Common use of Waiver; Deficiency Clause in Contracts

Waiver; Deficiency. 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 any Secured Party to collect such deficiency.

Appears in 41 contracts

Samples: Guarantee and Third Lien Collateral Agreement (U.S. Well Services, Inc.), Guarantee and Collateral Agreement (Post Holdings, Inc.), Guarantee and Collateral Agreement (Post Holdings, Inc.)

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Waiver; Deficiency. 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 Secured Party to collect such deficiency.

Appears in 13 contracts

Samples: Guarantee and Collateral Agreement (Sba Communications Corp), Guarantee and Collateral Agreement (Sba Communications Corp), Guarantee and Collateral Agreement (Sba Communications Corp)

Waiver; Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral or any portion thereof are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys employed by any Secured Party to collect such deficiency.

Appears in 4 contracts

Samples: Loan Agreement (Mimedx Group, Inc.), Guaranty and Security Agreement (Capital Park Holdings Corp.), Loan Agreement (Phi Inc)

Waiver; Deficiency. 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 Secured Party Lender to collect such deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Carmike Cinemas Inc), Guarantee and Collateral Agreement (Sba Communications Corp), Credit Agreement (Allied Riser Communications Corp)

Waiver; Deficiency. 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 the Lender Indebtedness and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Aventine Renewable Energy Holdings Inc), Guaranty and Security Agreement (Aventine Renewable Energy Holdings Inc), Guaranty and Security Agreement (Aventine Renewable Energy Holdings Inc)

Waiver; Deficiency. Each Subject to the terms of Section 2.1(b), 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 any Secured Party to collect such deficiency.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (HollyFrontier Corp), Credit Agreement (HollyFrontier Corp), Guarantee and Collateral Agreement (Holly Corp)

Waiver; Deficiency. 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 any Secured Party to collect such deficiency.

Appears in 3 contracts

Samples: Security Agreement (Adma Biologics, Inc.), Security Agreement (Evolent Health, Inc.), Security Agreement (Evolent Health, Inc.)

Waiver; Deficiency. 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 Secured Obligations and the fees and disbursements of any attorneys employed by any Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Security Agreement, Security Agreement (Molecular Insight Pharmaceuticals, Inc.)

Waiver; Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Security Collateral are insufficient to pay its in full the Notes and, to the extent then due and owing, all other Obligations of such Grantor and the reasonable fees and disbursements of any attorneys employed by the Note Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Collateral Agreement (Unistrut International Holdings, LLC), Collateral Agreement (Unistrut International Holdings, LLC)

Waiver; Deficiency. 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 other Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)

Waiver; Deficiency. 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 Collateral Agent or any Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (B&G Foods, Inc.), Guarantee and Collateral Agreement (B&G Foods, Inc.)

Waiver; Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Security Collateral are insufficient to pay its in full, the Loans and, to the extent then due and owing, all other Obligations of such Grantor and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Nci Building Systems Inc), Guarantee and Collateral Agreement (Nci Building Systems Inc)

Waiver; Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds 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 any Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (EveryWare Global, Inc.)

Waiver; Deficiency. 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 reasonable fees and disbursements of any attorneys employed by the Joint Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Indenture (Verasun Energy Corp)

Waiver; Deficiency. 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 Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Security Agreement (Aventine Renewable Energy Holdings Inc)

Waiver; Deficiency. 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 Notes Obligations and the fees and disbursements of any attorneys employed by any Secured Party the Notes Collateral Agent to collect such deficiency.

Appears in 1 contract

Samples: Notes Security Agreement (Post Holdings, Inc.)

Waiver; Deficiency. 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 other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Credit Agreement (National Steel Corp)

Waiver; Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Security Collateral are insufficient to pay its in full, the Loans and, to the extent then due and owing, all other Obligations of such Grantor and the reasonable fees and disbursements of any attorneys legal counsel employed by the Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Herc Holdings Inc)

Waiver; Deficiency. 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 Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Collateral Agreement (Conseco Inc)

Waiver; Deficiency. 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 in full, the Loans, Reimbursement Obligations constituting Obligations of such Grantor and, to the extent then due and owing, all other Obligations of such Grantor and the reasonable fees and disbursements of any attorneys or legal counsel employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Atkore Inc.)

Waiver; Deficiency. 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 Agent or any Secured Party Lender to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (American Coin Merchandising Inc)

Waiver; Deficiency. 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 reasonable and documented fees and disbursements of any attorneys employed by any Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Security Agreement (PARETEUM Corp)

Waiver; Deficiency. 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 reasonable and documented fees and disbursements of any attorneys employed by any Secured Party to collect such deficiencydeficiency (subject to Section 12.05 of the Credit Agreement).

Appears in 1 contract

Samples: Security Agreement (Elephant Talk Communications Corp)

Waiver; Deficiency. 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 any the Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Subordinated Credit Agreement (National Steel Corp)

Waiver; Deficiency. 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 any Secured Party Lenders to collect such deficiency.

Appears in 1 contract

Samples: Guaranty and Security Agreement (IMRIS Inc.)

Waiver; Deficiency. 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 any Secured Party to collect such deficiency; provided, however, that no Grantor described in clause (d) or (f) of the definition of Excluded Subsidiary shall have any liability in respect of a US Borrower Obligation.

Appears in 1 contract

Samples: Abl Credit Agreement (Foundation Building Materials, Inc.)

Waiver; Deficiency. 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 any Secured Party to collect such deficiency; provided, however, that no Grantor described in clause (d) or (e) of the definition of Excluded Subsidiary shall have any liability in respect of any US Borrower Obligations.

Appears in 1 contract

Samples: Abl Credit Agreement (Forterra, Inc.)

Waiver; Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Security Collateral are insufficient to pay its in full, the Notes and, to the extent then due and owing, all other Obligations of such Grantor and the reasonable fees and disbursements of any attorneys employed by the Note Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Collateral Agreement (RSC Equipment Rental, Inc.)

Waiver; Deficiency. 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 any Secured Party to collect such deficiencyObligations.

Appears in 1 contract

Samples: Guarantee, Security and Collateral Agency Agreement (Valassis Communications Inc)

Waiver; Deficiency. 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 Secured Party Lender to collect such deficiency.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Uti Worldwide Inc)

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Waiver; Deficiency. 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 in full, the Loans, Reimbursement Obligations constituting Obligations of such Grantor and, to the extent then due and owing, all other Obligations of such Grantor and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Atkore Inc.)

Waiver; Deficiency. 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 reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Term Loan Agreement (Root, Inc.)

Waiver; Deficiency. 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 Note Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Security Agreement (Aventine Renewable Energy Holdings Inc)

Waiver; Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Security Collateral are insufficient to pay its in full, the Loans and, to the extent then due and owing, all other Obligations of such Grantor and the reasonable fees and disbursements of any attorneys employed by the Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Herc Holdings Inc)

Waiver; Deficiency. 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 any Secured Party the Administrative Agent to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Six Flags, Inc.)

Waiver; Deficiency. 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 First Priority Secured Obligations and the fees and disbursements of any attorneys employed by any First Priority Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Collateral Agreement (T-Mobile US, Inc.)

Waiver; Deficiency. 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 Notes Collateral Agent or any Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Collateral Agreement (B&G Foods, Inc.)

Waiver; Deficiency. 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 Secured Party Lender to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (SMTC Corp)

Waiver; Deficiency. 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 Parity Lien Obligations and the fees and disbursements of any attorneys employed by the Collateral Trustee or any Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Intercreditor Agreement (Linn Energy, LLC)

Waiver; Deficiency. 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 Collateral Agent or any of the Secured Party Parties to collect such deficiency.

Appears in 1 contract

Samples: Pledge and Security Agreement (Stratosphere Leasing, LLC)

Waiver; Deficiency. 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 any Secured Party to collect such deficiencyObligations.

Appears in 1 contract

Samples: Pledge and Security Agreement (Paxson Communications Corp)

Waiver; Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Security Collateral are insufficient to pay its in full, the Notes and, to the extent then due and owing, all other Obligations of such Grantor and the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Notes Collateral Agreement (US Foods Holding Corp.)

Waiver; Deficiency. 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 (including in-house counsel) by the Administrative Agent or any Secured Party Lender to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Ifco Systems Nv)

Waiver; Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral or any part thereof are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys employed by any Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Pledge and Security Agreement (FiberTower CORP)

Waiver; Deficiency. 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 any Secured Party the Bank to collect such deficiency.

Appears in 1 contract

Samples: Security Agreement (Elizabeth Arden Inc)

Waiver; Deficiency. 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 any Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Abl Credit Agreement (Hawaiian Electric Co Inc)

Waiver; Deficiency. 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 Collateral Agent or any Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Subordinated Pledge and Security Agreement (Opticare Health Systems Inc)

Waiver; Deficiency. 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 any Secured Party the Agents to collect such deficiency.

Appears in 1 contract

Samples: Security Agreement (Elizabeth Arden Inc)

Waiver; Deficiency. 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 reasonable fees and disbursements of any attorneys employed by any the Collateral Agent or the Secured Party Parties to collect such deficiency.

Appears in 1 contract

Samples: Master Security Agreement (Itsa LTD)

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