Common use of Expenses; Proceeds of Collateral Clause in Contracts

Expenses; Proceeds of Collateral. The Borrower and the Guarantors covenant and agree that they shall pay to the Lender, on demand, any and all reasonable out-of-pocket expenses, including reasonable attorneys’ fees, court costs, sheriffs’ fees and other expenses incurred or paid by the Lender in protecting and enforcing its rights under this Agreement, the Loan Documents, and the other Obligations, including the costs of preparation of this Agreement and the Loan Documents, and any amendments, modifications, consents or waivers in respect thereof, and all filing, auditing, accounting and appraisal fees, if any are required. After deducting all of said expenses and the reasonable expenses of retaking, holding, preparing for sale, selling and the like, the residue of any proceeds of collections or sale of Collateral shall be applied to the payment of principal of or interest on Obligations of the Borrower to the Lender in such order or preference as the Lender may determine and any excess shall be returned to the Borrower (subject to the provisions of the Uniform Commercial Code) and the Borrower shall remain liable for any deficiency.

Appears in 2 contracts

Samples: Commercial Loan Agreement (VeriChip CORP), Commercial Loan Agreement (Applied Digital Solutions Inc)

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Expenses; Proceeds of Collateral. The Borrower covenants and the Guarantors covenant and agree agrees that they it shall pay to the LenderBank, on demand, any and all reasonable out-out- of-pocket expenses, including reasonable attorneys’ fees, court costs, sheriffs’ ' fees and other expenses incurred or paid by the Lender Bank in protecting and enforcing its rights under this Agreement, the Loan Documents, and the other Obligations, including the costs of preparation of this Agreement and its supporting documents including all filing and appraisal fees (as provided herein), and the participation of interests in the Loan Documents(including the reasonable attorneys fees of such participants). Without limiting the foregoing, the Bank shall have the right to recover its out-of-pocket costs in connection with the administration of the Loan, and any amendmentsto recover its out-of-pocket costs and/or collect fees in connection with requests for consents and waivers of compliance with covenants, modifications, consents or waivers other material changes in respect thereof, and all filing, auditing, accounting and appraisal fees, if any are requiredthe Loan. After deducting all of said expenses and the reasonable expenses of retaking, holding, preparing for sale, selling and the like, the residue of any proceeds of collections or of sale of the Collateral shall be applied to the payment of principal of or interest on Obligations of the Borrower to the Lender Loan in such order or preference as the Lender Bank may determine determine, and any excess shall be returned to the Borrower (subject to the provisions of Section 9-504 of the Uniform Commercial Code) and the Borrower shall remain liable for any deficiency.

Appears in 1 contract

Samples: Loan Agreement (Pennichuck Corp)

Expenses; Proceeds of Collateral. The Borrower BORROWER covenants and the Guarantors covenant and agree ________________________________ agrees that they it shall pay to the LenderBANK, on demand, any and all reasonable out-of-pocket expenses, including reasonable attorneys' fees, court costs, sheriffs’ fees ' fees, and other expenses incurred or paid by the Lender BANK in protecting and enforcing its rights under this Agreement, the Loan Documents, and the other Obligations, including the costs of preparation of this Agreement and the Loan Documents, and any amendments, modifications, consents consents, or waivers in respect thereofof the Loan Agreements or the Loan Documents, and all filing, auditing, accounting accounting, and appraisal fees, if any are required. After deducting all of said expenses and the reasonable expenses of retaking, holding, preparing for sale, selling and the like, the residue of any proceeds of collections or sale of Collateral shall be applied to the payment of principal of or interest on Obligations of the Borrower BORROWER to the Lender BANK in such order or preference as the Lender BANK may determine determine, and any excess shall be returned to the Borrower BORROWER (subject to the provisions of the Uniform Commercial Code) and the Borrower BORROWER shall remain liable for any deficiency.

Appears in 1 contract

Samples: Loan Agreement (American Electromedics Corp)

Expenses; Proceeds of Collateral. The Borrower BORROWER covenants and the Guarantors covenant and agree agrees that they it shall pay to the LenderBANK, on demand, any and all reasonable out-of-pocket expenses, including reasonable attorneys' fees, court costs, sheriffs’ fees ' fees, and other expenses incurred or paid by the Lender BANK in protecting and enforcing its rights under this Agreement, the Loan Documents, and the other Obligations, including the costs of preparation of this Agreement and the Loan Documents, and any amendments, modifications, consents consents, or waivers in respect thereofof the Loan Agreements or the Loan Documents, and all filing, auditing, accounting accounting, and appraisal fees, if any are required. After deducting all of said expenses and the reasonable expenses of retaking, holding, preparing for sale, selling and the like, the residue of any proceeds of collections or sale of Collateral shall be applied to the payment of principal of or interest on Obligations of the Borrower BORROWER to the Lender BANK in such order or preference as the Lender BANK may determine determine, and any excess shall be returned to the Borrower BORROWER (subject to the provisions of the Uniform Commercial Code) and the Borrower BORROWER shall remain liable for any deficiency.

Appears in 1 contract

Samples: Loan Agreement (Presstek Inc /De/)

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Expenses; Proceeds of Collateral. The Borrower covenants and the Guarantors covenant and agree agrees that they shall pay to the Lender, on demand, any and all reasonable out-of-pocket expenses, including reasonable attorneys’ fees, court costs, sheriffs’ fees and other expenses incurred or paid by the Lender in protecting and enforcing its rights under this Agreement, the Loan Documents, and the other Obligations, including the costs of preparation of this Agreement and the Loan Documents, and any amendments, modifications, consents or waivers in respect thereof, and all filing, auditing, accounting and appraisal fees, if any are required. After deducting all of said expenses and the reasonable expenses of retaking, holding, preparing for sale, selling and the like, the residue of any proceeds of collections or sale of Collateral shall be applied to the payment of principal of or interest on Obligations of the Borrower to the Lender in such order or preference as the Lender may determine and any excess shall be returned to the Borrower (subject to the provisions of the Uniform Commercial Code) and the Borrower shall remain liable for any deficiency.

Appears in 1 contract

Samples: Commercial Loan Agreement (Infotech Usa Inc)

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