Disposition of Proceeds. (a) The proceeds of any sale or disposition of all or any part of the Collateral shall be applied by the Pledgee in the following order: (i) to the payment in full of the costs and expenses of such sale or sales, collections, and the protection, declaration and enforcement of any security interest granted hereunder including the reasonable compensation of the Pledgee's agents and attorneys; (ii) to the payment of the Obligations; and (iii) to the payment to the Pledgor of any surplus then remaining from such proceeds, subject to the rights of any holder of a lien on the Collateral of which the Pledgee has actual notice. (b) In the event that the proceeds of any sale or other disposition of the Collateral are insufficient to cover the principal of, and premium, if any, and interest on, the Obligations secured thereby plus costs and expenses of the sale or other disposition, the Pledgor shall remain liable for any deficiency.
Appears in 5 contracts
Sources: Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Aceto Corp), Credit Agreement (1 800 Flowers Com Inc)
Disposition of Proceeds. (a) The proceeds of any sale or disposition of all or any part of the Collateral shall be applied by the Pledgee in the following order:
(i) to the payment in full of the costs and expenses of such sale or sales, collections, and the protection, declaration and enforcement of any security interest granted hereunder including the reasonable compensation of the Pledgee's agents and attorneys;
(ii) to the payment of the Guaranty Obligations; and
(iii) to the payment to the Pledgor of any surplus then remaining from such proceeds, subject to the rights of any holder of a lien on the Collateral of which the Pledgee has actual notice.
(b) In the event that the proceeds of any sale or other disposition of the Collateral are insufficient to cover the principal of, and premium, if any, and interest on, the Guaranty Obligations secured thereby plus costs and expenses of the sale or other disposition, the Pledgor shall remain liable for any deficiency.
Appears in 3 contracts
Sources: Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Veeco Instruments Inc), Credit Agreement (1 800 Flowers Com Inc)
Disposition of Proceeds. (a) The proceeds of any sale or disposition of all or any part of the Collateral shall be applied by the Pledgee in the following order:
(i) to the payment in full of the costs and expenses of such sale or sales, collections, and the protection, declaration and enforcement of any security interest granted hereunder including the reasonable compensation of the Pledgee's ’s agents and attorneys;
(ii) to the payment of the Obligations; and
(iii) to the payment to the Pledgor of any surplus then remaining from such proceeds, subject to the rights of any holder of a lien on the Collateral of which the Pledgee has actual notice.
(b) In the event that the proceeds of any sale or other disposition of the Collateral are insufficient to cover the principal of, and premium, if any, and interest on, the Obligations secured thereby plus costs and expenses of the sale or other disposition, the Pledgor shall remain liable for any deficiency.
Appears in 2 contracts
Sources: Credit Agreement (Comtech Telecommunications Corp /De/), Credit Agreement (Comtech Telecommunications Corp /De/)
Disposition of Proceeds. (a) The proceeds of any sale or disposition of all or any part of the Collateral shall be applied by the Pledgee in the following order:
(i) to the payment in full of the costs and expenses of such sale or sales, collections, and the protection, declaration and enforcement of any security interest granted hereunder including the reasonable compensation of the Pledgee's ’s agents and attorneys;
(ii) to the payment of the Guaranty Obligations; and
(iii) to the payment to the Pledgor of any surplus then remaining from such proceeds, subject to the rights of any holder of a lien on the Collateral of which the Pledgee has actual notice.
(b) In the event that the proceeds of any sale or other disposition of the Collateral are insufficient to cover the principal of, and premium, if any, and interest on, the Guaranty Obligations secured thereby plus costs and expenses of the sale or other disposition, the Pledgor shall remain liable for any deficiency.
Appears in 2 contracts
Sources: Credit Agreement (Comtech Telecommunications Corp /De/), Credit Agreement (Comtech Telecommunications Corp /De/)
Disposition of Proceeds. (a) The proceeds of any sale or disposition of all or any part of the Collateral shall be applied by the Pledgee in the following order:
(i) to the payment in full of the costs and expenses of such sale or sales, collections, and the protection, declaration and enforcement of any security interest granted hereunder including the reasonable compensation of the Pledgee's ’s agents and attorneys;
(ii) to the payment of the Secured Obligations; and
(iii) to the payment to the Pledgor of any surplus then remaining from such proceeds, subject to the rights of any holder of a lien on the Collateral of which the Pledgee has actual notice.
(b) In the event that the proceeds of any sale or other disposition of the Collateral are insufficient to cover the principal of, and premium, if any, and interest on, the Secured Obligations secured thereby plus costs and expenses of the sale or other disposition, the Pledgor shall remain liable for any deficiency.
Appears in 1 contract
Disposition of Proceeds. (a) The proceeds of any sale or disposition of all or any part of the Collateral shall be applied by the Pledgee in the following order:
(i) to the payment in full of the costs and expenses of such sale or sales, collections, and the protection, declaration and enforcement of any security interest granted hereunder including the reasonable compensation of the Pledgee's agents and attorneys';
(ii) to the payment of the Guaranty Obligations; and
(iii) to the payment to the Pledgor of any surplus then remaining from such proceeds, subject to the rights of any holder of a lien on the Collateral of which the Pledgee has actual notice.
(b) In the event that the proceeds of any sale or other disposition of the Collateral are insufficient to cover the principal of, and premium, if any, and interest on, the Guaranty Obligations secured thereby plus costs and expenses of the sale or other disposition, the Pledgor shall remain liable for any deficiency.
Appears in 1 contract
Disposition of Proceeds. (a) The proceeds of any sale or disposition of all or any part of the Collateral shall be applied by the Pledgee Secured Party in the following order:
: (i) to the payment in full of the costs and expenses of such sale or sales, collections, and the protection, declaration and enforcement of any security interest granted hereunder including the reasonable compensation of the PledgeeSecured Party's agents and attorneys;
legal counsel; (ii) to the payment of the ObligationsObligations in such order as Secured Party may elect; and
and (iii) to the payment to the Pledgor Debtor of any surplus then remaining from such proceeds, subject to the rights of any holder of a lien on the Collateral of which the Pledgee Secured Party has actual notice.
(b) In the event that the proceeds of any sale or other disposition of the Collateral are insufficient to cover the principal of, and premium, if any, and interest on, the Obligations secured thereby plus costs and expenses of the sale or other disposition, the Pledgor Debtor shall remain liable for any deficiency.
Appears in 1 contract
Sources: Stock Pledge Agreement (Ez Em Inc)
Disposition of Proceeds. (a) The proceeds of any sale or disposition of all or any part of the Collateral shall be applied by the Pledgee in the following order:
(i) to the payment in full of the costs and expenses of such sale or sales, collections, and the protection, declaration and enforcement of any security interest granted hereunder including the reasonable compensation of the Pledgee's agents and attorneys;
(ii) to the payment of the Obligations; and
(iii) to the payment to the Pledgor of any surplus then remaining from 119 such proceeds, subject to the rights of any holder of a lien on the Collateral of which the Pledgee has actual notice.
(b) In the event that the proceeds of any sale or other disposition of the Collateral are insufficient to cover the principal of, and premium, if any, and interest on, the Obligations secured thereby plus costs and expenses of the sale or other disposition, the Pledgor shall remain liable for any deficiency.
Appears in 1 contract
Disposition of Proceeds. (a) The proceeds of any sale or disposition of all or any part of the Collateral shall be applied by the Pledgee in the following order:
(i) to the payment in full of the costs and expenses of such sale or sales, collections, and the protection, declaration and enforcement of any security interest granted hereunder including the reasonable compensation of the Pledgee's ’s agents and attorneys;
(ii) to the payment of the Guaranty Obligations; and
(iii) to the payment to the Pledgor Pledgor(s) of any surplus then remaining from such proceeds, subject to the rights of any holder of a lien on the Collateral of which the Pledgee has actual notice.
(b) In the event that the proceeds of any sale or other disposition of the Collateral are insufficient to cover the principal of, and premium, if any, and interest on, the Guaranty Obligations secured thereby plus costs and expenses of the sale or other disposition, the Pledgor Pledgor(s) shall remain liable for any deficiency.
Appears in 1 contract
Disposition of Proceeds. (a) The proceeds of any sale or disposition of all or any part of the Collateral shall be applied by the Pledgee in the following order:
(i) to the payment in full of the costs and expenses of such sale or sales, collections, and the protection, declaration and enforcement of any security interest granted hereunder including the reasonable compensation of the Pledgee's agents and attorneys';
(ii) to the payment of the Obligations; and
(iii) to the payment to the Pledgor of any surplus then remaining from such proceeds, subject to the rights of any holder of a lien on the Collateral of which the Pledgee has actual notice.
(b) In the event that the proceeds of any sale or other disposition of the Collateral are insufficient to cover the principal of, and premium, if any, and interest on, the Obligations secured thereby plus costs and expenses of the sale or other disposition, the Pledgor shall remain liable for any deficiency.
Appears in 1 contract