Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents.
Appears in 19 contracts
Samples: Security Agreement (Ronco Corp), Security Agreement (Ascendant Solutions Inc), Security Agreement (Visual Edge Systems Inc)
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower Obligor and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents, to the full extent permitted by the Code.
Appears in 9 contracts
Samples: Unit Pledge Agreement (Desert Capital Reit Inc), First Amended and Restated Security Agreement (Us Home Systems Inc), Security Agreement (Global Casinos Inc)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan Documentsgoverning Obligation Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party or Lenders to collect such deficiency.
Appears in 8 contracts
Samples: Amended and Restated Security Agreement (Resaca Exploitation, Inc.), Amended and Restated Security Agreement (Resaca Exploitation, Inc.), Credit Agreement (Cimarex Energy Co)
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents, to the full extent permitted by the Code.
Appears in 7 contracts
Samples: Pledge and Security Agreement (Stellar Bancorp, Inc.), Pledge and Security Agreement (Rush William M Rusty), Pledge and Security Agreement (CBTX, Inc.)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of upon the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the governing Loan DocumentsDocuments or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the fees and expenses of any attorneys employed by Secured Party to collect such deficiency.
Appears in 7 contracts
Samples: Security Agreement (Brain Scientific Inc.), Security Agreement (MAGELLAN GOLD Corp), Security Agreement (Golden West Brewing Company, Inc.)
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower Debtor and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents.
Appears in 5 contracts
Samples: Security Agreement (Temtex Industries Inc), Loan Agreement (Citizens Inc), Security Agreement (Mitcham Industries Inc)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan DocumentsAgreement or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party to collect such deficiency.
Appears in 5 contracts
Samples: Pledge and Security Agreement (Innovative Food Holdings Inc), Pledge and Security Agreement (Innovative Food Holdings Inc), Pledge and Security Agreement (PreCheck Health Services, Inc.)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is and Lenders are legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan Documentsgoverning Obligation Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party to collect such deficiency.
Appears in 4 contracts
Samples: Pledge Agreement (Western Gas Resources Inc), Foreign Subsidiary Stock Pledge Agreement (Western Gas Resources Inc), Stock Pledge Agreement (Western Gas Resources Inc)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan Documentsgoverning Obligation Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party to collect such deficiency.
Appears in 3 contracts
Samples: Stock Pledge Agreement (Leslie Resources Inc), Pledge Agreement (United States Exploration Inc), Stock Pledge Agreement (Leslie Resources Inc)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Pledged Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the governing Loan DocumentsDocuments or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party or Lenders to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Mad Catz Interactive Inc), Security Agreement (Mad Catz Interactive Inc)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of upon the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is are legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the governing Loan DocumentsDocuments or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the fees and expenses of any attorneys employed by any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Golden West Brewing Company, Inc.), Security Agreement (B2 Health, Inc.)
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower Debtor and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Financing Documents.
Appears in 2 contracts
Samples: Security Agreement (Karts International Inc), Subordination Agreement (Red Oak Hereford Farms Inc)
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents.
Appears in 2 contracts
Samples: Pledge Agreement (Asd Systems Inc), Security Agreement (Eagle Geophysical Inc)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan Documentsgoverning Obligation Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Vaughan Foods, Inc.), Credit Agreement (E-Dentist Com Inc)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of upon the Collateral by Secured Party Parties are insufficient to pay all amounts to which Secured Party is Parties are legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the governing Loan DocumentsDocuments or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the fees and expenses of any attorneys employed by any Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (Golden West Brewing Company, Inc.), Security Agreement (Golden West Brewing Company, Inc.)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon at such other rate as provided in shall be fixed by applicable law, together with the Loan Documentscosts of collection and the reasonable fees of any attorneys employed by Secured Party to collect such deficiency.
Appears in 2 contracts
Samples: Security Agreement (3dfx Interactive Inc), Credit Agreement (E-Dentist Com Inc)
Deficiency. In the event that the proceeds of any sale or other disposition of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents.
Appears in 2 contracts
Samples: Security Agreement (Amx Corp /Tx/), Pledge Agreement (Amx Corp /Tx/)
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower Debtor and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents, to the full extent permitted by the Code.
Appears in 2 contracts
Samples: Pledge Agreement (American Electric Technologies Inc), Pledge and Security Agreement (Equus Total Return, Inc.)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all or any part of the Collateral by the Secured Party are insufficient to pay all of the Obligations and any other amounts to which the Secured Party is legally entitled, Borrower and any party who guaranteed or is each Obligor (unless otherwise obligated to pay all or any portion of the Indebtedness provided) shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower Grantor and each other Obligor and any party Person who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents, to the full extent not prohibited by the Code.
Appears in 1 contract
Samples: Pledge and Security Agreement (Hallmark Financial Services Inc)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by the Secured Party are insufficient to pay all of the Obligations and any other amounts to which the Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon at such rate as provided in shall be fixed by applicable law, together with the Loan Documentscosts of collection and the reasonable fees of any attorneys employed by the Secured Party to collect such deficiency.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Pledged Collateral by Secured Party are insufficient to pay all of the Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtors shall be liable for the deficiency, together with interest thereon as provided in the governing Loan DocumentsDocuments or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party or Lenders to collect such deficiency.
Appears in 1 contract
Samples: Canadian Security Agreement (Mad Catz Interactive Inc)
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Financing Documents.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale ofsale, ---------- collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Indebtedness and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan Agreement or the governing Loan Documents, or if no interest is so provided, at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Security Agreement (HCS Ii Inc)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of upon the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan Documentsgoverning Obligation Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the fees and expenses of any attorneys employed by Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Security Agreement (Foreland Corp)
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower . Debtor and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Financing Documents.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower Debtor and any party each other Obligor who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents, to the full extent not prohibited by law.
Appears in 1 contract
Samples: Pledge and Security Agreement (Ascent Assurance Inc)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan Documentsgoverning Obligation Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party or Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Subsidiary Security Agreement (Leslie Resources Inc)
Deficiency. In the event that If the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower Debtor and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness (including without limitation, each Obligated Party) shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents, to the full extent permitted by the Code.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale ofsale, ---------- collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtors shall be liable for the deficiency, together with interest thereon as provided in the Loan Documentsgoverning Obligation Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party or Lenders to collect such deficiency.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower Obligor and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Transaction Documents, to the full extent permitted by the Code.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale ofsale, ---------- collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the governing Loan DocumentsDocuments or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party to collect such deficiency.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan Documentsgoverning Obligation Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable Law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party to collect such deficiency.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents, to the full extent not prohibited by law.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtors shall be jointly and severally liable for the deficiency, together with interest thereon as provided in the Loan DocumentsAgreement or (if no interest is so provided) at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party to collect such deficiency.
Appears in 1 contract
Samples: Pledge and Security Agreement (Wilhelmina International, Inc.)
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan DocumentsNote upon an Event of Default or at such other rate as shall be fixed by applicable law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party to collect such deficiency.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale of, collection ---------- from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower Obligor and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents, to the full extent permitted by the Code.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale ofsale, collection from, or other realization upon, all of or any part of the upon Collateral by Secured Party are insufficient to pay all Secured Obligations and any other amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness each Debtor shall be liable for the deficiency, together with interest thereon as provided in the Loan Documentsgoverning Obligation Documents or (if no interest is so provided) at such other rate as shall be fixed by applicable Law, together with the costs of collection and the reasonable fees of any attorneys employed by Secured Party to collect such deficiency.
Appears in 1 contract
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower Debtor and any other party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness Obligations shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents, to the full extent permitted by the Code.
Appears in 1 contract
Samples: Moody National REIT I, Inc.
Deficiency. In the event that the proceeds of any sale of, ---------- collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Data Return Corp)
Deficiency. In the event that the proceeds of any sale of, collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Secured Party is legally entitled, Borrower Debtor and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents.guaranteed
Appears in 1 contract
Samples: Security Agreement (Migratec Inc)
Deficiency. In the event that the proceeds of any sale of, ---------- collection from, or other realization upon, all or any part of the Collateral by Secured Party are insufficient to pay all amounts to which Bank, BOLC, or Secured Party is are legally entitled, Borrower Pledgor and any party who guaranteed or is otherwise obligated to pay all or any portion of the Indebtedness shall be liable for the deficiency, together with interest thereon as provided in the Loan Documents.
Appears in 1 contract
