Common use of Deficiency Clause in Contracts

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof), together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable costs of collection and reasonable attorneys’ fees and disbursements. Any surplus remaining after the full payment and satisfaction of the Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders other Secured Parties are legally entitled in respect of the Obligations are legally entitledPledgor Obligations, the Pledgors shall be remain jointly and severally liable for the deficiency (subject to Section 26 hereof)such deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansinterest, together with reasonable costs of collection and reasonable collection, attorneys’ fees and disbursementssuch other amounts, in each case as are provided for in the Credit Agreement. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 25 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Secured Obligations are legally entitled, the Pledgors Pledgor shall be jointly and severally liable with the other Credit Parties for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees the fees, charges and disbursementsdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 25 hereof), together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the ABR Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Administrative Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 24 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with the reasonable and documented costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 23 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and the reasonable attorneys’ fees fees, charges and disbursementsdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 29 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees the fees, charges and disbursementsdisbursements of counsel as provided in the Loan Documents. Any surplus remaining after the full payment and satisfaction of the Obligations (subject to Section 2(b)) shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 24 hereof), together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Administrative Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Credit Party Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the ABR Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Administrative Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 24 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees the fees, charges and disbursementsdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsfees. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 23 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with the reasonable costs of collection and reasonable attorneys’ fees and disbursementsAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Secured Creditors are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 23 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Senior Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Term Loans, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsfees. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Creditors are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 23 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansInterest rate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or and the holders of the Obligations Lenders are legally entitled, the Pledgors Pledgor shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Administrative Agent or the Lenders to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable with the other Credit Parties for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees the fees, charges and disbursementsdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors Pledgor shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansdefault rate specified in Section 2.10 of the Credit Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Administrative Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 24 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate specified in Section 2.08 of the Credit Agreement for Revolving Loans that are Base Rate Loans, together with reasonable costs of collection and reasonable attorneys’ fees and disbursementsAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof), together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable costs of collection and reasonable attorneys’ fees and disbursementsattorney fees. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Secured Obligations are legally entitled, the Pledgors each Pledgor shall be jointly and severally liable with the other Credit Parties for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees the fees, charges and disbursementsdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Creditors are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 22 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansInterest rate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 24 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with the reasonable costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors Pledgor shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the ABR Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Administrative Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Domestic Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 23 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 22 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and the reasonable attorneys’ fees fees, charges and disbursementsdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 23 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and the reasonable attorneys’ fees fees, charges and disbursementsdisbursements of counsel. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency deficiency, (subject to Section 26 hereof), b) together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsfees. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 24 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsattorney’s fees. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Canadian Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 23 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ legal fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors Pledgor shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansrate of interest applicable thereto pursuant to Section 2.10(b) of the Credit Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Administrative Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.