Common use of ANTI-MARSHALLING PROVISIONS Clause in Contracts

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.

Appears in 2 contracts

Samples: Security Agreement (Compliance Systems Corp), Security Agreement (Compliance Systems Corp)

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ANTI-MARSHALLING PROVISIONS. The right is hereby given by Borrower Grantor to Lender the Secured Parties, to make releases (whether in whole or in part) of all or any part of the Collateral agreeable to Lender the Secured Parties 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 liens and security interests in the remaining Collateral conferred under such documents, nor release Borrower Grantor from personal liability for the Secured Obligations hereby secured. Notwithstanding the existence of any other security interest in the Collateral held by Lenderthe Secured Parties, Lender the Secured Parties 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 herein shall be applied by Lender the Secured Parties, in the manner herein provided in this Agreementprovided. Borrower 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 in this Agreementherein.

Appears in 1 contract

Samples: Subsidiary Security Agreement (Merlin Software Technologies International Inc)

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ANTI-MARSHALLING PROVISIONS. The right is hereby given by the Borrower to the Lender to make releases (whether in whole or in part) of all or any part of the Collateral agreeable to the 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 the Lender, the 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 herein shall be applied by the Lender in the manner herein provided in this Agreementprovided. 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 in this Agreementherein.

Appears in 1 contract

Samples: Security Agreement (Compliance Systems Corp)

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