Common use of Application of Moneys Clause in Contracts

Application of Moneys. (a) Except as otherwise provided herein or in the Note, all moneys which the Secured Party shall receive, in accordance with the provisions hereof, shall be applied (to the extent thereof) in the following manner: First, to the payment of all costs and expenses reasonably incurred in connection with the administration and enforcement of, or the preservation of any rights under, this Agreement or any of the reasonable expenses and disbursements of the Secured Party (including, without limitation, the fees and disbursements of its counsel and agents); Second, to the payment of all Secured Obligations arising out of the Note in accordance with the terms of the Note and, if not therein provided, in such order as the Secured Party may determine; and Third, to the payment of all other Secured Obligations in such order as the Secured Party may determine.

Appears in 3 contracts

Samples: General Security Agreement (Monsterdaata Com Inc), General Security Agreement (Monsterdaata Com Inc), General Security Agreement (U S Wireless Data Inc)

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Application of Moneys. (a) Except as otherwise provided herein or in the NoteNotes, all moneys which the Secured Party shall receive, in accordance with the provisions hereof, shall be applied (to the extent thereof) in the following manner: First, to the payment of all costs and expenses reasonably incurred in connection with the administration and enforcement of, or the preservation of any rights under, this Agreement or any of the reasonable expenses and disbursements of the Secured Party (including, without limitation, the reasonable fees and disbursements of its counsel and agents); Second, to the payment of all Secured Obligations arising out of the Note Notes in accordance with the terms of the Note Notes and, if not therein provided, in such order as the Secured Party may determine; and Third, to the payment of all other Secured Obligations in such order as the Secured Party may determine.

Appears in 3 contracts

Samples: Security Agreement (Intraware Inc), General Security Agreement (Comdial Corp), General Security Agreement (Eb2b Commerce Inc /Ny/)

Application of Moneys. (a) Except as otherwise may be provided herein or in the Note, all moneys which the Secured Party shall receive, receive in accordance with the provisions hereof, hereof shall be applied (to the extent thereof) in the following manner: First, to the payment of all costs and expenses reasonably incurred in connection with the administration and enforcement of, or the preservation of any rights under, this Agreement or any of the reasonable expenses and disbursements of the Secured Party (including, without limitation, the reasonable fees and disbursements of its counsel and agents); and Second, to the payment of all Secured Obligations arising out of the Note or this Agreement in accordance with the terms of the Note thereof or hereof and, if not therein or herein provided, in such order as the Secured Party may determine; and Third, to the payment of all other Secured Obligations in such order as the Secured Party may determinedetermine or herein.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Besicorp LTD), Escrow Agreement (Besicorp LTD)

Application of Moneys. (a) Except as otherwise provided herein or in the NoteNote or Guaranty, all moneys which the Secured Party Parties shall receive, in accordance with the provisions hereof, shall be applied (to the extent thereof) in the following manner: First, to the payment of all costs and expenses reasonably incurred in connection with the administration and enforcement of, or the preservation of any rights under, this Agreement or any of the reasonable expenses and disbursements of the Secured Party Parties (including, without limitation, the reasonable fees and disbursements of its counsel and agents); Second, to the payment of all Secured Obligations arising out of the Note in accordance with the terms of the Note and, if not therein provided, in such order as the Secured Party Parties may determine; and Third, to the payment of all other Secured Obligations in such order as the Secured Party Parties may determine.

Appears in 2 contracts

Samples: General Subordinated Security Agreement (Tarpon Industries, Inc.), General Subordinated Security Agreement (Tarpon Industries, Inc.)

Application of Moneys. (a) Except as otherwise provided herein or in the NoteNote or Guaranty, all moneys which the Secured Party Representative shall receive, in accordance with the provisions hereof, shall be applied (to the extent thereof) in the following manner: First, to the payment of all costs and expenses reasonably incurred in connection with the administration and enforcement of, or the preservation of any rights under, this Agreement or any of the reasonable expenses and disbursements of the Secured Party Representative (including, without limitation, the reasonable fees and disbursements of its counsel and agents); Second, to the payment of all Secured Obligations arising out of the Note in accordance with the terms of the Note and, if not therein provided, in such order as the Secured Party Representative may determine; and Third, to the payment of all other Secured Obligations in such order as the Secured Party Representative may determine.

Appears in 2 contracts

Samples: General Subordinated Security Agreement (Tarpon Industries, Inc.), General Subordinated Security Agreement (Tarpon Industries, Inc.)

Application of Moneys. (a) Except as otherwise provided herein or in the Note, all moneys which the Secured Party shall receive, in accordance with the provisions hereof, shall be applied (to the extent thereof) in the following manner: First, to the payment of all costs and expenses reasonably incurred in connection with the administration and enforcement of, or the preservation of any rights under, this Agreement or any of the reasonable expenses and disbursements of the Secured Party (including, without limitation, the fees and disbursements of its counsel and agents); and Second, to the payment of all Secured Obligations arising out of the Note Notes in accordance with the terms of the Note Notes and, if not therein provided, in such order as the Secured Party may determine; and Third, to the payment of all other Secured Obligations in such order as the Secured Party may determine.

Appears in 1 contract

Samples: General Security Agreement (Thorn Tree Resources L L C)

Application of Moneys. (a) Except as otherwise provided herein or in the NoteSecured Notes, all moneys which the Secured Party shall receive, in accordance with the provisions hereof, shall be applied (to the extent thereof) in the following manner: First, to the payment of all costs and expenses reasonably incurred in connection with the administration and enforcement of, or the preservation of any rights under, this Agreement or any of the reasonable expenses and disbursements of the Secured Party (including, without limitation, the fees and disbursements of its counsel and agents); and Second, to the payment of all Secured Obligations arising out of the Note Secured Notes in accordance with the terms of the Note Secured Notes and, if not therein provided, in such order as the Secured Party may determine; and Third, to the payment of all other Secured Obligations in such order as the Secured Party may determine.

Appears in 1 contract

Samples: General Security Agreement (Thorn Tree Resources L L C)

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Application of Moneys. (a) Except as otherwise provided herein or in the Note, all moneys which the Secured Party Representative shall receive, in accordance with the provisions hereof, shall be applied (to the extent thereof) in the following manner: First, to the payment of all costs and expenses reasonably incurred in connection with the administration and enforcement of, or the preservation of any rights under, this Agreement or any of the reasonable expenses and disbursements of the Secured Party Representative (including, without limitation, the reasonable fees and disbursements of its counsel and agents); Second, to the payment of all Secured Obligations arising out of the Note in accordance with the terms of the Note and, if not therein provided, in such order as the Secured Party Representative may determine; and Third, to the payment of all other Secured Obligations in such order as the Secured Party Representative may determine.

Appears in 1 contract

Samples: General Security Agreement (Tarpon Industries, Inc.)

Application of Moneys. (a) Except as otherwise provided herein or in the NoteNotes, all moneys which the Secured Party shall receive, in accordance with the provisions hereof, shall be applied (to the extent thereof) in the following manner: First, to the payment of all costs and expenses reasonably incurred in connection with the administration and enforcement of, or the preservation of any rights under, this Agreement or any of the reasonable expenses and disbursements of the Secured Party (including, without limitation, the fees and disbursements of its counsel and agents); Second, to the payment of all Secured Obligations arising out of the Note Notes in accordance with the terms of the Note Notes and, if not therein provided, in such order as the Secured Party may determine; and Third, to the payment of all other Secured Obligations in such order as the Secured Party may determine.

Appears in 1 contract

Samples: General Security Agreement (Pick Communications Corp)

Application of Moneys. (a) Except as otherwise provided herein or in the NoteLoan Agreement, all moneys which the Secured Party shall receive, in accordance with the provisions hereof, shall be applied (to the extent thereof) in the following manner: First, to the payment of all costs and expenses reasonably incurred in connection with the administration and enforcement of, or the preservation of any rights under, this General Security Agreement or any of the reasonable expenses and disbursements of the Secured Party (including, without limitation, the fees and disbursements of its counsel and agents); Second, to the payment of all Secured Obligations arising out of the Note in accordance with the terms of Loan Agreement and the Note and, if not therein provided, in such order as the Secured Party may determine; and Third, to the payment of all other Secured Obligations in such order as the Secured Party may determine.

Appears in 1 contract

Samples: Loan Agreement (News Communications Inc)

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