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.
Appears in 2 contracts
Samples: Loan and Security Agreement (Forward Air Corp), Loan Agreement (Bethlehem Corp)
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 ’s fees, incurred by Lender TVA in connection with the exercise of its remedies; Second, to the expenses of curing the default that has occurred, in the event that Lender TVA 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 indebtedness evidenced by the NotesNote, in such order of priority as Lender TVA 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: Commercial Loan and Security Agreement (Dorman 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 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 indebtedness evidenced by the NotesAcquisition 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
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 feesfees and expenses, 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 Secured Obligations, including but not limited to the payment of the principal of and interest on the indebtednesses indebtedness 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 "hereunto entitled.
Appears in 1 contract
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) Documents 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 feesfees and expenses, incurred by Lender Bank in connection with the exercise of its remedies; Second, to the expenses of curing the default that has occurred, in the event that Lender Bank elects, in its sole discretion, to cure the 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 on the indebtednesses indebtedness evidenced by the NotesNote, in such order of priority as Lender Bank 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
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 Secured Obligations, including but not limited to the payment of the principal of and interest on the indebtednesses indebtedness evidenced by the NotesNote, in such order of priority as Lender shall determine in its it sole discretion; and Fourth, the remainder, if any, to Borrower or to any other person lawfully thereunto entitled.
Appears in 1 contract
Samples: Loan and Security Agreement (Paysys International Inc)