ANTI-MARSHALLING PROVISIONS Sample Clauses
An Anti-Marshalling Provision is a contractual clause that restricts a creditor’s obligation to exhaust certain assets before pursuing others for debt recovery. In practice, this means that if a debtor has pledged multiple assets as security to different creditors, the creditor with access to multiple sources of repayment is not required to first satisfy their claim from assets that are not also pledged to other creditors. This provision is primarily used to protect the interests of secured creditors by preventing other creditors from forcing them to collect from specific assets, thereby preserving the value and priority of their security interests.
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ANTI-MARSHALLING PROVISIONS. The right is hereby given by the Pledgor to the Agent, for the benefit of the Secured Parties, to make releases (whether in whole or in part) of all or any part of the Collateral agreeable to the Agent without notice to, or the consent, approval or agreement of other parties and interests, including junior lienors, which releases shall not impair in any manner the validity of or priority of the Liens and security interests in the remaining Collateral conferred under such documents, nor release the Pledgor from personal liability for the Secured Obligations hereby secured. Notwithstanding the existence of any other security interest in the Collateral held by the Agent, for the benefit of the Secured Parties, the Agent shall have the right to determine the order in which any or all of the Collateral shall be subjected to the remedies provided in this Agreement. The proceeds realized upon the exercise of the remedies provided herein shall be applied by the Agent, for the benefit of the Secured Parties, in the manner provided in Section 9.5 of the Credit Agreement. The Pledgor hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
ANTI-MARSHALLING PROVISIONS. The right is hereby given by the Borrower to the Bank to make releases (whether in whole or in part) of all or any part of the Collateral under the Security Instruments agreeable to the Bank without notice to, or the consent, approval or agreement of other parties and interests, including junior lienors, which releases shall not impair in any manner the validity of or priority of the liens and security interest in the remaining Collateral conferred under such documents, nor release the Borrower from the liability for the obligations hereby secured. Notwithstanding the existence of any other security interest in the Collateral held by the Bank, the Bank shall have the right to determine the order in which any or all of the Collateral shall be subjected to the remedies provided therein, or in the Security Instruments. The Borrower hereby waives any and all rights to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein or therein.
ANTI-MARSHALLING PROVISIONS. The right is hereby given by Borrower to Lender to make releases (whether in whole or in part) of all or any part of the Collateral agreeable to Lender without notice to, or the consent, approval or agreement of other parties and interests, including junior lienors, which releases shall not impair in any manner the validity of or priority of the Liens and security interests in the remaining Collateral conferred under such documents, nor release Borrower from personal liability for the Secured Obligations hereby secured. Notwithstanding the existence of any other security interest in the Collateral held by Lender, Lender shall have the right to determine the order in which any or all of the Collateral shall be subjected to the remedies provided in this Agreement. The proceeds realized upon the exercise of the remedies provided in this Agreement shall be applied by Lender in the manner herein provided in this Agreement. Borrower hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided in this Agreement.
ANTI-MARSHALLING PROVISIONS. The right is hereby given by Pledgor to Secured Party and the Lenders to make releases (whether in whole or in part) of all or any part of the Collateral agreeable to Secured Party and the Lenders without notice to, or the consent, approval or agreement of other parties and interests, including junior lienors, which releases shall not impair in any manner the validity of or priority of the liens and security interest in the remaining Collateral conferred under such documents, nor release Pledgor from personal liability for the indebtedness hereby secured. Notwithstanding the existence of any other security interest in the Collateral held by Secured Party or any Lender, Secured Party and the Lenders shall have the right to determine the order in which any or all of the Collateral shall be subjected to the remedies provided in this
ANTI-MARSHALLING PROVISIONS. Notwithstanding the existence of any other security interest in the ▇▇ ▇▇▇▇ Collateral, the Administrative Agent shall have the right to determine the order in which any or all of the ▇▇ ▇▇▇▇ Collateral and the Collateral (as defined in the Security Agreement) pursuant to the Security Agreement shall be subjected to the remedies provided in this Agreement and in the Security Agreement. The Borrower hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
ANTI-MARSHALLING PROVISIONS. The right is hereby given by each Borrower to the Secured Party to make releases (whether in whole or in part) of all or any part of the Collateral agreeable to the Secured Party without notice to, or the consent, approval or agreement of other parties and interests, including junior lienors, which releases shall not impair in any manner the validity of or priority of the liens and security interest in the remaining Collateral conferred under such documents, nor release any Borrower from liability for the Obligations hereby secured. Notwithstanding the existence of any other security interest in the Collateral held, the Secured Party shall have the right to determine the order in which any or all of the Collateral shall be subjected to the remedies provided in this Security Agreement. Each Borrower hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
ANTI-MARSHALLING PROVISIONS. Lender may release all or any part of the Collateral without notice to, or the consent, approval or agreement of other parties and interests, including junior lienors, which releases shall not impair in any manner the validity of or priority of the liens and security interest in the remaining Collateral, nor release Debtor from liability for the Indebtedness. Notwithstanding the existence of any other security interest in the Collateral held by Lender, Lender shall have the right to determine the order in which any or all of the Collateral shall be subjected to the remedies provided herein or under any other Loan Document. Debtor hereby waives any and all rights to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein or therein.
ANTI-MARSHALLING PROVISIONS. Grantor hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.
ANTI-MARSHALLING PROVISIONS. The right is hereby given by the Borrower and by any Guarantor pledging any portion of the Collateral to the Bank to make releases (whether in whole or in part) of all or any part of the Collateral under the Security Instruments agreeable to the Bank without notice to, or the consent, approval or agreement of other parties and interests, including junior lienors, which releases shall not impair in any manner the validity of or priority of the liens and security interest in the remaining Collateral conferred under such documents, nor release the Borrower from liability for the obligations hereby secured, nor release any Guarantor from any obligation under the Guaranty Agreement. Notwithstanding the existence of any other security interest in the Collateral held by the Bank, the Bank shall have the right to determine the order in which any or all of the Collateral shall be subjected to the remedies provided herein, or in the Security Instruments. The Borrower and the Guarantors hereby waive any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein or therein.
ANTI-MARSHALLING PROVISIONS. Trustees and Beneficiary may grant releases at any time and from time to time of all or any portion of the Property (whether or not such releases are required by agreement among the parties) agreeable to Trustees and Beneficiary without notice to or the consent, approval or agreement of other parties and interests, including junior lienors and purchasers subject to the lien of this Deed of Trust, and such releases shall not impair in any manner the validity of or priority of this Deed of Trust on that portion of the Property remaining subject to this Deed of Trust, nor release Grantor from personal liability for the Debt. Notwithstanding the existence of any other security interests in the Property held by Beneficiary or by any other party, Beneficiary shall have the right to determine the order in which any or all of the Property shall be subjected to the remedies available to Beneficiary, and Beneficiary shall further have the right to determine the order in which any or all portions of the Debt are satisfied from the proceeds realized upon the exercise of any remedy it has. Grantor, or any party who consents to this, or any party who has actual or constructive notice hereof, hereby waives any and all rights to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein.