Common use of Surplus, Deficiency Clause in Contracts

Surplus, Deficiency. Any surplus proceeds of any sale or other disposition by the Purchaser of any Collateral remaining after discharge of the Purchase Agreement and after all Secured Obligations are paid in full and in cash and any payments required by Section 9-608(a)(1)(C) or 9-615(a)(3) of the NYUCC are paid in full shall be paid over to the Grantor entitled thereto, or to whomever may be lawfully entitled to receive such surplus or as a court of competent jurisdiction may direct, but prior to termination and discharge of the Purchase Agreement, such surplus proceeds may be retained by the Purchaser and held as Collateral until termination and discharge of the Purchase Agreement. The Seller and each Guarantor shall be and remain liable for any deficiency.

Surplus, Deficiency. Any surplus proceeds of any sale or other disposition by the Purchaser Agent of any Collateral remaining after discharge of the Purchase Credit Agreement and after all Secured Obligations are paid in full and in cash and any payments required by Section Sections 9-608(a)(1)(C) or 9-615(a)(3) of the NYUCC are paid in full shall be paid over to the Grantor entitled thereto, or to whomever may be lawfully entitled to receive such surplus or as a court of competent jurisdiction may direct, but prior to termination and discharge of the Purchase Credit Agreement, such surplus proceeds may be retained by the Purchaser Agent and held as Collateral until termination and discharge of the Purchase Credit Agreement. The Seller Each Borrower and each Guarantor shall be and remain liable for any deficiency.

Surplus, Deficiency. Any surplus proceeds of any sale or other disposition by the Purchaser Agent of any Collateral remaining after discharge of the Purchase Credit Agreement and after all Secured Obligations are paid Paid in full Full and in cash and any payments required by Section 9-608(a)(1)(C) or 9-615(a)(3) of the NYUCC are paid Paid in full Full shall be paid over to the Grantor entitled thereto, or to whomever may be lawfully entitled to receive such surplus or as a court of competent jurisdiction may direct, but prior to termination and discharge of the Purchase Credit Agreement, such surplus proceeds may be retained by the Purchaser Agent and held as Collateral until termination and discharge of the Purchase Credit Agreement. The Seller Borrower and each Guarantor other Grantor shall be and remain liable for any deficiency.

Surplus, Deficiency. Any surplus proceeds of any sale or other disposition by the Purchaser Administrative Agent of any Collateral remaining after discharge of the Purchase Credit Agreement and after all Secured Obligations are paid in full and in cash and any payments required by Section Sections 9-608(a)(1)(C) or 9-615(a)(3) of the NYUCC are paid in full shall be paid over to the Grantor entitled thereto, or to whomever may be lawfully entitled to receive such surplus or as a court of competent jurisdiction may direct, but prior to termination and discharge of the Purchase Credit Agreement, such surplus proceeds may be retained by the Purchaser Administrative Agent and held as Collateral until termination and discharge of the Purchase Credit Agreement. The Seller Borrower and each Guarantor shall be and remain liable for any deficiency.

Surplus, Deficiency. Any surplus proceeds of any sale or other disposition by the Purchaser Agent of any Collateral remaining after discharge of the Purchase Agreement Credit Agreements and after all Secured Obligations are paid in full and in cash and any payments required by Section Sections 9-608(a)(1)(C608(a)(l)(C) or 9-615(a)(3) of the NYUCC are paid in full shall be paid over to the Grantor entitled thereto, or to whomever may be lawfully entitled to receive such surplus or as a court of competent jurisdiction may direct, but prior to termination and discharge of the Purchase AgreementCredit Agreements, such surplus proceeds may be retained by the Purchaser Agent and held as Collateral until termination and discharge of the Purchase Agreement. The Seller Credit Agreements, Each Borrower and each Guarantor shall be and remain liable for any deficiency.

Surplus, Deficiency. Any surplus proceeds of any sale or other disposition by the Purchaser Agent of any Collateral remaining after discharge of the Purchase Agreement Credit Agreements and after all Secured Obligations are paid in full and in cash and any payments required by Section Sections 9-608(a)(1)(C) or 9-615(a)(3) of the NYUCC are paid in full shall be paid over to the Grantor entitled thereto, or to whomever may be lawfully entitled to receive such surplus or as a court of competent jurisdiction may direct, but prior to termination and discharge of the Purchase AgreementCredit Agreements, such surplus proceeds may be retained by the Purchaser Agent and held as Collateral until termination and discharge of the Purchase AgreementCredit Agreements. The Seller Each Borrower and each Guarantor shall be and remain liable for any deficiency.

Surplus, Deficiency. Any surplus proceeds of any sale or other disposition by the Purchaser Agent of any Collateral remaining after discharge of the Purchase Credit Agreement and after all Secured Obligations are paid in full and in cash and any payments required by Section Sections 9-608(a)(1)(C608(a)(l)(C) or 9-615(a)(3) of the NYUCC are paid in full shall be paid over to the Grantor entitled thereto, or to whomever may be lawfully entitled to receive such surplus or as a court of competent jurisdiction may direct, but prior to termination and discharge of the Purchase Credit Agreement, such surplus proceeds may be retained by the Purchaser Agent and held as Collateral until termination and discharge of the Purchase Credit Agreement. The Seller Borrower and each Guarantor shall be and remain liable for any deficiency.

Surplus, Deficiency. Any surplus proceeds of any sale or other disposition by the Purchaser Agent of any Collateral remaining after discharge of the Purchase Credit Agreement and after all Secured Obligations are paid in full and in cash and any payments required by Section Sections 9-608(a)(1)(C) or 9-615(a)(3) of the NYUCC are paid in full shall be paid over to the Grantor entitled thereto, or to whomever may be lawfully entitled to receive such surplus or as a court of competent jurisdiction may direct, but prior to termination and discharge of the Purchase Credit Agreement, such surplus proceeds may be retained by the Purchaser Agent and held as Collateral until termination and discharge of the Purchase Credit Agreement. The Seller Borrower and each Guarantor shall be and remain liable for any deficiency.

Surplus, Deficiency. Any surplus proceeds of any sale or other disposition by the Purchaser Agent of any Collateral remaining after discharge of the Purchase Credit Agreement and after all Secured Obligations are paid Paid in full Full and in cash and any payments required by Section 9-608(a)(1)(C) or 9-615(a)(3) of the NYUCC are paid Paid in full Full shall be paid over to the Grantor entitled thereto, or to whomever may be lawfully entitled to receive such surplus or as a court of competent jurisdiction may direct, but prior to termination and discharge of the Purchase Credit Agreement, such surplus proceeds may be retained by the Purchaser Agent and held as Collateral until termination and discharge of the Purchase Credit Agreement. The Seller Borrower and each Guarantor other Grantor shall be and remain liable for any deficiency.