Amendment to Section 9 (Application of Proceeds) Sample Clauses

Amendment to Section 9 (Application of Proceeds). Effective as of the First Amendment Effective Date, Section 9 of the Security Agreement is hereby amended to read in its entirety as follows: As provided herein, all of the Collateral shall secure the Notes and the debt securities issued or to be issued in the New Bridge Financing and Qualified Financing on an equal and ratable basis, in accordance with the respective amounts in respect thereof then due and owing to the holders thereof. Therefore, the proceeds of any such sale, lease or other disposition of the Collateral hereunder or from payments made on account of any insurance policy insuring any portion of the Collateral shall be applied first, to the expenses of retaking, holding, storing, processing and preparing for sale, selling, and the like (including, without limitation, any taxes, fees and other costs incurred in connection therewith) of the Collateral, if any, to the reasonable attorneys’ fees and expenses incurred by the Collateral Agent in enforcing the Secured Partiesrights hereunder and in connection with collecting, storing and disposing of the Collateral, and then to satisfaction of the Obligations and the obligations that are or will be secured by the Other Senior Liens in each case equally and proportionally among the holders of the Notes and the notes issued or to be issued in the New Bridge Financing and the Qualified Financing in accordance with the respective amounts thereof then due and owing to each of such holders, and then to the payment of any other amounts required by applicable law, after which the Secured Parties shall pay to the applicable Debtor any surplus proceeds. If, upon the sale, license or other disposition of the Collateral, the proceeds thereof are insufficient to pay all amounts to which the Secured Parties are legally entitled, the Debtors will be liable for the deficiency, together with interest thereon, at the rate of 18% per annum or the lesser amount permitted by applicable law (the “Default Rate”), and the reasonable fees of any attorneys employed by the Secured Parties to collect such deficiency. To the extent permitted by applicable law, each Debtor waives all claims, damages and demands against the Secured Parties arising out of the repossession, removal, retention or sale of the Collateral, unless due solely to the gross negligence or willful misconduct of the Secured Parties as determined by a final judgment (not subject to further appeal) of a court of competent jurisdiction.
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Related to Amendment to Section 9 (Application of Proceeds)

  • Amendment to Section 1.01 Section 1.01 of the Credit Agreement is hereby amended as follows:

  • Amendment to Section 5 05. Section 5.05 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:

  • Amendment to Section 12 Section 12 of the Agreement is hereby amended as follows:

  • Amendment to Section 2 06(a). Section 2.06(a) of the Credit Agreement is amended and restated to read in its entirety as follows:

  • Amendment to Section 10 17. Section 10.17 of the Credit Agreement is amended and restated to read in its entirety as follows:

  • Amendment to Section 4 07. Section 4.07 of the Indenture is hereby amended and restated in its entirety to read as follows:

  • Amendment to Section 8 6(c). Section 8.6(c) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:

  • Amendment to Section 3 4. Section 3.4 of the Note is amended to read in its entirety as follows:

  • Amendment to Section 6 11. Section 6.11 is hereby amended in its entirety to read as follows:

  • Amendment to Section 1.1 Section 1.1 of the Credit Agreement is hereby amended by inserting the following new definitions in the appropriate alphabetical order therein:

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