No Deficiency. Notwithstanding anything in this Agreement to the contrary, Bank shall not be obligated to make any Loan, any advance of credit or issue any Letter of Credit if, after giving effect to such Loan, advance or Letter of Credit, a Deficiency would occur. If, as at any time, a Deficiency occurs, Borrower shall immediately, without demand or notice, reduce the then outstanding balance of the Loans so that such Deficiency shall no longer exist; however, if such Deficiency was caused solely by the good faith exercise of Bank’s discretion under Section 2.9.1, Borrower shall, within 5 Business Days after the occurrence of such Deficiency, reduce the then outstanding balance of the Loans so that such Deficiency shall no longer exist.
No Deficiency. No deficiency for any amount of Taxes has been proposed, asserted or assessed in writing by any Governmental Entity against the Company that remains unpaid or unresolved. There are no audits, examinations or other administrative or judicial proceedings currently ongoing or pending with respect to any Taxes of the Company. There are no waivers or extensions of any statute of limitations currently in effect or requested with respect to Taxes of the Company.
No Deficiency. After giving effect to any such Loan or issuance of such Letter of Credit, no Deficiency exists, unless the Deficiency results solely from any Permitted Overadvance (as defined in Section 12.4);
No Deficiency. After giving effect to the requested extension of Credit, there shall be no Deficiency with respect to any Loan and the outstanding Borrowing Base B Loans shall not exceed the Borrowing Base B Limit.
No Deficiency. No deficiency for any Taxes has been proposed, ------------- asserted or assessed against CES or any of its subsidiaries that has not been resolved and paid in full.
No Deficiency. No deficiency for any Taxes has been proposed, ------------- asserted or assessed against BEC or any of its subsidiaries that has not been resolved and paid in full.
No Deficiency. If the Portfolio Return Value is an amount equal to or greater than zero (0), the entire Available Holdback Amount shall be paid to the Advisor.
No Deficiency. Mortgagor shall not be liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay the Secured Obligations and the fees and disbursements of any attorneys employed by Mortgagee to collect such deficiency. Mortgagee waives any right to collect a deficiency against Mortgagor.
No Deficiency. Subject to the provisions of Sections 5 and 6 of this Agreement, Prana hereby acknowledges and affirms that the rights and remedies with respect to the Collateral, whether established hereby or by the Patent Assignment Agreement or by any other agreements or by law, shall be cumulative and may be exercised singularly or concurrently, provided, however, upon the Secured Party's exercise of its remedies under either Section 6 of this Agreement or Section 2.4 of the Patent Assignment Agreement, any further claims or recourse against Prana, including, without limitation, any deficiency claim, with respect to any Obligations as to which such remedies have been exercised shall be subject to the limitations set forth in Section 11.1
No Deficiency. Notwithstanding anything in this Agreement to the contrary, Bank shall not be obligated to make any loan or any advance of credit or issue any Letter of Credit if, after giving effect to such loan, advance or Letter of Credit, a Deficiency would occur. If, as of any date, a Deficiency occurs, Borrowers shall immediately, without demand or notice, reduce the then outstanding balance of the Loans so that such Deficiency shall no longer exist; provided, however, that if such Deficiency occurs by reason of facts of which Borrowers do not have knowledge, Borrowers shall have a grace period of 10 Business Days after the earlier of (i) Borrower's learning of such Deficiency or (ii) Bank's giving written or oral notice of such Deficiency to Borrowers to reduce the then outstanding balance of the Loans so that such Deficiency shall no longer exist.
