Proceeds of Remedies. Any or all proceeds resulting from the exercise of any or all of the foregoing remedies shall be applied as set forth in the Loan Document(s) providing the remedy or remedies exercised, if none is specified, or if the remedy is provided by this Agreement, then as follows: First, to the costs and expenses, including without limitation reasonable attorneys' fees and disbursements, incurred by Lender in connection with the exercise of its remedies; Second, to the expenses of curing the default that has occurred, in the event that Lender elects, in its sole discretion, to cure the default that has occurred; Third, to the payment of the Obligations of Borrower, including but not limited to the payment of the principal of and interest on the indebtedness evidenced by the Note, in such order of priority as Lender shall determine in its sole discretion; and Fourth, the remainder, if any, to Borrower or to any other person lawfully thereunto entitled.
Proceeds of Remedies. Any or all proceeds resulting from the exercise of any or all of the foregoing remedies shall be applied as set forth in the Loan Document(s) providing the remedy or remedies exercised; if none is specified, or if the remedy is provided by this Agreement, then as follows:
Proceeds of Remedies. Any or all proceeds resulting from the exercise of any or all of the foregoing remedies shall be applied as set forth in the Loan Document(s) providing the remedy or remedies exercised; if none is specified, or if the remedy is provided by this Agreement, then as follows: First, to the costs and expenses, including reasonable attorney's fees, incurred by Lender in connection with the exercise of its remedies; Second, to the expenses of curing the default that has occurred, in the event that Lender elects, in its sole discretion, to cure the default that has occurred; Third, to the payment of the Obligations, including but not limited to the payment of the principal of and interest on the indebtednesses evidenced by the Notes, in such order of priority as Lender shall determine in its sole discretion; and Fourth, the remainder, if any, to Borrower or to any other person lawfully thereunto entitled.
Proceeds of Remedies. Any or all proceeds resulting from the exercise of any or all of the foregoing remedies shall be applied as set forth in the Loan Document(s) providing the remedy or remedies exercised; if none is specified, or if the remedy is provided by this Agreement, then as follows:
(a) First, to the costs and expenses, including reasonable attorney and paralegal fees and costs, incurred by Lender in connection with the exercise of its remedies;
(b) Second, to the expenses of curing the default that has occurred, in the event that Lender elects, in its sole discretion, to cure the default that has occurred;
(c) Third, to the payment of accrued and unpaid interest on the indebtedness evidenced by the Notes;
(d) Fourth, to the payment of the unpaid principal of the Notes;
(e) Fifth, to the payment of all other Secured Obligations; and
(f) Sixth, the remainder, if any, to the Borrowers or to any other person lawfully thereunto entitled.
Proceeds of Remedies. Any or all proceeds resulting from the exercise of any or all of the foregoing remedies shall be applied as set forth in the Loan Document(s) providing the remedy or remedies exercised; if none is specified, or if the remedy is provided by this Agreement, then as follows: First, to the payment of any fees, expenses, reimbursements or indemnities then due from the Borrower to the Administrative Agent; Second, to the payment of any fees, expenses, reimbursements or indemnities then due from the Borrower to the Lenders, or any of them; Third, to the ratable payment of the indebtedness and other obligations of Borrower under this Agreement, the Notes and the Loan Documents, including the payment of the principal of and interest on the indebtedness evidenced by the Notes; and Fourth, the remainder, if any, to Borrower or to any other person lawfully thereunto entitled.
Proceeds of Remedies. Any or all proceeds resulting from the exercise of any or all of the foregoing remedies shall be applied as set forth in the Loan Document(s) providing the remedy or remedies exercised; if none is specified, or if the remedy is provided by this Agreement, then as follows: First, to the costs and expenses, including, without limitation, reasonable attorney's fees incurred by Lender in connection with the exercise of its remedies; Second, to the expenses of curing the default that has occurred, in the event that Lender elects, in its sole discretion, to cure the default that has occurred;
Proceeds of Remedies. Any or all proceeds resulting from the -------------------- exercise of any or all of the foregoing remedies shall be applied as set forth below: First, to the costs and expenses, including without limitation reasonable attorneys' fees and disbursements, incurred by InterCept in connection with the exercise of its remedies; Second, to the expenses of curing the default that has occurred, in the event that InterCept elects, in its sole discretion, to cure the default that has occurred; Third, to the payment of the Obligations of Borrowers, including but not limited to the payment of the principal of and interest on the indebtedness evidenced by the Note, in such order of priority as InterCept shall determine in its sole discretion; and Fourth, the remainder, if any, to Borrowers or to any other person lawfully thereunto entitled.
Proceeds of Remedies. Any or all proceeds resulting from the exercise of any or all of the foregoing remedies shall be applied as set forth in the Loan Document(s) providing the remedy or remedies exercised, if none is specified, or if the remedy is provided by this Agreement, then as follows: First, to the costs and expenses, including without limitation reasonable attorneys’ fees and disbursements, incurred by Investors in connection with the exercise of their remedies; Second, to the reasonable expenses of curing the Default that has occurred, in the event that Investors elect, in their sole discretion, to cure the Default that has occurred; Third, to the payment of the Obligations under the Loan Documents of the Company, including but not limited to the payment of the principal of and interest on the Indebtedness evidenced by the Notes, in such order of priority as Investors shall determine in their sole discretion; provided, however, that any payment of the Obligations must be made pro-rata among the Investors and pari passu with payment of the obligations of the Company under the 2006 Phoenix Note; and Fourth, the remainder, if any, to the Company or to any other Person lawfully thereunto entitled.
Proceeds of Remedies. Any or all proceeds resulting from the exercise of any or all of the foregoing remedies shall be applied as set forth in the Credit Document(s) providing the remedy or remedies exercised; if none is specified, or if the remedy is provided by this Agreement, then as follows: First, to the cost and expenses, including reasonable attorneys' fees, incurred by Issuer in connection with the exercise of its remedies; Second, at the election of Issuer, in its sole discretion, to the expenses of curing the Event of Default that has occurred, in the event that Issuer elects, in its sole discretion, to cure the Event of Default that has occurred; Third, to the payment of the Secured Obligations, including but not limited to the payment of the principal of and interest, if any, on all indebtedness under any Standby Letter of Credit, in such order of priority as Issuer shall determine in its sole discretion; and Fourth, the remainder, if any, to the party lawfully thereunto entitled.
Proceeds of Remedies. Any or all proceeds resulting from the exercise -------------------- of any or all of the foregoing remedies shall be applied as set forth in the Loan Document(s) providing the remedy or remedies exercised; if none is specified, or if the remedy is provided by this Agreement, then as follows: Subject to the Senior Lender Subordination Agreement, first, to the costs and expenses, including without limitation reasonable attorney's fees, incurred by Lender in connection with the exercise of its remedies; Second, to the expenses of curing the default that has occurred, in the event that Lender elects, in its sole discretion, to cure the default that has occurred; Third, to the payment of the obligations of Debtor Parties under the Loan Documents (the "Obligations"), including but not limited to the payment of the principal of and interest on the indebtedness evidenced by the Note, in such order of priority as Lender shall determine in its sole discretion; and Fourth, the remainder, if any, to Debtor Parties or to any other person lawfully thereunto entitled.
