Common use of Proceeds of Foreclosure Clause in Contracts

Proceeds of Foreclosure. The proceeds of any sale held in foreclosure of the liens and/or security interests evidenced hereby shall be applied: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to all court costs and charges of every character in the event foreclosed by suit and including but not limited to a reasonable fee to the Trustee if such sale was made by the Trustee acting under the provisions of Section 4.4(a); SECOND, to the payment of the secured indebtedness (including specifically without limitation the principal, interest and attorneys' fees due and unpaid on the Notes and the amounts due and unpaid and owed under this Mortgage) in such manner and order as Agent may elect; and THIRD, the remainder, if any there shall be. shall be paid to Mortgagor, or to Mortgagor's heirs, devisees, representatives, successors or assigns, or such other persons as may be entitled thereto by law.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Energy Corp)

AutoNDA by SimpleDocs

Proceeds of Foreclosure. The proceeds of any sale held in foreclosure or other enforcement of the liens and/or security interests created or evidenced hereby shall be appliedapplied as follows: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure salesale or other enforcement, including but not limited to all court costs and charges of every character in the event foreclosed by suit or any judicial proceeding and including but not limited to a reasonable fee to the Trustee if such sale was made by the Trustee acting under the provisions of Section 4.4(a4.4.(a); SECOND, to the payment of the secured indebtedness (including specifically without limitation the principal, interest and attorneys' fees due and unpaid on under the Notes Loan Agreement and the amounts due and unpaid and owed under this MortgageInstrument) in such manner and order as Agent may electprovided by the Loan Agreement; and THIRD, the remainder, if any there shall be. , shall be paid to MortgagorGrantor, or to Mortgagor's Grantor’s heirs, devisees, representatives, successors or assigns, or such other persons as may be entitled thereto by law.

Appears in 1 contract

Samples: Loan Agreement (Uranium Resources Inc /De/)

Proceeds of Foreclosure. The proceeds of any sale held in foreclosure of the liens and/or security interests evidenced hereby shall be applied: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to all court costs and charges of every character in the event foreclosed by suit or any judicial proceeding and including but not limited to a reasonable fee to the Trustee if such sale was made by the Trustee acting under the provisions of Section 4.4(a); SECOND, to the payment of the secured indebtedness (including specifically without limitation the principal, interest and attorneys' fees due and unpaid on the Notes and the amounts due and unpaid and owed under this Mortgage) in such manner and order as Agent Mortgagee may elect; and THIRD, the remainder, if any there shall be. , shall be paid to Mortgagor, or to Mortgagor's heirs, devisees, representatives, successors or assigns, or such other persons as may be entitled thereto by law.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Delta Petroleum Corp/Co)

Proceeds of Foreclosure. The proceeds of any sale held in foreclosure of the liens and/or security interests evidenced hereby shall be applied: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to all court costs and charges of every character in the event foreclosed by suit and including but not limited to a reasonable fee to the Trustee if such sale was made by the Trustee acting under the provisions of Section 4.4(a); -5- 263 SECOND, to the payment of the secured indebtedness (including specifically without limitation the principal, interest and attorneys' fees due and unpaid on the Notes Credit Agreement and the amounts due and unpaid and owed under this Mortgage) in such manner mariner and order as Agent may elect; and THIRD, the remainder, if any there shall be. , shall be paid to Mortgagor, or to Mortgagor's heirs, devisees, representatives, successors or assigns, or such other persons as may be entitled thereto by law."

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Energy Corp)

AutoNDA by SimpleDocs

Proceeds of Foreclosure. The proceeds of any sale held in foreclosure of the liens and/or security interests evidenced hereby shall be applied: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to all court costs and charges of every character in the event foreclosed by suit or any judicial proceeding and including but not limited to a reasonable fee to the Trustee if such sale was made by the Trustee acting under the provisions of Section 4.4(a4.4.(a); SECOND, to the payment of the secured indebtedness (including specifically without limitation the principal, interest and attorneys' fees due and unpaid on under the Notes Credit Agreement and the amounts due and unpaid and owed under this Mortgage) in such manner and order as Agent may electprovided by the Credit Agreement; and THIRD, the remainder, if any there shall be. , shall be paid to Mortgagor, or to Mortgagor's heirs, devisees, representatives, successors or assigns, or such other persons as may be entitled thereto by law.

Appears in 1 contract

Samples: Deed of Trust, Assignment, Security Agreement, Fixture Filing and Financing Statement (Pacific Energy Resources LTD)

Proceeds of Foreclosure. The proceeds of any sale held in foreclosure of the liens and/or security interests evidenced hereby shall be applied: FIRST, to the payment of all necessary costs and expenses incident to such foreclosure sale, including but not limited to all court costs and charges of every character in the event foreclosed by suit and including but not limited to a reasonable fee to the Trustee compensation of the keeper, if such sale was made by the Trustee acting under the provisions of Section 4.4(a)any; SECOND, to the payment of the secured indebtedness (including specifically without limitation the principal, interest and attorneys' fees due and unpaid on the Notes Note and the amounts due and unpaid and owed under this Mortgage) in such manner and order as Agent Mortgagee may elect; and THIRD, the remainder, if any there shall be. , shall be paid to Mortgagor, or to Mortgagor's heirs, devisees, representatives, successors or assigns, or such other persons as may be entitled thereto by law.

Appears in 1 contract

Samples: Mortgage, Assignment, Security Agreement, Fixture Filing and Financing Statement (Cheniere Energy Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!