Common use of Waiver; Deficiency Clause in Contracts

Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (Clean Energy Fuels Corp.), Guarantee and Collateral Agreement (AST SpaceMobile, Inc.), Guarantee and Collateral Agreement (Eos Energy Enterprises, Inc.)

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Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 4 contracts

Samples: Guaranty and Collateral Agreement (Starboard Resources, Inc.), Guarantee and Collateral Agreement (Rosetta Resources Inc.), Assumption Agreement (Rosetta Resources Inc.)

Waiver; Deficiency. To the extent permitted by under applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-626 of the UCC or any other applicable lawUCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party Lender to collect such deficiency.

Appears in 2 contracts

Samples: Guaranty and Collateral Agreement (Qumu Corp), Guaranty and Collateral Agreement (Qumu Corp)

Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the New York UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Kodiak Oil & Gas Corp), Guarantee and Collateral Agreement (Kodiak Oil & Gas Corp)

Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable lawUCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Guaranty and Collateral Agreement (ABC Funding, Inc), Assumption Agreement (ABC Funding, Inc)

Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the Colorado UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Kodiak Oil & Gas Corp), Guarantee and Collateral Agreement (Kodiak Oil & Gas Corp)

Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable lawUCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the reasonable fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Second Lien Guaranty and Collateral Agreement (Petro Resources Corp), Guaranty and Collateral Agreement (Petro Resources Corp)

Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Collateral Agreement (Jones Energy, Inc.), Purchase Agreement (Goodrich Petroleum Corp)

Waiver; Deficiency. To the maximum extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable lawUCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Guaranty and Collateral Agreement (Rex Energy Corp), Guaranty and Second Lien Collateral Agreement (Rex Energy Corp)

Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations or Guaranteed Obligations, as the case may be, and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 2 contracts

Samples: Guaranty and Security Agreement, Guaranty and Security Agreement (Landmark Infrastructure Partners LP)

Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-626 of the UCC or any other applicable lawUCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral and the Real Estate Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party Lender to collect such deficiency.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Cpi Corp)

Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations or Guaranteed Obligations, as the case may be, and the fees and disbursements of any attorneys employed by the Collateral Security Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Seller Guaranty and Security Agreement (Dakota Plains Holdings, Inc.)

Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party Guaranteed Creditor to collect such deficiency.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (EV Energy Partners, LP)

Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable lawUCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay (i) in the case of each Grantor, its Secured Obligations or the Obligations of Swissco and (ii) the reasonable fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: European Guarantee and Luxembourg Security Agreement (Graftech International LTD)

Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor Grantors jointly and severally shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any agents or attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Security Agreement (Black Elk Energy Finance Corp.)

Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor Grantors jointly and severally shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations the Indebtedness and the fees and disbursements of any agents or attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Security Agreement (Black Elk Energy Finance Corp.)

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Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiencyObligations.

Appears in 1 contract

Samples: Security Agreement (Health Management Associates Inc)

Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Credit Agreement (MorningStar Partners, L.P.)

Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations or Guaranteed Obligations, as the case may be, and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Community Healthcare Trust Inc)

Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable lawlaw based upon its position as a surety or accommodation party with respect to the Obligations and/or the Maker. Each Grantor The Maker and each Guarantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Voyant International CORP)

Waiver; Deficiency. To the extent permitted by applicable law, Each Grantor (including each Grantor Guarantor) waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each Grantor (including each Guarantor) shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations or Guaranteed Obligations, as the case may be, and the fees and disbursements of any attorneys employed by the Collateral Agent Lender or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Danimer Scientific, Inc.)

Waiver; Deficiency. To the extent permitted by applicable law, each Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-626 of the UCC (or the Uniform Commercial Code as in effect in any other applicable lawjurisdiction). Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its the Secured Obligations in full and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Hill International, Inc.)

Waiver; Deficiency. To the extent permitted by applicable law, each The Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Administrative Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Jones Energy, Inc.)

Waiver; Deficiency. To the extent permitted by applicable law, each Grantor waives and agrees not to assert any rights or privileges which it may acquire under the New York UCC or any other applicable law. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the documented fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Second Lien Security Agreement (EnVen Energy Corp)

Waiver; Deficiency. To the extent permitted by applicable law, each The Grantor waives and agrees not to assert any rights or privileges which it may acquire under the UCC or any other applicable law. Each The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Secured Obligations and the fees and disbursements of any attorneys employed by the Collateral Agent or any other Secured Party to collect such deficiency.

Appears in 1 contract

Samples: Collateral Agreement (Jones Energy, Inc.)

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