Common use of Proceeds of Dispositions; Expenses Clause in Contracts

Proceeds of Dispositions; Expenses. The Company shall pay to the Bank on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank in protecting, preserving or enforcing the Bank's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as the Bank may determine, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the Company, and the Company shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Eltrax Systems Inc)

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Proceeds of Dispositions; Expenses. The Each Company shall pay to the Bank Agent on demand any and all reasonable expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as is provided in the Bank may determineConsignment Agreement, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c504(l)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the CompanyCompanies, and the Company Companies shall remain jointly and severally liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Amended and Restated Security Agreement (Finlay Fine Jewelry Corp)

Proceeds of Dispositions; Expenses. The Company shall pay to the ---------------------------------- Bank on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank in protecting, preserving or enforcing the Bank's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as the Bank may determine, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c504(l)(c) of the Uniform Commercial Code of the Commonwealth of MassachusettsMassachusetts UCC, any excess shall be returned to the Company, and the Company shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (DSL Net Inc)

Proceeds of Dispositions; Expenses. The Company shall pay to the Bank Agent on demand any and all reasonable expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as is provided in the Bank may determineCredit Agreement, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the Company, and the Company shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Genrad Inc)

Proceeds of Dispositions; Expenses. The Company shall pay to the Bank on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank in protecting, preserving or enforcing the Bank's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as the Bank may determine, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c504(l)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the Company, and the Company shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Eltrax Systems Inc)

Proceeds of Dispositions; Expenses. The Company Companies shall pay to the Bank Agent on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as is provided in the Bank may determineCredit Agreement, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the CompanyCompanies, and the Company Companies shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Morgan Group Inc)

Proceeds of Dispositions; Expenses. The Company Companies shall pay to the Bank Agent on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as is provided in the Bank may determineLoan Agreement, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the CompanyCompanies, and each of the Company Companies shall remain jointly and severally liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Stock Pledge Agreement (Metallurg Inc)

Proceeds of Dispositions; Expenses. The Company shall pay to the Bank on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank in protecting, preserving or enforcing the Bank's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as the Bank may determine, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of the Commonwealth of MassachusettsMassachusetts UCC, any excess shall be returned to the Company, and the Company shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Eroom Technology Inc)

Proceeds of Dispositions; Expenses. The Company Borrower shall pay to the Bank Agent ---------------------------------- on demand any and all reasonable expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as is provided in the Bank may determineCredit Agreement, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of the The Commonwealth of Massachusetts, any excess shall be returned to the CompanyBorrower, and the Company Borrower shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Jackson Products Inc)

Proceeds of Dispositions; Expenses. The Company Companies shall pay to the Bank Agent on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the Agent's or any Bank's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as the Bank Agent may determine, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of as in effect in the Commonwealth of Massachusetts, any excess shall be returned to the CompanyCompanies, and the Company Companies shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Charlotte Russe Holding Inc)

Proceeds of Dispositions; Expenses. The Company shall Companies jointly and severally promise to pay to the Bank Agent on demand any and all reasonable expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as is provided in the Bank may determineCredit Agreement, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the CompanyCompanies, and the each Company shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Rti Capital Corp)

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Proceeds of Dispositions; Expenses. The Company shall pay to the Bank Agent on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as is provided in the Bank may determineCredit Agreement, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c504(l)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the Company, and the Company shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Stride & Associates Inc)

Proceeds of Dispositions; Expenses. The Company Borrowers shall pay to the Bank Agent on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as is provided in the Bank may determineCredit Agreement, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the CompanyBorrowers, and each of the Company Borrowers shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Nationsrent Inc)

Proceeds of Dispositions; Expenses. The Company Companies shall pay to the Bank Agent on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, cash be applied to the payment of the Obligations in such order or preference as the Bank Agent may determine, determine proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the CompanyCompanies, and the Company Companies shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Transtechnology Corp)

Proceeds of Dispositions; Expenses. The Company shall pay to the Bank Agent ---------------------------------- on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as is provided in the Bank may determineCredit Agreement, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the Company, and the Company shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Cmgi Inc)

Proceeds of Dispositions; Expenses. The Company shall pay to the Bank ---------------------------------- Agent on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference in such order or preference as is provided in the Bank may determineCredit Agreement, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Uniform Commercial Code of the Commonwealth of Massachusetts, any excess shall be returned to the Company, and the Company shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (National Auto Finance Co Inc)

Proceeds of Dispositions; Expenses. The Company shall pay to the Bank Agent on demand any and all expenses, including reasonable attorneys' fees and disbursements, reasonably incurred or paid by the Bank Agent in protecting, preserving or enforcing the BankAgent's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as is provided in the Bank may determineCredit Agreement, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c) of the Massachusetts Uniform Commercial Code of the Commonwealth of MassachusettsCode, any excess shall be returned to the Company, and the Company shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Marcam Corp)

Proceeds of Dispositions; Expenses. The Company shall pay to the Bank on demand any and all expenses, including reasonable attorneys' fees and disbursements, reasonably incurred or paid by the Bank in protecting, preserving or enforcing the Bank's rights under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale of the Obligations or Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as the Bank may determine, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Section 9-504(1)(c504(l)(c) of the Massachusetts Uniform Commercial Code of the Commonwealth of MassachusettsCode, any excess shall be returned to the Company, and the Company shall remain liable for any deficiency in the payment of the Obligations.

Appears in 1 contract

Samples: Security Agreement (Marcam Corp)

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