Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 23 contracts
Samples: Securities Purchase Agreement (Internet Commerce Corp), Security Agreement (Petro River Oil Corp.), Security Agreement (ProLink Holdings Corp.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 12 contracts
Samples: Credit Agreement (Suiza Foods Corp), Credit Agreement (United Stationers Supply Co), Credit Agreement (Enhance Financial Services Group Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 8.01 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 9 contracts
Samples: Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the indefeasible payment in full in cash of the Secured ObligationsObligations (other than contingent indemnification obligations for which no claim has been made), the Company Grantors shall remain liable for any deficiency.
Appears in 7 contracts
Samples: Security Agreement (Alignment Healthcare, Inc.), Security Agreement (Navidea Biopharmaceuticals, Inc.), Security Agreement (T2 Biosystems, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Borrower shall remain liable for any deficiency.
Appears in 6 contracts
Samples: Pledge and Security Agreement (Petersen Energia Inversora, S.A.), Pledge Agreement (ITC Holdings Corp.), Pledge and Security Agreement (Petersen Energia Inversora, S.A.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof 6.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Restricted Companies shall remain liable for any deficiency.
Appears in 4 contracts
Samples: Credit Agreement (Nextel Communications Inc), Guarantee and Security Agreement (Nextel Communications Inc), Guarantee and Security Agreement (Nextel Communications Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 4.04 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 4 contracts
Samples: Security Agreement (Xg Sciences Inc), Security Agreement (True Drinks Holdings, Inc.), Security Agreement (VPR Brands, LP.)
Deficiency. If the proceeds Proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Obligors shall remain liable for any deficiency.. 4.07
Appears in 3 contracts
Samples: Revolving Credit Agreement (Appgate, Inc.), Supplemental Agreement (Appgate, Inc.), Intercreditor and Subordination Agreement (Appgate, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 5.5 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 3 contracts
Samples: Credit Agreement (Iron Mountain Inc), Credit Agreement (Iron Mountain Inc), Credit Agreement (Iron Mountain Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 4(e) hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 3 contracts
Samples: Security Agreement (Debt Resolve Inc), Security Purchase Agreement (Safety Quick Lighting & Fans Corp.), Pledge Agreement (Beijing Med Pharm Corp)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured ObligationsLiabilities, the Company shall remain liable for any deficiency.
Appears in 2 contracts
Samples: Security Agreement (Mac Filmworks Inc), Security Agreement (Mac Filmworks Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 4.03 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 2 contracts
Samples: Security Agreement (Enochian Biosciences Inc), Security Agreement (Theralink Technologies, Inc.)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 2 contracts
Samples: Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof 5.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 2 contracts
Samples: Purchase Agreement (Particle Drilling Technologies Inc/Nv), Purchase Agreement (Particle Drilling Technologies Inc/Nv)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 8.01 hereof are insufficient to cover the costs and expenses of Security Pledge and Intercreditor Agreement such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Samples: Security Pledge and Intercreditor Agreement (Nutritional Sourcing Corp)
Deficiency. If the proceeds Proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Obligors shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other ---------- realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Samples: Pledge Agreement (Griffon Corp)
Deficiency. If the proceeds of sale, collection or other ---------- realization of or upon the Collateral pursuant to Section 4.05 5.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Samples: Security Agreement (Tech Electro Industries Inc/Tx)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Customer shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 5.01 hereof are insufficient to cover the reasonable costs and reasonable expenses of such sale, collection or other realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Samples: Pledge and Security Agreement (Sinclair Broadcast Group Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 Sections 5.05 or 5.06 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds Proceeds of sale, collection or other realization of or upon the Security Agreement Collateral pursuant to Section 4.05 hereof 5.05 are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 4.5.1 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Samples: Pledge Agreement (BMP Sunstone CORP)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Obligor shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 5.06 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Samples: Pledge and Assignment Agreement (Energy Network Inc)
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 3.07 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Samples: Security Agreement (Azco Mining Inc)
Deficiency. If the proceeds of sale, collection collection, foreclosure, or other realization of or upon on the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization realizing on the Collateral and the payment in full of the Secured Obligations, the Company shall remain liable for any deficiency.
Appears in 1 contract
Deficiency. If the proceeds of sale, collection or other realization of or upon the Collateral pursuant to Section 4.05 hereof are insufficient to cover the costs and expenses of such realization and the payment in full of the Secured Obligations, the Company Obligors shall remain liable for any deficiency.
Appears in 1 contract
Samples: Security Agreement (Texas Unwired)
