Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the 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 Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Clean Energy Fuels Corp.), Guarantee and Collateral Agreement (AST SpaceMobile, Inc.), Guarantee and Collateral Agreement (Clean Energy Fuels Corp.)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the 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 Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 4 contracts
Samples: Guaranty and Collateral Agreement (Starboard Resources, Inc.), Guarantee and Collateral Agreement (Rosetta Resources Inc.), Second Lien Guarantee and Collateral Agreement (Rosetta Resources Inc.)
Waiver; Deficiency. To the maximum extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable lawUCC. 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 Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Guaranty and Second Lien Collateral Agreement (Rex Energy Corp), Guaranty and Collateral Agreement (Rex Energy Corp)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable lawUCC. 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 Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Second Lien Guaranty and Collateral Agreement (Petro Resources Corp), Guaranty and Collateral Agreement (Petro Resources Corp)
Waiver; Deficiency. To the extent permitted by under applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-626 of the UCC or any other applicable lawUCC. 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 Collateral Administrative Agent or any other Secured Party Lender to collect such deficiency.
Appears in 2 contracts
Samples: Guaranty and Collateral Agreement (Qumu Corp), Guaranty and Collateral Agreement (Qumu Corp)
Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the Colorado 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 Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Second Lien Guarantee and Collateral Agreement (Kodiak Oil & Gas Corp), Guarantee and Collateral Agreement (Kodiak Oil & Gas Corp)
Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the New York 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 Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Second Lien Guarantee and Collateral Agreement (Kodiak Oil & Gas Corp), Guarantee and Collateral Agreement (Kodiak Oil & Gas Corp)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the 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 Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Collateral Agreement (Jones Energy, Inc.), Purchase Agreement (Goodrich Petroleum Corp)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable lawUCC. 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 Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Second Lien Guaranty and Collateral Agreement (ABC Funding, Inc), Guaranty and Collateral Agreement (ABC Funding, Inc)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the 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 or Guaranteed Obligations, as the case may be, and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Landmark Infrastructure Partners LP)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the 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 the Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiencyObligations.
Appears in 1 contract
Samples: Security Agreement (Health Management Associates Inc)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-626 of the UCC or any other 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 Collateral Agent or any other Secured Party Purchaser to collect such deficiency.
Appears in 1 contract
Samples: Guaranty and Collateral Agreement (Numerex Corp /Pa/)
Waiver; Deficiency. 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 9-626 of the UCC or any other applicable lawUCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral and the Real Estate Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party Lender to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the 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 the Secured Obligations or Guaranteed Obligations, as the case may be, and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the 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 Collateral Administrative Agent or any other Secured Party Guaranteed Creditor to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. To the extent permitted by applicable law, each The Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. 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 Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Jones Energy, Inc.)
Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the 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 Collateral Administrative Agent or any other Secured Party to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor Grantors jointly and severally 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 the Indebtedness and the fees and disbursements of any agents or attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Security Agreement (Black Elk Energy Finance Corp.)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-626 of the UCC (or the Uniform Commercial Code as in effect in any other applicable lawjurisdiction). 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 Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Hill International, Inc.)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor Grantors jointly and severally 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 agents or attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Security Agreement (Black Elk Energy Finance Corp.)
Waiver; Deficiency. To the extent permitted by applicable law, each The Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. 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 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
Waiver; Deficiency. To Each Grantor waives, to the maximum extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-626 of the UCC or any other applicable lawUCC. 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 for the Secured Obligations to be Paid in Full and the reasonable and documented fees and out-of-pocket disbursements of any attorneys employed by the Collateral Agent or any other Secured Party Lender to collect such deficiencydeficiency (to the extent reimbursable under the Credit Agreement).
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Obalon Therapeutics Inc)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the 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 or Guaranteed Obligations, as the case may be, and the fees and disbursements of any attorneys employed by the Collateral Security Agent or any other Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Seller Guaranty and Security Agreement (Dakota Plains Holdings, Inc.)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-626 of the UCC or any other applicable lawUCC. 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 the Obligations in full 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: Contribution and Exchange Agreement (Capital Trust Inc)
Waiver; Deficiency. 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 9β626 of the UCC or any other applicable lawUCC. 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 for the Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiencybe Paid in Full.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Miller Energy Resources, Inc.)
Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-626 of the UCC or any other applicable lawUCC. 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 Collateral Agent or any other Secured Party to collect such deficiency.
Appears in 1 contract
Waiver; Deficiency. 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 9β626 of the UCC or any other applicable lawUCC. 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 for the Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiencybe paid in full in cash.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Miller Energy Resources, Inc.)