DEFICIENCY IN PROCEEDS OF SALE. The parties agree that, regardless of any other provisions contained in this Agreement to the contrary:
DEFICIENCY IN PROCEEDS OF SALE. If the amount realised by the Chargee pursuant to the proceedings referred to in Section 4.03 hereof after the deductions thereof is less than the amount due and payable to the Chargee and whether at such sale the Chargee is the purchaser or otherwise, the Chargor shall pay to the Chargee the difference between the amount due and the amount so realised.
DEFICIENCY IN PROCEEDS OF SALE. If the amount realised by the Bank pursuant to the proceedings referred to in Clause 11.4 hereof after all deductions thereof is less than the amount due and payable to the Bank, and whether at such sale the Bank is the purchaser or otherwise, the Customer shall pay to the Bank the difference between the amount due and the amount so realised.
DEFICIENCY IN PROCEEDS OF SALE. It is expressly agreed and declared between the parties hereto that notwithstanding, any other provision herein contained in the other documents creating security for the Facility to the contrary, the Customer shall be liable to the Bank for the difference between the amount due and the actual amount ultimately received by the Bank and /or upon a sale of the Property in the event that the actual amount ultimately received by the Bank under the terms of this Agreement or any of the documents creating security for the Facility and /or on sale of the Property after deduction and payment from the proceeds so recovered, or realized or received of all fee (including but not limited to the Bank’s solicitor fees on a solicitor and client basis) dues costs rates taxes and other outgoings on the Property is less than the amount due to the Bank hereunder and under the other documents creating security for the Facility and notwithstanding whether or not the Bank is the purchaser of the Property at such sale and the Customer shall pay late payment charges on the differential sum until the date of actual payment made. PROVIDED THAT nothing herein contained shall be construed as imposing any obligation (whether at law or in equity) upon the Bank to exhaust its remedy to sell the Property before commencing any separate action or before enforcing any other remedies or exercising any other rights against the Customer AND the Customer hereby irrevocably and unconditionally agrees and consents to the Bank commencing separate proceedings, enforcing other remedies and exercising any other rights which the Bank may have against the Customer prior to or simultaneously with and without having exhausted its rights to sell or to proceed against the Property or to realize its security under the documents creating security for the Facility.
DEFICIENCY IN PROCEEDS OF SALE. If the amount recovered or realised under the Security Documents after deduction and payment, from the amount so recovered or realised, of all fees, costs, expenses and other outgoings, is less than the amount due to the Bank under the Security Documents and whether in the process of such recovery or realisation the Bank has purchased any of the properties and assets charged to the Bank or otherwise, the Customer and/or the Assignor will pay to the Bank the difference between the amount due and the amount so realised. Until payment, the Assignor will also pay ta’widh (late payment compensation) on such balance at the rate provided in the Facility Agreement.
DEFICIENCY IN PROCEEDS OF SALE. If the amount realised by the Lender on a sale or application of the properties and assets deposited with the Lender after deduction and payment from the proceeds of such sale of all fees, dues, costs, rates, taxes and other outgoings thereon is less than the amount due to the Lender and whether at such sale the Lender is the purchaser thereof or otherwise, the Borrower shall pay to the Lender the difference between the amount due and the amount so realised and until payment will also pay interest on such balance at the rate specified in accordance to the terms and condition of this Agreement.
DEFICIENCY IN PROCEEDS OF SALE. If the amount realised by the Bank on a sale of the Property under the provisions of Section 10.01 hereof after deduction and payment from the proceeds of such sale of all fees dues costs charges and expenses incidental thereto is less than the amount due to the Bank under the Bank Security Documents and whether at such sale the Bank is the purchaser of the Property or otherwise the Company shall pay to the Bank the difference between the amount due and the amount so realised and until payment will also pay interest on such balance at the Prescribed Rate before as well as after any Court order or judgment.
DEFICIENCY IN PROCEEDS OF SALE. If the amount realised by MDV pursuant to this Agreement and the Transaction Documents after deducting any payment from the amount so realised of all fees dues costs rates taxes and other outgoings arising out of or occasioned by such realisation is less than the amount due to MDV, the Customer shall pay to MDV on demand the difference between the amount due and the amount so realised and until payment will also pay to MDV the cost to MDV (as determined by MDV which determination shall, save for any manifest error be conclusive and binding on the Customer) including but not limited to such cost payable to MDV on account of or in respect of any funds obtained or deposits from third parties in order to maintain or carry the amount of such difference and calculated up to the date of payment thereof as well as before or after judgment.
DEFICIENCY IN PROCEEDS OF SALE. (i) If the amount recovered or realized by the Bank after deduction and payment from the proceeds of such recovery or realization of all fees, dues, costs, rents, rates, taxes, and other outgoings, is less than the amount due to the Bank (and whether in the process of such recovery or realization the Bank is the purchaser or otherwise) the Customer must pay the Bank the difference between the amount due and the amount so realised.
DEFICIENCY IN PROCEEDS OF SALE. If the net proceeds of any sale of the Property under the provisions herein or the applicable Acts or otherwise are less than the balance of all monies owing after deduction and payment from the proceeds of such sale of all fees (including the fees of the Bank's solicitors on a full indemnity basis) dues, cost, rents, rates, taxes and other outgoings and all the costs and expenses incurred in connection with the making and carrying into effect of such sale, the Customer(s) shall notwithstanding that the Bank may be the purchaser of the Property, pay the Bank the difference between all monies owing and the net proceeds of such sale PROVIDED that nothing stated herein shall be construed in any manner whatsoever to bind or require the Bank to exercise its rights of sale of the Property first before enforcing or suing on the Customer(s)’ personal covenant to pay on demand or to restrict, affect or diminish the Bank's rights at law or in equity.
