Common use of Waiver; Deficiency Clause in Contracts

Waiver; Deficiency. Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the Code. 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 (Cooperative Computing Inc /De/), Guarantee and Collateral Agreement (STC Broadcasting Inc), Credit Agreement (Campfire Inc)

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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 Code. 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 3 contracts

Samples: Guarantee and Collateral Agreement (Lin Television Corp), Guarantee and Collateral Agreement (WTNH Broadcasting Inc), Guarantee and Collateral Agreement (Omniamerica 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 Code. 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 and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Secured Party to collect such deficiency.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Evenflo Co Inc), Security Agreement (Evenflo & Spalding Holdings Corp), Security Agreement (Evenflo & Spalding Holdings Corp)

Waiver; Deficiency. Each Grantor (other than the Company) waives and agrees not to assert any rights or privileges which that it may acquire under Section 9-112 of the Code, 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 Security Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent Co-Agents or any Lender other Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Telex Communications Inc), Guarantee and Collateral Agreement (Telex Communications 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 Code. 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 2 contracts

Samples: Credit Agreement (Viasystems Group Inc), Guarantee and Collateral Agreement (Viasystems 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 Uniform Commercial Code. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Senior Collateral are insufficient to pay its the Senior Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Senior Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Senior Subsidiary Security Agreement (Rite Aid Corp), Senior Subsidiary Security Agreement (Rite Aid 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 Code. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay (i) in the case of each of UCAR and Global, its Obligations or those of the Borrower (including as guarantor) and (ii) in the case of each other Grantor, the Obligations and the reasonable 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: Security Agreement (Ucar International Inc)

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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 Code. 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 Creditor to collect such deficiency.

Appears in 1 contract

Samples: Collateral Agreement (Recoton 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 Code. 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 Guaranteed Party to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Purina Mills 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 Uniform Commercial Code. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Second Priority Collateral are insufficient to pay its the Second Priority Debt Obligations and the reasonable fees and disbursements of any attorneys employed by the Administrative Agent or any Lender Second Priority Debt Party to collect such deficiency.

Appears in 1 contract

Samples: Second Priority Subsidiary Security Agreement (Rite Aid Corp)

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