Marshaling, etc. You shall not be required to make any demand upon or pursue or exhaust any of your rights with respect to the payment of the Loan Obligations, or to pursue or exhaust any of your rights or remedies with respect to any of the Loan Security therefor, or any direct or indirect Guarantee thereof. You shall not be required to marshal the Loan Security or any Guarantee of the Loan Obligations or to resort to the Loan Security or any such Guarantee in any particular order and all of your rights hereunder and under all other Loan Agreements shall be cumulative. The Company hereby agrees to waive, and does hereby absolutely and irrevocably waive and relinquish the benefit and advantage of, and does hereby covenant not to assert against you, any valuation, stay, appraisement, extension or redemption laws now existing or which may hereafter exist which, but for this provision, might be applicable to any sale made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement or otherwise based on this Agreement in respect of any Loan Security. Without limiting the generality of the foregoing, the Company hereby agrees that it will not invoke or utilize any law which might cause delay in or impede the enforcement of your rights under this Agreement, and hereby waives the same. In addition, the Company hereby waives any right to prior notice (except to the extent expressly provided in this Agreement) or judicial hearing in connection with the taking possession or the disposition of any of the Loan Security, including without limitation any such right which the Company would otherwise have under the Constitution of the United States of America, or any state or territory thereof. Upon your request, the Company agrees to assemble the Loan Security and otherwise make it available to you.
Marshaling, etc. Neither the Agent nor the Buyers shall be required to make any demand upon, or pursue or exhaust any of their rights or remedies against, the Pledgor or any other guarantor, pledgor or any other Person with respect to the payment of the Credit Obligations or to pursue or exhaust any of their rights or remedies with respect to any collateral therefor or any direct or indirect guarantee thereof. Neither the Agent nor the Buyers shall be required to marshal the Credit Security or any guarantee of the Credit Obligations or to resort to the Credit Security or any such guarantee in any particular order, and all of its and their rights hereunder or under any other Transaction Document shall be cumulative. To the extent it may lawfully do so, the Pledgor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Agent or the Buyers, any valuation, stay, appraisement, extension, redemption or similar laws now or hereafter existing which, but for this provision, might be applicable to the sale of any Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement, or otherwise. Without limiting the generality of the foregoing, the Pledgor (a) agrees that it will not invoke or utilize any law which might prevent, cause a delay in or otherwise impede the enforcement of the rights of the Agent or any Buyer in the Credit Security, (b) waives its rights under all such laws, and (c) agrees that it will not invoke or raise as a defense to any enforcement by the Agent or any Buyer of any rights and remedies relating to the Credit Security or the Credit Obligations any legal or contractual requirement with which the Agent or any Buyer may have in good faith failed to comply. In addition, the Pledgor waives any right to prior notice (except to the extent expressly required by this Agreement) or judicial hearing in connection with foreclosure on or disposition of any Credit Security, including any such right which the Pledgor would otherwise have under the Constitution of the United States of America, any state or territory thereof or any other jurisdiction.
Marshaling, etc. All rights to a marshaling of the assets of Mortgagor, including the Premises, or to a sale in inverse order of alienation in the event of foreclosure, and agrees not to assert any right under any law pertaining to the marshaling of assets, the sale in inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or other matters whatsoever to defeat, reduce or affect the right of Mortgagee under the terms of the Loan Documents to a sale of the Premises for the collection of the Indebtedness without any prior or different resort for collection, or the right of Mortgagee to the payment of the Indebtedness out of the proceeds of sale of the Premises in preference to every other claimant whatsoever.
Marshaling, etc. Neither the Agent nor the Lenders shall --------------- be required to make any demand upon, or pursue or exhaust any of their rights or remedies against, any Obligor or any other guarantor, pledgor or any other Person with respect to the payment of the Credit Obligations or to pursue or exhaust any of their rights or remedies with respect to any collateral therefor or any direct or indirect guarantee thereof. Neither the Agent nor the Lenders shall be required to marshal the Credit Security or any guarantee of the Credit Obligations or to resort to the Credit Security or any such guarantee in any particular order, and all of its and their rights hereunder or under any other Credit Document shall be cumulative. To the extent it may lawfully do so, each of the Obligors absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Agent or the Lenders, any valuation, stay, appraisement, extension, redemption or similar laws now or hereafter existing which, but for this provision, might be applicable to the sale of any Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement, or otherwise. Without limiting the generality of the foregoing, each of the Obligors (a) agrees that it will not invoke or utilize any law which might prevent, cause a delay in or otherwise impede the enforcement of the rights of the Agent or any Lender in the Credit Security, (b) waives all such laws, and (c) agrees that it will not invoke or raise as a defense to any enforcement by the Agent or any Lender of any rights and remedies relating to the Credit Security or the Credit Obligations any legal or contractual requirement with which the Agent or any Lender may have in good faith failed to comply. In addition, each of the Obligors waives any right to prior notice (except to the extent expressly required by this Agreement) or judicial hearing in connection with foreclosure on or disposition of any Credit Security, including any such right which such Obligor would otherwise have under the Constitution of the United States of America, any state or territory thereof or any other jurisdiction.
Marshaling, etc. Lathi shall not be required to marshal the Security or to resort to the Security in any particular order, and all of its rights hereunder or under any other Document shall be cumulative. To the extent it may lawfully do so, MXE absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against Lathi, any valuation, stay, appraisement, extension, redemption or similar laws now or hereafter existing which, but for this provision, might be applicable to the sale of any Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement, or otherwise, and agrees that it will not invoke any law relating to the marshalling of collateral or any other law which might cause a delay in or impede the enforcement of Lathi’s rights under this Agreement or under any other instrument creating or evidencing any Security, and to the extent it may do so, MXE hereby waives the benefit of all such laws. In addition, MXE waives any right to prior notice (except to the extent expressly required by this Agreement or the UCC) or judicial hearing in connection with foreclosure on or disposition of any Security, including any such right which MXE would otherwise have under the Constitution of the United States of America, any state or territory thereof or any other jurisdiction.
Marshaling, etc. Secured Party shall not be required to make any demand upon or pursue any of its rights or remedies against Debtor or others with respect to the payment or performance of the Obligations secured hereby, or to pursue or exhaust any of its rights or remedies with respect to any of the Collateral Security. Secured Party shall not be required to marshal the Collateral Security or secured obligations or to resort to the Collateral Security in any particular order and all of its rights hereunder shall be cumulative. To the extent not prohibited by applicable law, Debtor hereby agrees to waive and relinquish the benefit and advantage of, and hereby covenants not to assert against Secured Party, any present or future valuation, stay, appraisement, extension or redemption laws which, but for this provision, might be applicable to any sale or assignment made under any judgment, order or decree of any court, or privately under the power of sale and assignment conferred by this agreement or in respect of any of the Collateral Security. Without limiting the generality of the foregoing, Debtor hereby agrees that it will not invoke or utilize and hereby waives any law which may delay or impede the enforcement of Secured Party's rights under this agreement. In addition, to the extent not prohibited by applicable law, Debtor hereby waives any right to prior notice (except to the extent expressly provided in this agreement) or judicial hearing in connection with the taking possession or the disposition of any of the Collateral Security. Debtor waives any obligation of Secured Party to post any bond or security in order to enforce any rights or remedies required hereunder notwithstanding any provisions of law to the contrary.
Marshaling, etc. The Debtor shall, upon the Secured Party's request, assemble the Security and otherwise make it available to the Secured Party. The Secured Party shall not be required to make any demand upon, or pursue or exhaust any of its rights or remedies against, the Debtor, or any guarantor, pledgor or any other person or entity with respect to the payment and performance of the Note or to pursue or exhaust any of its rights or remedies with respect to any of the collateral therefor or any direct or indirect guarantee thereof. The Secured Party shall not be required to marshal the Security or any guarantee of the Note or to resort to the Security or any such guarantee in any particular order, and all of its rights hereunder shall be cumulative. The Debtor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Secured Party, any valuation, stay, appraisement, extension, redemption or similar laws now or hereafter existing which, but for this provision, might be applicable to the sale of any Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement, or otherwise. Without limiting the generality of the foregoing and except as otherwise provided in this Agreement, the Debtor agrees that it will not invoke or raise as a defense to any enforcement by the Secured Party of any of its rights and remedies relating to the Security or the Note any legal or contractual requirement with which the Secured Party may have in good faith failed to comply, the consequence of which would prevent or materially delay or otherwise impede the enforcement of the Secured Party's rights under this Agreement and waive the same. In addition, the Debtor waives any right to prior notice (except to the extent expressly required by this Agreement) or judicial hearing in connection with foreclosure on or disposition of any Security, including any such right which the Debtor would otherwise have under the Constitution of the United States of America, any state or territory thereof or any other jurisdiction.
Marshaling, etc. Neither the Agent nor the Holders shall be required to make any demand upon, or pursue or exhaust any of their rights or remedies against, any Obligor or any other guarantor, pledgor or any other Person with respect to the payment of the Obligations or to pursue or exhaust any of their rights or remedies with respect to any collateral therefor or any direct or indirect guarantee thereof. Neither the Agent nor the Holders shall be required to marshal the Credit Security or any guarantee of the Obligations or to resort to the Credit Security or any such guarantee in any particular order, and all of its and their rights hereunder or under any other Credit Document shall be cumulative. To the extent it may lawfully do so, each Obligor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Agent or the Holders, any valuation, stay, appraisement, extension, redemption or similar laws now or hereafter existing which, but for this provision, might be applicable to the sale of any Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement, or otherwise. Without limiting the generality of the foregoing, each Obligor (a) agrees that it will not invoke or utilize any law which might prevent, cause a delay in or otherwise impede the enforcement of the rights of the Agent or any Holder in the Credit Security,
Marshaling, etc. Neither the Managing Agent nor the Lenders shall be required to make any demand upon, or pursue or exhaust any of their rights or remedies against, any Obligor or any other guarantor, pledgor or any other Person with respect to the payment of the Credit Obligations or to pursue or exhaust any of their rights or remedies with respect to any collateral therefor or any direct or indirect guarantee thereof. Neither the Managing Agent nor the Lenders shall be required to marshal the Credit Security or any guarantee of the Credit Obligations or to resort to the Credit Security or any such guarantee in any particular order, and all of its and their rights hereunder or under any other Credit Document shall be cumulative. To the extent it may lawfully do so, each Obligor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the
Marshaling, etc. All rights to a marshaling of the assets of Grantor, including the Premises, or to a sale in inverse order of alienation in the event of foreclosure, and agrees not to assert any right under any law pertaining to the marshaling of assets, the sale in [DEED TO SECURE DEBT AND SECURITY AGREEMENT] ING No. 28315 inverse order of alienation, the exemption of homestead, the administration of estates of decedents, or other matters whatsoever to defeat, reduce or affect the right of Grantee under the terms of the Loan Documents to a sale of the Premises for the collection of the Indebtedness without any prior or different resort for collection, or the right of Grantee to the payment of the Indebtedness out of the proceeds of sale of the Premises in preference to every other claimant whatsoever.
