Common use of Deficiency Clause in Contracts

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement).

Appears in 18 contracts

Samples: Intercreditor Agreement (Canada Goose Holdings Inc.), Intercreditor Agreement (Canada Goose Holdings Inc.), Term Loan Security Agreement (Academy Sports & Outdoors, Inc.)

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Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 17 contracts

Samples: Guaranty and Security Agreement (Bombay Company Inc), Guaranty and Security Agreement (Einstein Noah Restaurant Group Inc), Guaranty and Security Agreement (FTE Networks, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 14 contracts

Samples: First Lien Intercreditor Agreement (Charter Communications, Inc. /Mo/), Security Agreement (Mips Technologies Inc), Collateral Agreement (Thompson Creek Metals CO Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 10 contracts

Samples: First Lien Guaranty and Security Agreement (GSE Holding, Inc.), Guaranty and Security Agreement (Akorn Inc), Second Lien Guaranty and Security Agreement (GSE Holding, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and, to the extent set forth herein and in the reasonable and documented other Loan Documents, the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 9 contracts

Samples: First Lien Security Agreement (Jason Industries, Inc.), First Lien Security Agreement (Global Eagle Entertainment Inc.), First Lien Security Agreement (Global Eagle Entertainment Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 9 contracts

Samples: Intercreditor Agreement (Staples Inc), Intercreditor Agreement (FreightCar America, Inc.), Pledge and Security Agreement (Marti Technologies, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth extent payable in accordance with Section 13.5 11.5 of the Credit Agreement).

Appears in 8 contracts

Samples: Patent Security Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.), Guarantee and Collateral Agreement (Lantheus Holdings, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 8 contracts

Samples: Canadian Collateral Agreement (Thompson Creek Metals CO Inc.), Credit Agreement (Auxilium Pharmaceuticals Inc), Credit Agreement (Microsemi Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any outside attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 8 contracts

Samples: Credit Agreement (Babcock & Wilcox Co), Credit Agreement (Babcock & Wilcox Enterprises, Inc.), Pledge and Security Agreement (Babcock & Wilcox Co)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 8 contracts

Samples: Pledge and Security Agreement (Knology Inc), Security Agreement (Warnaco Group Inc /De/), Pledge and Security Agreement (Knology Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 7 contracts

Samples: First Lien Security Agreement (Hovnanian Enterprises Inc), First Lien Security Agreement (Hovnanian Enterprises Inc), First Lien Security Agreement (Hovnanian Enterprises Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 7 contracts

Samples: Collateral Agreement (Paperweight Development Corp), Collateral Agreement (Paperweight Development Corp), First Lien Security Agreement (Global Aviation Holdings Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 7 contracts

Samples: Collateral Agreement (Appvion, Inc.), Security Agreement (RDA Holding Co.), Credit Agreement (Calpine Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent Trustee or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 6 contracts

Samples: Collateral Agreement (Carmike Cinemas Inc), Collateral Agreement (Primus Telecommunications Group Inc), Security and Pledge Agreement (Intelsat S.A.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 6 contracts

Samples: Security Agreement (Merisant Co), Guaranty and Collateral Agreement (Rex Energy Corp), Pledge and Security Agreement (NBC Acquisition Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Co-Collateral Agent Agents or any Secured other Credit Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 6 contracts

Samples: Guarantee and Collateral Agreement, Intercreditor Agreement (Sears Holdings Corp), Guarantee and Collateral Agreement (Sears Holdings Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (Fitbit Inc), Guarantee and Collateral Agreement (Benefitfocus,Inc.), Guarantee and Collateral Agreement (Accuray Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 5 contracts

Samples: Security Agreement (Accellent Inc), Guarantee and Collateral Agreement (R H Donnelley Corp), Guarantee and Collateral Agreement (Dex Media East LLC)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 5 contracts

Samples: Revolving Security Agreement (Goodman Sales CO), Term Loan Security Agreement (Goodman Sales CO), Shared Services Agreement (DEX ONE Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds Proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 4 contracts

Samples: Guaranty and Security Agreement (Jakks Pacific Inc), Credit Agreement (Jakks Pacific Inc), Guaranty and Security Agreement (Igi Laboratories, Inc)

Deficiency. Each Grantor or Holdings, as applicable, shall remain liable for any deficiency if the proceeds Proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to accordance with the limitations set forth in Section 13.5 terms of the Credit Agreement).

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Maxxam Inc), Guarantee and Collateral Agreement (Maxxam Inc), Guarantee and Collateral Agreement (Maxxam Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any Secured Party Lender to collect such deficiency (in each case subject with regard to fees and disbursements of any attorneys, to the limitations set forth in Section 13.5 extent the Borrower is required to pay or reimburse such fees and disbursements pursuant to subsection 11.5 of the Credit Agreement).

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Cumulus Media Inc), Guarantee and Collateral Agreement (Citadel Broadcasting Corp), First Lien Guarantee and Collateral Agreement (Cumulus Media Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 4 contracts

Samples: Asset Based Revolving Credit Agreement (Contura Energy, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.), Pledge and Security Agreement (Alpha Metallurgical Resources, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable Attorney Costs and documented fees and disbursements expenses of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (First Wind Holdings Inc.), First Lien Guarantee and Security Agreement (First Wind Holdings Inc.), Credit Agreement (First Wind Holdings Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and, to the extent set forth herein and in the reasonable and documented other Loan Documents, the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Sundance Energy Australia LTD), Guarantee and Collateral Agreement (Sundance Energy Australia LTD), Guarantee and Collateral Agreement (Sundance Energy Australia LTD)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its First Lien Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any First Lien Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: Security Agreement (Serena Software Inc), Security Agreement (Hca Inc/Tn), Security Agreement (Serena Software Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Medical Properties Trust Inc), And Collateral Agreement (Medical Properties Trust Inc), Guarantee and Collateral Agreement (Beverly Enterprises Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (deficiency, in each case subject to until the limitations set forth in Section 13.5 Discharge of the Credit Agreement)Obligations.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (ShoreTel Inc), Guarantee and Collateral Agreement (Extreme Networks Inc), Credit Agreement (Violin Memory Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Waitr Holdings Inc.), Security Agreement (CVR Partners, Lp), Security Agreement (Landec Corp \Ca\)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Ultra Clean Holdings Inc), Pledge and Security Agreement (Par Petroleum Corp/Co), Pledge and Security Agreement (Aviall Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral US Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Thermon Holding Corp.), Guaranty and Security Agreement (Thermon Holding Corp.), Guaranty and Security Agreement (Thermon Group Holdings, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent Trustee or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: Collateral Trust Agreement (MRC Global Inc.), Security Agreement (MRC Global Inc.), Security Agreement (MRC Global Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Shared Collateral are insufficient to pay its the Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Shared Collateral Agent or any Shared Collateral Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: Shared Services Agreement (DEX ONE Corp), Shared Services Agreement (DEX ONE Corp), Shared Services Agreement (DEX ONE Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its in full the Obligations and in accordance with Section 1.2(c) including, the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Alere Inc.), Guaranty and Security Agreement (Inverness Medical Innovations Inc), Guaranty and Security Agreement (Inverness Medical Innovations Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay in full its Guaranteed Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: General Security Agreement (Aemetis, Inc), General Security Agreement (Aemetis, Inc), General Security Agreement (Aemetis, Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Johnsondiversey Holdings Inc), Security Agreement (Dominion Homes Inc), Security Agreement (Dominion Homes Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 3 contracts

Samples: Security Agreement (InfuSystem Holdings, Inc), Security Agreement (I Flow Corp /De/), Security Agreement (InfuSystem Holdings, Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (deficiency, all in each case accordance with and subject to the limitations set forth in Section 13.5 of the Credit Agreement).

Appears in 2 contracts

Samples: First Lien Collateral Agreement (Centric Brands Inc.), Patent Security Agreement (Centric Brands Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Guaranteed Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any ABL Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Abl Security Agreement (Tribune Publishing Co), Intercreditor Agreement (Tribune Publishing Co)

Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Virgin Mobile USA, Inc.), Patent Security Agreement (Virgin Mobile USA, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent Lender or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement).deficiency. ARTICLE VII

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Imation Corp), Guaranty and Security Agreement (Imation Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Foamex Capital Corp), Pledge and Security Agreement (Foamex Capital Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Note Obligations and, to the extent set forth herein and in the reasonable and documented other Note Documents, the fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Global Eagle Entertainment Inc.), Security Agreement (Global Eagle Entertainment Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Notes Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (Accellent Inc), Notes Security Agreement (Associated Materials, LLC)

Deficiency. Each Grantor The Grantors, jointly and severally, shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (Cavco Industries Inc), Security Agreement (Palm Harbor Homes Inc /Fl/)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or Administrative Agent, any Secured Party or any holder of Equally and Ratably Secured Notes Obligations to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Cco Holdings LLC), Guarantee and Collateral Agreement (Cco Holdings LLC)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and and, without duplication, the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (AgeX Therapeutics, Inc.), Security Agreement (AgeX Therapeutics, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Borrower Credit Agreement Obligations or Guarantor Obligations, as applicable, and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any other Credit Agreement Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Collateral Agreement (Universal Health Services Inc), Collateral Agreement (Universal Health Services Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Guaranteed Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (Tribune Media Co), Assignment and Assumption (Tribune Media Co)

Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented (in reasonable detail) out-of-pocket fees and disbursements of any attorneys attorney employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (UA Granite Corp), Security Agreement (Stevia Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its such Grantor’s Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Note Lien Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (Thornburg Mortgage Inc), Security Agreement (Thornburg Mortgage Inc)

Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay satisfy its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Secured Parties or the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (GMX Resources Inc), Security Agreement (GMX Resources Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in accordance with Section 13.5 14.5 of the Credit Agreement)Agreements and Section 7.07 of the Indenture.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Revlon Consumer Products Corp), Third Amended And (Revlon Consumer Products Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Stargazer Productions), Guarantee and Collateral Agreement (Skillsoft Public Limited Co)

Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject deficiency, to the limitations set forth in extent such fees and disbursements are reimbursable under Section 13.5 of the Credit Agreement)8.4.

Appears in 2 contracts

Samples: Pledge Agreement (Charter Communications Inc /Mo/), Pledge Agreement (Charter Communications Inc /Mo/)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any Secured Party Lender to collect such deficiency (in each case subject to the limitations set forth in extent that the Administrative Agent and the Lenders are entitled to reimbursement pursuant to Section 13.5 10.5 of the Credit AgreementAgreement and Section 8.4 hereof).

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Advent Software Inc /De/), Guarantee and Collateral Agreement (Advent Software Inc /De/)

Deficiency. Each Grantor shall remain jointly and severally liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations or Guaranteed Obligations, as the case may be, and the reasonable and documented out-of-pocket fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: First Lien Guaranty and Security Agreement (BioScrip, Inc.), Second Lien Guaranty and Security Agreement (BioScrip, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and out-of-pocket disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Wendy's/Arby's Group, Inc.), Pledge and Security Agreement (Wendy's/Arby's Group, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds Proceeds of any sale or other disposition of the any Collateral are insufficient to pay its Pay in Full the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Endologix Inc /De/), Guaranty and Security Agreement (Endologix Inc /De/)

Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Foreign Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Canadian Security Agreement (Elizabeth Arden Inc), Canadian Pledge Agreement (Elizabeth Arden Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Priority Lien Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Priority Lien Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Patent Security Agreement (Gogo Inc.), Collateral Agreement (Gogo Inc.)

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Deficiency. Each Grantor understands that it shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Pledge and Security Agreement (WCI Steel, Inc.), Pledge and Security Agreement (WCI Steel, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (Unisys Corp), Security Agreement (Unisys Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent Trustee or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Mirant Corp), Guarantee Agreement (Rri Energy Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party Trustee to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (American Capital, LTD), Security Agreement (American Capital, LTD)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition Disposition of the any Collateral are insufficient to pay its cause the Secured Obligations and to be Paid in Full, including the reasonable and documented payment in full in cash of the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Aerie Pharmaceuticals Inc), Guaranty and Security Agreement (Aerie Pharmaceuticals Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Se-cured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Pledge Agreement (Kinder Morgan Inc), Credit Agreement (Kinder Morgan Holdco LLC)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Guaranteed Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Term Loan Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Term Loan Security Agreement (Tribune Publishing Co), Credit Agreement (Tribune Publishing Co)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Amc Entertainment Inc), Pledge and Security Agreement (Us Concrete Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds Proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Obligations and the reasonable and documented out-of-pocket fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement).

Appears in 2 contracts

Samples: Intercreditor Agreement (Avaya Holdings Corp.), Abl Security Agreement (Avaya Holdings Corp.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Guarantee and Security Agreement (American Capital, LTD), Guarantee and Security Agreement (FS Energy & Power Fund)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (Rockwood Specialties Group Inc), Guarantee and Collateral Agreement (Hanger Orthopedic Group Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Notes Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any other Notes Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Collateral Agreement (United States Steel Corp), Collateral Agreement (United States Steel Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent Security Trustee or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (Fly Leasing LTD), Security Agreement (Fly Leasing LTD)

Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any Secured other Purchaser Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (Chromocell Therapeutics Corp), Security Agreement (Chromocell Therapeutics Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency. PLEDGE AND SECURITY AGREEMENT KNOLOGY, INC.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Knology Inc), Pledge and Security Agreement (Knology Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay in full its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 2 contracts

Samples: Security Agreement (USA Synthetic Fuel Corp), Control Agreement (USA Synthetic Fuel Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Second Lien Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (New World Restaurant Group Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Second Lien Collateral Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Guaranty and Security Agreement (CSAV Holding Corp.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds Proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Security Agreement (Congoleum Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in extent owed pursuant to Section 13.5 10.2 of the Credit Agreement).

Appears in 1 contract

Samples: Intercreditor Agreement (U.S. Well Services, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Notes Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Notes Collateral Agent or any other Noteholder Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Pledge and Security Agreement (JELD-WEN Holding, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent Trustee or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Lien Security Agreement (CVR Partners, Lp)

Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent Trustee or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Pledge and Security Agreement (Finova Group Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency. SECTION 6.

Appears in 1 contract

Samples: Execution Version Pledge and Security Agreement (Par Pacific Holdings, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations or Guaranteed Obligations, as the case may be, and the reasonable and documented out-of-pocket fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Guaranty and Security Agreement (BioScrip, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay in full its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: General Security Agreement (Aemetis, Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral or Mortgaged Property are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Security Agreement (Clean Harbors Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Credit Agreement (Peak Resorts Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement).deficiency. THE COLLATERAL AGENT

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Alpha NR Holding Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth extent payable in accordance with Section 13.5 12.04 of the Credit Agreement).

Appears in 1 contract

Samples: Credit Agreement (Lantheus Holdings, Inc.)

Deficiency. Each The Borrower and each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Hydrocarb Energy Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and (including, without limitation, the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent Trustee or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreementdeficiency).

Appears in 1 contract

Samples: Pledge and Security Agreement (SAExploration Holdings, Inc.)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to deficiency. Each Grantor waives any and all rights of contribution or subrogation upon the limitations set forth in Section 13.5 sale or disposition of all or any portion of the Credit Agreement)Pledged Collateral by Administrative Agent.

Appears in 1 contract

Samples: Joinder Agreement (Westwood One Inc /De/)

Deficiency. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Security Agreement (Cheniere Energy Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent or any Notes Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Security Agreement (Fairpoint Communications Inc)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements Attorney Costs of any attorneys attorney employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Pledge and Security Agreement (Jarden Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Priority Lien Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent Trustee or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Security Agreement (Unisys Corp)

Deficiency. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the reasonable and documented fees and disbursements of any attorneys employed by the Collateral Agent Trustee or any Secured Party to collect such deficiency (in each case subject to the limitations set forth in Section 13.5 of the Credit Agreement)deficiency.

Appears in 1 contract

Samples: Collateral Agreement (Rex Energy Corp)

Deficiency. (a) Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the any Collateral are insufficient to pay its the Secured Obligations and the reasonable and documented fees and disbursements of any attorneys attorney employed by the Collateral Agent or any other Secured Party to collect such deficiency (in each case subject pursuant to the limitations set forth in Section 13.5 terms of the Credit Agreement).

Appears in 1 contract

Samples: Guaranty and Security Agreement (Rimini Street, Inc.)

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