Common use of Proceeds of Remedies Clause in Contracts

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.

Appears in 4 contracts

Samples: Loan Agreement (Online Resources & Communications Corp), Loan Agreement (Metrisa Inc), Loan Agreement (Harolds Stores Inc)

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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 including, without limitation limitation, reasonable attorneys' attorney's 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 obligations of BorrowerBorrower 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 Borrower or to any other person lawfully thereunto entitled.

Appears in 3 contracts

Samples: Loan Agreement (Data National Corp), Loan Agreement (Factory Card Outlet Corp), Loan Agreement (Paysys International Inc)

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.

Appears in 3 contracts

Samples: Loan Agreement (Accentia Biopharmaceuticals Inc), Loan Agreement (Accentia Biopharmaceuticals Inc), Loan Agreement (Accentia Biopharmaceuticals Inc)

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 BorrowerObligations, including including, but not limited to to, the payment of the principal of and interest on the indebtedness evidenced by the NoteNotes, in such order of priority as Lender shall determine in its sole discretion; and Fourth, the remainder, if any, to Borrower the applicable Loan Party or to any other person lawfully thereunto entitled.

Appears in 2 contracts

Samples: Loan and Security Agreement (Melt Pharmaceuticals, Inc.), Loan and Security Agreement (Harrow Health, Inc.)

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' attorney's fees and disbursementsexpenses, 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 BorrowerSecured Obligations, including but not limited to the payment of the principal of and interest on the indebtedness indebtednesses 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.

Appears in 2 contracts

Samples: Loan Agreement (European Micro Holdings Inc), Loan and Security Agreement (European Micro Holdings Inc)

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 BorrowerBorrowers, 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 Borrowers or to any other person lawfully thereunto entitled.

Appears in 2 contracts

Samples: Loan Agreement (Dreams Inc), Loan Agreement (Dreams Inc)

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: FirstFIRST, to the costs and expenses, including without limitation reasonable attorneys' fees and disbursementsattorney's fees, incurred by Lender in connection with the exercise of its remedies; SecondSECOND, 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; ThirdTHIRD, to the payment of the Obligations indebtedness and other obligations of BorrowerBorrower under this Agreement, the Note and the Loan Documents, 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 FourthFOURTH, the remainder, if any, to Borrower or to any other person lawfully thereunto entitled.

Appears in 2 contracts

Samples: Loan Agreement (Find SVP Inc), Loan Agreement (Find SVP Inc)

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 without limitation reasonable attorneys' fees and disbursementsattorney's fees, 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 the Obligations obligations of BorrowerBorrowers under the Loan Documents (the "Obligations"), including but not limited to the payment of the principal of and interest, to the extent that interest has accrued at the time of the application of the proceeds, on the indebtedness evidenced by the Note, in such order of priority as Lender shall determine in its sole discretion; and and (d) Fourth, the remainder, if any, to Borrower Borrowers or to any other person lawfully thereunto entitled.

Appears in 1 contract

Samples: Loan Agreement (Lakes Entertainment Inc)

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 including, without limitation limitation, reasonable attorneys' attorney's 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 obligations of BorrowerBorrower 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 Borrower or to any other person lawfully thereunto entitledBorrower.

Appears in 1 contract

Samples: Loan Agreement (Radiant Systems Inc)

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 Operative 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 disbursementsattorney'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 obligations of BorrowerBorrower under the Operative 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 Borrower or to any other person lawfully thereunto entitled.

Appears in 1 contract

Samples: Loan Agreement (Smart Choice Automotive Group Inc)

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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 including, without limitation limitation, reasonable attorneys' attorney's fees and disbursements, incurred by Lender Lenders in connection with the exercise of its remedies; Second, to the expenses of curing the default that has occurred, in the event that Lender electsLenders elect, in its their sole discretion, to cure the default that has occurred; Third, to the payment of the Obligations obligations of BorrowerBorrower 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 NoteNotes, in such order of priority as Lender Lenders shall determine in its sole discretion; and Fourth, the remainder, if any, to Borrower or to any other person lawfully thereunto entitled.

Appears in 1 contract

Samples: Loan Agreement (Dynagen Inc)

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 disbursementsattorney'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 obligations of BorrowerBorrower 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 Borrower or to any other person lawfully thereunto entitled.

Appears in 1 contract

Samples: Loan Agreement (Horizon Medical Products Inc)

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 are specified, or if the remedy is provided by this Agreement, then as follows: First, to the costs and expenses, including including, without limitation limitation, reasonable attorneys' attorney's 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 obligations of Borrowerthe CIC Entities 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 Borrower or to any other person lawfully thereunto entitled.

Appears in 1 contract

Samples: Loan Agreement (Check Into Cash Inc)

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 disbursementsattorney'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 obligations of BorrowerBorrower 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 Borrower or to any other person lawfully thereunto entitled.

Appears in 1 contract

Samples: Loan Agreement (American Consolidated Laboratories Inc)

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 disbursementsattorney'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 obligations of BorrowerBorrower 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 NoteNotes, 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.

Appears in 1 contract

Samples: Loan Agreement (Network Event Theater Inc)

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 disbursementsattorney'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 obligations of BorrowerBorrower 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 discretionfirst against unpaid interest, and second, against principal; and Fourth, the remainder, if any, to Borrower or to any other person lawfully thereunto entitled.

Appears in 1 contract

Samples: Loan Agreement (Merge Technologies Inc)

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