Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 22 contracts
Sources: Senior Secured Credit Agreement (Franklin BSP Capital Corp), Senior Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.), Guarantee, Pledge and Security Agreement
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 11 contracts
Sources: Security Agreement (Herbst Gaming, LLC), Security Agreement (Itc Deltacom Inc), Credit Agreement (Foster Wheeler LTD)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 8.01 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Company shall remain liable for any deficiency.
Appears in 9 contracts
Sources: Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any such deficiency.
Appears in 6 contracts
Sources: Guarantee, Pledge and Security Agreement (Barings Capital Investment Corp), Guarantee, Pledge and Security Agreement (Barings BDC, Inc.), Guarantee, Pledge and Security Agreement (BlackRock TCP Capital Corp.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.04 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 6 contracts
Sources: 364 Day Revolving Credit Agreement (KKR & Co. Inc.), 364 Day Revolving Credit Agreement (KKR & Co. Inc.), Revolving Credit Agreement (KKR & Co. Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured ObligationsObligations (other than contingent indemnification obligations for which no claim has been made), the Obligors shall remain liable for any deficiency.
Appears in 4 contracts
Sources: Credit Agreement (Thryv Holdings, Inc.), Guarantee and Collateral Agreement (Thryv Holdings, Inc.), Guarantee and Collateral Agreement (Thryv Holdings, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Pledged Collateral pursuant to Section 8.03 5.04 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Obligor shall remain liable for any deficiencydeficiency to the extent the Obligor is obligated under this Agreement.
Appears in 3 contracts
Sources: Security Agreement (Edison Mission Energy), Security Agreement (Edison Mission Energy), Security Agreement (Midwest Generation LLC)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiencydeficiency to the extent the Obligors are obligated under this Agreement.
Appears in 3 contracts
Sources: Security Agreement (Somerset Power LLC), Credit Agreement (Chart Industries Inc), Security Agreement (Chart Industries Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Obligors, jointly and severally, shall remain liable for any deficiency.
Appears in 3 contracts
Sources: Security Agreement (Krispy Kreme Doughnuts Inc), Second Lien Security Agreement (Krispy Kreme Doughnuts Inc), Security Agreement (Krispy Kreme Doughnuts Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 3 contracts
Sources: Restatement Agreement (Constellation Brands, Inc.), Restatement Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.04 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 2 contracts
Sources: Shared Security Agreement (Westwood One Inc /De/), Security Agreement (Radnor Holdings Corp)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 2 contracts
Sources: Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Sinclair Broadcast Group Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.04 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 2 contracts
Sources: Security Agreement (Canadian Forest Oil LTD), Credit Agreement (Canadian Forest Oil LTD)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.5 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiencydeficiency to the extent the Obligors are obligated under this Agreement.
Appears in 2 contracts
Sources: Security Agreement (RBC Bearings INC), Security Agreement (Roller Bearing Co of America Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.5 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
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Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Obligor shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Counterparty shall remain liable for any deficiency.
Appears in 1 contract
Sources: Pledge Agreement (Verio Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to this Section 8.03 11 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors each Grantor shall remain liable for any deficiency.
Appears in 1 contract
Sources: Credit Agreement (Quiksilver Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 and/or received by the Collateral Agent under the Intercreditor and Subordination Agreements are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.05 are insufficient to cover the costs and expenses of such realization and to cause the payment Payment in full Full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds Proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured ObligationsObligations owing by it, the Obligors each Obligor shall remain liable for any deficiency.
Appears in 1 contract
Sources: Collateral Agency, Pledge and Security Agreement (Smithfield Foods Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 7.03 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 1 contract
Sources: Guarantee, Pledge and Security Agreement (FS Energy & Power Fund)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 7.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Guarantor shall remain liable for any deficiency.
Appears in 1 contract
Sources: Guarantee and Pledge Agreement (Canadian Forest Oil LTD)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 6.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors shall remain jointly liable for any deficiency.
Appears in 1 contract
Sources: Guarantee, Pledge and Security Agreement (Marquee Group Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the its Collateral pursuant to Section 8.03 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured ObligationsLiabilities, the Obligors such Obligor shall remain liable for any deficiency.
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Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 8.01 hereof are insufficient to cover the costs and expenses of Security Pledge and Intercreditor Agreement such realization and the payment in full of the Secured Obligations, the Obligors Company shall remain liable for any deficiency.
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Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 are insufficient to cover the costs and expenses of such realization and the payment in full in cash of the Secured ObligationsObligations (other than unasserted contingent indemnities and similar obligations that survive the termination thereof), the Obligors shall remain liable for any deficiency.
Appears in 1 contract
Sources: Senior Secured Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 7.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Guarantors shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 8.03 5.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Obligors Obligor shall remain liable for any deficiencydeficiency to the extent the Obligor is obligated under this Agreement.
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