ABR Default Rate together with the costs of collection, attorneys’ collection and the reasonable fees and of any attorneys employed by the Administrative Agent to collect such other amounts, in each case as are provided for in the Credit Agreementdeficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 2 contracts
Samples: Pledge Agreement (Armor Holdings Inc), Credit Party Pledge Agreement (Riviera Holdings Corp)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 24 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collectioncollection and the fees, attorneys’ fees charges and such other amounts, in each case as are provided for in the Credit Agreementdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 2 contracts
Samples: Pledge Agreement (Amedisys Inc), Pledge Agreement (Amedisys Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other Secured Parties the Lenders are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interest, costs interest thereon at the default rate provided in Section 3.1 of collection, attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreement, together with the costs of collection and the reasonable fees of any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the appropriate Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 2 contracts
Samples: Credit Agreement (Personnel Group of America Inc), Credit Agreement (Personnel Group of America Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collectioncollection and the fees, attorneys’ fees charges and such other amounts, in each case disbursements of counsel as are provided for in the Credit AgreementLoan Documents. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations (subject to Section 2(b)) shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 2 contracts
Samples: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other Secured Parties the Lenders are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interest, costs interest thereon at the default rate set forth in Section 4.2 of collection, attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreement, together with the costs of collection and the reasonable fees of any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 2 contracts
Samples: Credit Agreement (Wolverine Tube Inc), Pledge Agreement (Wolverine Tube Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interestinterest thereon at the Default Rate for Base Rate Term Loans, together with the costs of collection, collection and reasonable attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementfees. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 2 contracts
Samples: Pledge Agreement (Ipayment Inc), Credit Agreement (Ipayment Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Collateral Agent or other the Secured Parties Creditors are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 23 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collection, collection and attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementexpenses. Any surplus remaining after the full payment and satisfaction of the Pledgor Senior Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 2 contracts
Samples: Pledge Agreement (Ruby Tuesday Inc), Loan Facility Agreement and Guaranty (Ruby Tuesday Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Collateral Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such deficiencythe deficiency (subject to Section 24 hereof), together with interestinterest thereon at the Default Rate, together with the costs of collection, collection and reasonable attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementexpenses. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 2 contracts
Samples: Pledge Agreement (Kraton Performance Polymers, Inc.), Pledge Agreement (Kraton Polymers LLC)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interestinterest thereon at the Default Rate for Base Rate Loans, together with the costs of collection, collection and reasonable attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementfees. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 2 contracts
Samples: Pledge Agreement (Ict Group Inc), Pledge Agreement (Ict Group Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 23 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the reasonable costs of collection, attorneys’ fees collection and such other amounts, in each case as are provided for in the Credit AgreementAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 2 contracts
Samples: Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (Prometheus Laboratories Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Collateral Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 24 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collection, attorneys’ fees collection and such other amounts, in each case as are provided for in the Credit Agreementreasonable attorney’s fees. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Pledge Agreement (GFI Group Inc.)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties Creditors are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 23 hereof) for such the deficiency, together with interestinterest thereon at the Default Interest rate, together with the costs of collection, collection and attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementexpenses. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Pledge Agreement (Ruby Tuesday Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other Secured Parties are Lender is legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interestinterest thereon at the default rate provided in Section 2.3 of the Note, together with the costs of collection, attorneys’ collection and the reasonable fees and of any attorneys employed by Lender to collect such other amounts, in each case as are provided for in the Credit Agreementdeficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the appropriate Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Pledge Agreement (Genicom Corp)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such deficiencythe deficiency (subject to Section 26 hereof), together with interestinterest thereon at the Default Rate for Loans that are Base Rate Loans, together with reasonable costs of collection, attorneys’ fees collection and such other amounts, in each case as are provided for in the Credit Agreementreasonable attorney fees. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, (b) together with interest thereon at the Default Rate for Base Rate Loans, together with interest, the costs of collection, collection and reasonable attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementfees. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Collateral Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interest, costs interest thereon at the Default Rate specified in Section 2.08 of collection, attorneys’ fees and such other amounts, in each case as are provided for in the Credit AgreementAgreement for Base Rate Loans, together with Attorney Costs. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 24 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the reasonable costs of collection, collection and attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementexpenses. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Pledge Agreement (Dollar Thrifty Automotive Group Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other Secured Parties and the Lenders are legally entitled in respect of entitled, the Pledgor Obligations, the Pledgors shall remain jointly and severally be liable for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collection, attorneys’ collection and the reasonable fees and of any attorneys employed by the Administrative Agent or the Lenders to collect such other amounts, in each case as are provided for in the Credit Agreementdeficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Secured Guaranty Pledge Agreement (Wells Timberland REIT, Inc.)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other Secured Parties the Lenders are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collection, attorneys’ collection and the reasonable fees and of any attorneys employed by the Agent to collect such other amounts, in each case as are provided for in the Credit Agreementdeficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Senior Secured Working Capital Credit Facility (Transmontaigne Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 24 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collection, attorneys’ fees collection and such other amounts, in each case as are provided for in the Credit AgreementAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 23 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collectioncollection and the reasonable fees, attorneys’ fees charges and such other amounts, in each case as are provided for in the Credit Agreementdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Pledge Agreement (Veracyte, Inc.)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties Creditors are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 22 hereof) for such the deficiency, together with interestinterest thereon at the Default Interest rate, together with the costs of collection, collection and attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementexpenses. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Pledge Agreement (Ruby Tuesday Inc)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Domestic Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 23 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collection, collection and attorneys’ fees and such other amounts, in each case as are provided for in the Credit Agreementexpenses. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interest, costs interest thereon at the Default Rate specified in Section 2.08 of collection, attorneys’ fees and such other amounts, in each case as are provided for in the Credit AgreementAgreement for Base Rate Loans, together with Attorney Costs. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Ardent Health Partners, LLC)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable with the other Credit Parties for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collectioncollection and the fees, attorneys’ fees charges and such other amounts, in each case as are provided for in the Credit Agreementdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the entitled, each Pledgor Obligations, the Pledgors shall remain be jointly and severally liable with the other Credit Parties for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collectioncollection and the fees, attorneys’ fees charges and such other amounts, in each case as are provided for in the Credit Agreementdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Credit Agreement (Griffin-American Healthcare REIT III, Inc.)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Collateral Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of entitled, the Pledgor Obligations, the Pledgors shall remain jointly and severally be liable for such the deficiency, together with interestinterest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with the costs of collection, attorneys’ fees collection and such other amounts, in each case as are provided for in the Credit AgreementAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Pledge Agreement (Amerigroup Corp)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such deficiencythe deficiency (subject to Section 25), together with interest, costs of collection, attorneys’ fees and such other amounts, in each case as are provided for interest thereon at the Default Rate specified in the Credit AgreementAgreement for Revolving Loans that are Base Rate Loans, together with the reasonable costs of collection and Attorney Costs. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned promptly to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Samples: Pledge Agreement (Bioreliance Corp)
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 22 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collectioncollection and the reasonable fees, attorneys’ fees charges and such other amounts, in each case as are provided for in the Credit Agreementdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other the holders of the Secured Parties Obligations are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable for such the deficiency, together with interestinterest thereon at the rate for Base Rate Loans, together with the costs of collection, attorneys’ fees collection and such other amounts, Attorney Costs in each case as are the manner and to the extent provided for in Section 11.04 of the Credit Agreement. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
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Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Canadian Administrative Agent or other the Secured Parties are legally entitled in respect of the Pledgor Obligationsentitled, the Pledgors shall remain be jointly and severally liable (subject to Section 23 hereof) for such the deficiency, together with interestinterest thereon at the Default Rate, together with the costs of collection, attorneys’ collection and legal fees and such other amounts, in each case as are provided for in the Credit Agreementexpenses. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
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Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or other Secured Parties the Lenders are legally entitled in respect of entitled, the Pledgor Obligations, the Pledgors shall remain jointly and severally be liable for such the deficiency, together with interest, interest thereon at the ABR Default Rate together with the costs of collection, attorneys’ collection and the reasonable fees and of any attorneys employed by the Administrative Agent to collect such other amounts, in each case as are provided for in the Credit Agreementdeficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Secured Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.
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