Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 38 contracts
Samples: Guarantee and Collateral Agreement (Scotts Miracle-Gro Co), Credit Agreement (Inamed Corp), Guarantee and Collateral Agreement (Grove Holdings Capital Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 9 contracts
Samples: Guaranty and Collateral Agreement (Digerati Technologies, Inc.), Security Agreement (Ennis, Inc.), Guaranty and Collateral Agreement (Akorn Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCCUCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations or Guaranteed Obligations, as the case may be, and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 6 contracts
Samples: Guaranty and Security Agreement (Amneal Pharmaceuticals, Inc.), Guaranty and Security Agreement (Apollo Medical Holdings, Inc.), Credit Agreement (LendingTree, Inc.)
Waiver; Deficiency. Each Grantor waives and agrees not to assert ------------------ any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Intira Corp), Guarantee and Collateral Agreement (P&l Coal Holdings Corp), Guarantee and Collateral Agreement (Nationwide Credit Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCCUCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 4 contracts
Samples: Credit Agreement (Montage Resources Corp), Senior Secured Revolving Credit Agreement (Halcon Resources Corp), Senior Secured Revolving Credit Agreement (Halcon Resources Corp)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 4 contracts
Samples: Guaranty and Collateral Agreement (Russ Berrie & Co Inc), Guaranty and Collateral Agreement (Russ Berrie & Co Inc), Guaranty and Collateral Agreement (Russ Berrie & Co Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Aftermarket Technology Corp), Guarantee and Collateral Agreement (Polo Ralph Lauren Corp), Guarantee and Collateral Agreement (Aftermarket Technology Corp)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Security Agreement (HC Innovations, Inc.), Security Agreement (HC Innovations, Inc.), Security Agreement (HC Innovations, Inc.)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender other Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp), Guarantee and Collateral Agreement (Lucent Technologies Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative any Agent or any Lender to collect such deficiency.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Imperial Holly Corp), Guarantee and Collateral Agreement (Imperial Holly Corp), Guarantee and Collateral Agreement (Imperial Holly Corp)
Waiver; Deficiency. Each To the fullest extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the documented fees and disbursements of any attorneys employed by the Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Credit Agreement (Miller Energy Resources, Inc.), Guarantee and Collateral Agreement (Miller Energy Resources, Inc.), Guarantee and Collateral Agreement (Miller Energy Resources, Inc.)
Waiver; Deficiency. Each To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Security Agent or any Lender to collect such deficiency.
Appears in 3 contracts
Samples: Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Sony Corp), Convertible Loan Agreement (Time Warner Inc/)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent Agents or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Birch Telecom Inc /Mo), Guarantee and Collateral Agreement (Grand Union Co /De/)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Tenneco Automotive Inc), Guarantee and Pledge Agreement (Gentek Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert ------------------ any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (V I Technologies Inc), Credit Agreement (Lexar Media Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Circuit Research Labs Inc), Guarantee and Collateral Agreement (Harman International Industries Inc /De/)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the General Administrative Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (SMTC Corp), Credit Agreement (Safety Kleen Corp/)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient for the Secured Obligations to pay its Obligations be Paid in Full and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Beacon Enterprise Solutions Group Inc), Guarantee and Collateral Agreement (Focus Venture Partners, Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender Securityholder to collect such deficiency.
Appears in 2 contracts
Samples: Collateral Agreement (Harvard Industries Inc), Indenture (Harvard Industries Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCCNY UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent Collateral Trustee or any Lender other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Intercreditor Agreement (Halcon Resources Corp), Intercreditor Agreement (Halcon Resources Corp)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCCUCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender other Secured Party to collect such deficiency. The officers, directors and managers, as applicable, of the Grantors shall in no event be personably liable for any such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Key Energy Services Inc), Guarantee and Collateral Agreement (Westway Group, Inc.)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender to collect such deficiency.
Appears in 2 contracts
Samples: Master Guarantee and Collateral Agreement (Key Energy Group Inc), Guarantee and Collateral Agreement (K&f Industries Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Department 56 Inc)
Waiver; Deficiency. Each To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Security Agent or any the Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Binc Acquisition Corp)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender Creditors to collect such deficiency.
Appears in 1 contract
Samples: Master Guarantee and Collateral Agreement (Key Energy Group Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Westell Technologies Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCCUCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender other Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Deep Down, Inc.)
Waiver; Deficiency. Each Grantor waives and agrees not to assert ------------------ any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiencyObligations.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Bedding Experts Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Notes Obligations in full and the fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Second Lien Collateral Agreement (MxEnergy Holdings Inc)
Waiver; Deficiency. Each Grantor waives ------------------ and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Reliant Building Products Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent, any Co-Agent or any Lender Bank to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (General Semiconductor Inc)
Waiver; Deficiency. Each To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCCUCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the documented fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender other Secured Party to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Holder to collect such deficiency.
Appears in 1 contract
Samples: Guaranty and Collateral Agreement (Investview, Inc.)
Waiver; Deficiency. Each The Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Bank to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Administrative Agent, the Australian Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guaranty and Collateral Agreement (Multi Color Corp)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender Bank to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Bally Total Fitness Holding Corp)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guaranty and Collateral Agreement (Mindspring Enterprises Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges against the Documentation Agent or any Lender which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations subject to Section 2.1(c) and the reasonable fees and disbursements of any attorneys employed by the Administrative any Agent or any Lender to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which that it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Obligations in full and the fees and disbursements Attorney Costs of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guaranty and Collateral Agreement (Net Perceptions Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights right or privileges privilege which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guaranty and Collateral Agreement (Kanbay International Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert ------------------ any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative any Agent or any Lender to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall will remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Collateral and Guarantee Agreement (Global Election Systems Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient for the Secured Obligations to pay its Obligations be Paid in Full and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Volt Information Sciences, Inc.)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCCUCC to the extent permitted by applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Purchaser to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Borrower Obligations and the Grantor Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor waives and agrees not to assert ------------------ any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent Trustee or any Lender Holder to collect such deficiency.
Appears in 1 contract
Samples: Indenture (Agw Leasing Co Inc)
Waiver; Deficiency. Each The Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender other Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Pledge and Security Agreement (Contifinancial Corp)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall will remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Lenders to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Paying Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (M & F Worldwide Corp)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender other Secured Creditor to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (West Village Gym at the Archives LLC)
Waiver; Deficiency. Each Grantor waives walves and agrees not to assert any ------------------ rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (LFC Armored of Texas Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the General Administrative Agent or any Lender to collect such deficiency.. 161
Appears in 1 contract
Samples: Credit Agreement (Laidlaw Environmental Services Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert ------------------ any rights or privileges which it may acquire under Section 9-112 of the New York Illinois UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed Attorney Costs incurred by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Grubb & Ellis Co)
Waiver; Deficiency. Each Grantor waives and agrees not to assert ------------------ any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Edison Mission Energy)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient for the Liabilities to pay its Obligations be paid in full in cash and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Multiband Corp)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Security Agreement (HC Innovations, Inc.)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 615 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Secured Party to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Trustee to collect such deficiency.
Appears in 1 contract
Samples: Pledge and Security Agreement (Bear Island Finance Co Ii)
Waiver; Deficiency. Each Grantor waives and agrees not to assert ------------------ any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Nitinol Medical Technologies Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any ------------------------ rights or privileges which it may acquire under Section 9-112 Article 9 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Trustee to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. Each Grantor Grantor, to the extent permitted by applicable law, waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor (other than the Parent) shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Bank to collect such deficiency.
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Samples: Credit and Participation Agreement (Loral Space & Communications LTD)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Secured Party to collect such deficiency.
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Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Administrative Agent or any Lender other Secured Party to collect such deficiency.
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Samples: Guarantee and Collateral Agreement (M & F Worldwide Corp)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor (other than the Parent) shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Collateral Agent or any Lender to collect such deficiency.
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Samples: Guarantee and Collateral Agreement (General Chemical Group Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert ------------------ any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Collateral Agent, either Agent or any Lender to collect such deficiency.
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Samples: Guarantee and Collateral Agreement (Paragon Health Network Inc)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
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Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Obligations in full and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.
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Samples: Guaranty and Collateral Agreement (Option Care Inc/De)
Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 626 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency. THE ADMINISTRATIVE AGENT.
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Samples: Term B Guaranty and Collateral Agreement (Sei Investments Co)