Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 24 contracts
Sources: Security Purchase Agreement, Security Agreement (Petro River Oil Corp.), Security Agreement (Petro River Oil Corp.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 12 contracts
Sources: Credit Agreement (Cygne Designs Inc), Credit Agreement (Suiza Foods Corp), Security Agreement (Cygne Designs Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the indefeasible payment in full in cash of the Secured ObligationsObligations (other than contingent indemnification obligations for which no claim has been made), the Company Grantors shall remain liable for any deficiency.
Appears in 8 contracts
Sources: Security Agreement (Alignment Healthcare, Inc.), Security Agreement, Security Agreement (Viveve Medical, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Borrower shall remain liable for any deficiency.
Appears in 6 contracts
Sources: Pledge and Security Agreement (Petersen Energia Inversora, S.A.), Pledge and Security Agreement (Petersen Energia Inversora, S.A.), Security Agreement (Petersen Energia Inversora, S.A.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof 6.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Restricted Companies shall remain liable for any deficiency.
Appears in 4 contracts
Sources: Credit Agreement (Nextel Communications Inc), Credit Agreement (Nextel Communications Inc), Credit Agreement (Nextel Communications Inc)
Deficiency. If the proceeds Proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Obligors shall remain liable for any deficiency.
Appears in 4 contracts
Sources: Note Issuance Agreement (Appgate, Inc.), Revolving Credit Agreement (Appgate, Inc.), Note Issuance Agreement (Appgate, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 4.04 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 4 contracts
Sources: Security Agreement (VPR Brands, LP.), Security Agreement (Xg Sciences Inc), Security Agreement (True Drinks Holdings, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 4.03 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 3 contracts
Sources: Security Agreement (Renovaro Inc.), Security Agreement (Enochian Biosciences Inc), Security Agreement (Theralink Technologies, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 5.5 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 3 contracts
Sources: Credit Agreement (Iron Mountain Inc), Credit Agreement (Iron Mountain Inc), Credit Agreement (Iron Mountain Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 4(e) hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 3 contracts
Sources: Security Purchase Agreement (Safety Quick Lighting & Fans Corp.), Security Agreement (Debt Resolve Inc), Subscription Agreement (Beijing Med Pharm Corp)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof 5.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 2 contracts
Sources: Purchase Agreement (Particle Drilling Technologies Inc/Nv), Purchase Agreement (Particle Drilling Technologies Inc/Nv)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 2 contracts
Sources: Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured ObligationsLiabilities, the Company shall remain liable for any deficiency.
Appears in 2 contracts
Sources: Security Agreement (Mac Filmworks Inc), Security Agreement (Mac Filmworks Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 3.07 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Sources: Security Agreement (Azco Mining Inc)
Deficiency. If the proceeds Proceeds of sale, collection or other ---------- realization of or upon the Collateral pursuant to Section 4.05 hereof 5.04 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured ObligationsObligations owing by it, the Company each 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 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Customer 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 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company 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 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Sources: Pledge Agreement (Griffon Corp)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 5.06 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company 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 4.05 4.5.1 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Sources: Pledge Agreement (BMP Sunstone CORP)
Deficiency. If the proceeds of sale, collection or other ---------- realization of or upon the Collateral pursuant to Section 4.05 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Sources: Security Agreement (Tech Electro Industries Inc/Tx)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 5.01 hereof are insufficient to cover the reasonable costs and reasonable expenses of such sale, collection or other realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Sources: Pledge and Security Agreement (Sinclair Broadcast Group Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 Sections 5.05 or 5.06 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company 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 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Obligors shall remain liable for any deficiency.
Appears in 1 contract
Sources: Security Agreement (Texas Unwired)
Deficiency. If the proceeds of sale, collection collection, foreclosure, or other realization of or upon on the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization realizing on the Collateral and the payment in full of the Secured Obligations, the Company 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 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Obligor shall remain liable for any deficiency.
Appears in 1 contract