Common use of Marshaling, etc Clause in Contracts

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. You Neither the Agent nor the Lenders shall not be required to make any demand upon upon, or pursue or exhaust any of your their rights or remedies against, any Obligor or any other guarantor, pledgor or any other Person with respect to the payment of the Loan Obligations, Credit Obligations or to pursue or exhaust any of your their rights or remedies with respect to any of the Loan Security therefor, collateral therefor or any direct or indirect Guarantee guarantee thereof. You Neither the Agent nor the Lenders shall not be required to marshal the Loan Credit Security or any Guarantee guarantee of the Loan Credit Obligations or to resort to the Loan Credit Security or any such Guarantee guarantee in any particular order order, and all of your its and their rights hereunder and or under all any other Loan Agreements Credit Document shall be cumulative. The Company hereby agrees to waiveTo the extent it may lawfully do so, and does hereby each of the Obligors absolutely and irrevocably waive waives and relinquish relinquishes the benefit and advantage of, and does hereby covenant covenants not to assert against youthe Agent or the Lenders, any valuation, stay, appraisement, extension extension, redemption or redemption similar laws now or hereafter existing or which may hereafter exist which, but for this provision, might be applicable to the sale of any sale Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement Agreement, or otherwise based on this Agreement in respect of any Loan Securityotherwise. Without limiting the generality of the foregoing, each of the Company hereby 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 your the rights under this Agreementof the Agent or any Lender in the Credit Security, (b) waives all such laws, and hereby waives (c) agrees that it will not invoke or raise as a defense to any enforcement by the sameAgent 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 Company hereby Obligors waives any right to prior notice (except to the extent expressly provided in required by this Agreement) or judicial hearing in connection with the taking possession foreclosure on or the disposition of any of the Loan Credit Security, including without limitation any such right which the Company such Obligor 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 youthereof or any other jurisdiction.

Marshaling, etc. You Neither the Agent nor the Lenders shall not be required to make any demand upon upon, or pursue or exhaust any of your their rights or remedies against, any Obligor or any other guarantor, pledgor or any other Person with respect to the payment of the Loan Obligations, Credit Obligations or to pursue or exhaust any of your their rights or remedies with respect to any of the Loan Security therefor, collateral therefor or any direct or indirect Guarantee guarantee thereof. You Neither the Agent nor the Lenders shall not be required to marshal the Loan Credit Security or any Guarantee guarantee of the Loan Credit Obligations or to resort to the Loan Credit Security or any such Guarantee guarantee in any particular order order, and all of your its and their rights hereunder and or under all any other Loan Agreements Credit Document shall be cumulative. The Company hereby agrees to waiveTo the extent it may lawfully do so, and does hereby each Obligor absolutely and irrevocably waive waives and relinquish relinquishes the benefit and advantage of, and does hereby covenant covenants not to assert against youthe Agent or the Lenders, any valuation, stay, appraisement, extension extension, redemption or redemption similar laws now or hereafter existing or which may hereafter exist which, but for this provision, might be applicable to the sale of any sale Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement Agreement, or otherwise based on this Agreement in respect of any Loan Securityotherwise. Without limiting the generality of the foregoing, the Company hereby 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 your the rights of the Agent or any Lender in the Credit Security and (b) waives its rights under this Agreement, and hereby waives the sameall such laws. In addition, the Company hereby each Obligor waives any right to prior notice (except to the extent expressly provided in required by this Agreement) or judicial hearing in connection with the taking possession foreclosure on or the disposition of any of the Loan Credit Security, including without limitation any such right which the Company such Obligor 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 youthereof or any other jurisdiction.

Marshaling, etc. You No Secured Party shall not be required to make any demand upon upon, or pursue or exhaust any of your their rights or remedies against, the Pledgor or any other guarantor, pledgor or any other Person with respect to the payment of the Loan Obligations, Secured Obligations or to pursue or exhaust any of your their rights or remedies with respect to any of the Loan Security therefor, collateral therefor or any direct or indirect Guarantee guarantee thereof. You No Secured Party shall not be required to marshal the Loan Credit Security or any Guarantee guarantee of the Loan Secured Obligations or to resort to the Loan Credit Security or any such Guarantee guarantee in any particular order order, and all of your its and their rights hereunder and or under all any other Loan Agreements Secured Debt Document shall be cumulative. The Company hereby agrees to waiveTo the extent it may lawfully do so, and does hereby the Pledgor absolutely and irrevocably waive waives and relinquish relinquishes the benefit and advantage of, and does hereby covenant covenants not to assert against youthe Secured Parties, any valuation, stay, appraisement, extension extension, redemption or redemption laws similar Laws now or hereafter existing or which may hereafter exist which, but for this provisionSection 2.7.2, might be applicable to any the sale of the Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement Agreement, or otherwise based on this Agreement in respect of any Loan Securityotherwise. Without limiting the generality of the foregoing, the Company hereby Pledgor (a) agrees that it will not invoke or utilize any law Law which might prevent, cause a delay in or otherwise impede the enforcement of your the rights of the Security Trustee or any Secured Party in the Credit Security, (b) waives its rights under this Agreement, all such Laws and hereby waives (c) agrees that it will not invoke or raise as a defense to any enforcement by the sameSecurity Trustee or any Secured Party of any rights and remedies relating to the Credit Security or the Secured Obligations any legal or contractual requirement with which the Security Trustee or any Secured Party may have in good faith failed to comply. In addition, the Company hereby Pledgor waives any right to prior notice (except to the extent as expressly provided in this Agreementset forth herein) or judicial hearing in connection with the taking possession foreclosure on or the disposition of any of the Loan Credit Security, including without limitation any such right which the Company Pledgor 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 youthereof or any other jurisdiction.

Marshaling, etc. You Harcourt shall not be required to make any demand upon upon, or pursue or exhaust any of your its rights or remedies against, the Company or any guarantor, pledgor or any other Person with respect to the payment of the Loan Obligations, Obligations or to pursue or exhaust any of your its rights or remedies with respect to any of the Loan Security therefor, collateral therefor or any direct or indirect Guarantee guarantee thereof. You Harcourt shall not be required to marshal the Loan Security Collateral or any Guarantee guarantee of the Loan Obligations or to resort to the Loan Security Collateral or any such Guarantee guarantee in any particular order order, and all of your its rights hereunder and under all other Loan Agreements or otherwise shall be cumulative. The To the extent it may lawfully do so, the Company hereby agrees to waive, and does hereby absolutely and irrevocably waive waives and relinquish relinquishes the benefit and advantage of, and does hereby covenant covenants not to assert against youHarcourt, any valuation, stay, appraisement, extension extension, redemption or redemption similar laws now or hereafter existing or which may hereafter exist which, but for this provision, might be applicable to the sale of any sale Collateral made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement Agreement, or otherwise based on this Agreement in respect of any Loan Securityotherwise. Without limiting the generality of the foregoing, the Company hereby (a) agrees that it will not invoke or utilize any law which might prevent, cause delay in or otherwise impede the enforcement of your the rights under this Agreementof Harcourt in the Collateral, (b) waives all such laws and hereby waives (c) agrees that it will not invoke or raise as a defense to any enforcement by Harcourt of its rights and remedies relating to the sameCollateral or the Obligations any legal or contractual requirement with which Harcourt may have in good faith failed to comply. In addition, the Company hereby waives any right to prior notice (except to the extent expressly provided in required by this Agreement) or judicial hearing in connection with the taking possession foreclosure on or the disposition of any of the Loan SecurityCollateral, including without limitation any such right which the Company would otherwise have under the Constitution of the United States of America, America or of any state or territory thereof. Upon your request, the Company agrees to assemble the Loan Security and otherwise make it available to youthereof or any other jurisdiction.

Marshaling, etc. You The Lender shall not be required to make any demand upon upon, or pursue or exhaust any of your their rights or remedies against, any Obligor or any other guarantor, pledgor or any other Person with respect to the payment of the Loan Obligations, Credit Obligations or to pursue or exhaust any of your their rights or remedies with respect to any of the Loan Security therefor, collateral therefor or any direct or indirect Guarantee guarantee thereof. You The Lender shall not be required to marshal the Loan Credit Security or any Guarantee guarantee of the Loan Credit Obligations or to resort to the Loan Credit Security or any such Guarantee guarantee in any particular order order, and all of your its and their rights hereunder and or under all any other Loan Agreements Credit Document shall be cumulative. The Company hereby agrees to waiveTo the extent it may lawfully do so, and does hereby each Obligor absolutely and irrevocably waive waives and relinquish relinquishes the benefit and advantage of, and does hereby covenant covenants not to assert against youthe Lender, any valuation, stay, appraisement, extension extension, redemption or redemption similar laws now or hereafter existing or which may hereafter exist which, but for this provision, might be applicable to the sale of any sale Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement Agreement, or otherwise based on this Agreement in respect of any Loan Securityotherwise. Without limiting the generality of the foregoing, the Company hereby 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 your the rights under this Agreement, of the Lender in the Credit Security and hereby (b) waives the sameall such laws. In addition, the Company hereby each Obligor waives any right to prior notice (except to the extent expressly provided in required by this Agreement) or judicial hearing in connection with the taking possession foreclosure on or the disposition of any of the Loan Credit Security, including without limitation any such right which the Company such Obligor 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 youthereof or any other jurisdiction.

Marshaling, etc. You No Secured Party shall not be required to make any demand upon upon, or pursue or exhaust any of your their rights or remedies against, the Pledgor or any other guarantor, pledgor or any other Person with respect to the payment of the Loan Obligations, Obligations or to pursue or exhaust any of your their rights or remedies with respect to any of the Loan Security therefor, collateral therefor or any direct or indirect Guarantee guarantee thereof. You No Secured Party shall not be required to marshal the Loan Credit Security or any Guarantee guarantee of the Loan Obligations or to resort to the Loan Credit Security or any such Guarantee guarantee in any particular order order, and all of your its and their rights hereunder and or under all any other Loan Agreements Document shall be cumulative. The Company hereby agrees to waiveTo the extent it may lawfully do so, and does hereby the Pledgor absolutely and irrevocably waive waives and relinquish relinquishes the benefit and advantage of, and does hereby covenant covenants not to assert against youthe Secured Parties, any valuation, stay, appraisement, extension extension, redemption or redemption similar laws now or hereafter existing or which may hereafter exist which, but for this provision, might be applicable to any the sale of the Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement Agreement, or otherwise based on this Agreement in respect of any Loan Securityotherwise. Without limiting the generality of the foregoing, the Company hereby 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 your the rights of the Agent or any Secured Party in the Credit Security, (b) waives its rights under this Agreementall such laws, and hereby waives (c) agrees that it will not invoke or raise as a defense to any enforcement by the sameAgent or any Secured Party of any rights and remedies relating to the Credit Security or the Obligations any legal or contractual requirement with which the Agent or any Secured Party may have in good faith failed to comply. In addition, the Company hereby Pledgor waives any right to prior notice (except to the extent expressly provided in this Agreement) or judicial hearing in connection with the taking possession foreclosure on or the disposition of any of the Loan Credit Security, including without limitation any such right which the Company Pledgor 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 youthereof or any other jurisdiction.

Marshaling, etc. You Neither the Agent nor the Lenders shall not be required to make any demand upon upon, or pursue or exhaust any of your their rights or remedies against, any Obligor or any other guarantor, pledgor or any other Person with respect to the payment of the Loan Obligations, Credit Obligations or to pursue or exhaust any of your their rights or remedies with respect to any of the Loan Security therefor, collateral therefor or any direct or indirect Guarantee guarantee thereof. You Neither the Agent nor the Lenders shall not be required to marshal the Loan Credit Security or any Guarantee guarantee of the Loan Credit Obligations or to resort to the Loan Credit Security or any such Guarantee guarantee in any particular order order, and all of your its and their rights hereunder and or under all any other Loan Agreements Credit Document shall be cumulative. The Company hereby agrees to waiveTo the extent it may lawfully do so, and does hereby each Obligor absolutely and irrevocably waive waives and relinquish relinquishes the benefit and advantage of, and does hereby covenant covenants not to assert against youthe Agent or the Lenders, any valuation, stay, appraisement, extension extension, redemption or redemption similar laws now or hereafter existing or which may hereafter exist which, but for this provision, might be applicable to the sale of any sale Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement Agreement, or otherwise based on this Agreement in respect of any Loan Securityotherwise. Without limiting the generality of the foregoing, the Company hereby 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 your the rights of the Agent or any Lender in the Credit Security, (b) waives its rights under this Agreementall such laws, and hereby waives (c) agrees that it will not invoke or raise as a defense to any enforcement by the sameAgent 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, the Company hereby each Obligor waives any right to prior notice (except to the extent expressly provided in required by this Agreement) or judicial hearing in connection with the taking possession foreclosure on or the disposition of any of the Loan Credit Security, including without limitation any such right which the Company such Obligor 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 youthereof or any other jurisdiction.

Marshaling, etc. You Neither the Agent nor the Lenders shall not be required to make any demand upon upon, or pursue or exhaust any of your its rights or remedies against, the Company or any other guarantor, pledgor or any other Person with respect to the payment of the Loan Obligations, Credit Obligations or to pursue or exhaust any of your its rights or remedies with respect to any of the Loan Security therefor, collateral therefor or any direct or indirect Guarantee thereofguarantee thereof or insurance with respect thereto. You Neither the Agent nor the Lenders shall not be required to marshal the Loan Credit Security or any Guarantee guarantee of the Loan Credit Obligations or to resort to the Loan Credit Security or any such Guarantee guarantee in any particular order order, and all of your its rights hereunder and or under all any other Loan Agreements Credit Document shall be cumulative. The To the extent it may lawfully do so, the Company hereby agrees to waive, and does hereby absolutely and irrevocably waive waives and relinquish relinquishes the benefit and advantage of, and does hereby covenant covenants not to assert against youthe Agent or the Lenders, any valuation, stay, appraisement, extension extension, redemption or redemption similar laws now or hereafter existing or which may hereafter exist which, but for this provision, might be applicable to the sale of any sale Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement Agreement, or otherwise based on this Agreement in respect of any Loan Securityotherwise. Without limiting the generality of the foregoing, the Company hereby (a) agrees that it will not invoke or utilize any law which might prevent, cause a delay in or otherwise impede the enforcement of your the rights under this Agreementof the Agent or the Lenders in the Credit Security, (b) waives all such laws, and hereby waives (c) agrees that it will not invoke or raise as a defense to any enforcement by the sameAgent or the Lenders of any rights and remedies relating to the Credit Security or the Credit Obligations any legal or contractual requirement with which the Agent or the Lenders may have in good faith failed to comply. In addition, the Company hereby waives any right to prior notice (except to the extent expressly provided in required by Section 2.4.4 or the other provisions of this Agreement) or judicial hearing in connection with the taking possession foreclosure on or the disposition of any of the Loan Credit 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 youthereof or any other jurisdiction.

Marshaling, etc. You The Lender shall not be required to make any demand upon upon, or pursue or exhaust any of your its rights or remedies against, the Borrower or any other guarantor, pledgor or any other Person with respect to the payment of the Loan Obligations, Credit Obligations or to pursue or exhaust any of your its rights or remedies with respect to any of the Loan Security therefor, collateral therefor or any direct or indirect Guarantee guarantee thereof. You The Lender shall not be required to marshal the Loan Credit Security or any Guarantee guarantee of the Loan Credit Obligations or to resort to the Loan Credit Security or any such Guarantee guarantee in any particular order order, and all of your its rights hereunder and or under all any other Loan Agreements Credit Document shall be cumulative. The Company hereby agrees to waiveTo the extent it may lawfully do so, and does hereby the Borrower absolutely and irrevocably waive waives and relinquish relinquishes the benefit and advantage of, and does hereby covenant covenants not to assert against youthe Lender, any valuation, stay, appraisement, extension extension, redemption or redemption similar laws now or hereafter existing or which may hereafter exist which, but for this provision, might be applicable to the sale of any sale Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement Agreement, or otherwise based on this Agreement in respect of any Loan Securityotherwise. Without limiting the generality of the foregoing, the Company hereby Borrower (a) agrees that it will not invoke or utilize any law which might prevent, cause a delay in or otherwise impede the enforcement of your the rights of the Lender in the Credit Security, (b) waives its rights under this Agreement, all such laws and hereby waives (c) agrees that it will not invoke or raise as a defense to any enforcement by the sameLender of any rights and remedies relating to the Credit Security or the Credit Obligations any legal or contractual requirement with which the Lender may have in good faith failed to comply. In addition, the Company hereby Borrower waives any right to prior notice (except to the extent expressly provided in required by this Agreement) or judicial hearing in connection with the taking possession foreclosure on or the disposition of any of the Loan Credit Security, including without limitation any such right which the Company Borrower 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 youthereof or any other jurisdiction.

Marshaling, etc. You Neither the Lenders nor the Agent shall not be required to make any demand upon upon, or pursue or exhaust any of your their rights or remedies against, any Pledgor, any other guarantor or pledgor or any other Person with respect to the payment of the Loan Obligations, Credit Obligations or to pursue or exhaust any of your their rights or remedies with respect to any of the Loan Security therefor, collateral therefor or any direct or indirect Guarantee guarantee thereof. You Neither the Lenders nor the Agent shall not be required to marshal the Loan Credit Security or any Guarantee guarantee of the Loan Credit Obligations or to resort to the Loan Credit Security or any such Guarantee guarantee in any particular order order, and all of your its and their rights hereunder and or under all any other Loan Agreements Credit Document shall be cumulative. The Company hereby agrees to waiveTo the extent it may lawfully do so, and does hereby each Pledgor absolutely and irrevocably waive waives and relinquish relinquishes the benefit and advantage of, and does hereby covenant covenants not to assert against youthe Lenders or the Agent, any valuation, stay, appraisement, extension extension, redemption or redemption similar laws now or hereafter existing or which may hereafter exist which, but for this provision, might be applicable to the sale of any sale Credit Security made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Agreement Agreement, or otherwise based on this Agreement in respect of any Loan Securityotherwise. Without limiting the generality of the foregoing, the Company hereby each 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 your the rights of any Lender or the Agent in the Credit Security, (b) waives its rights under this Agreementall such laws, and hereby waives (c) agrees that it will not invoke or raise as a defense to any enforcement by any Lender or the sameAgent of any rights and remedies relating to the Credit Security or the Credit Obligations any legal or contractual requirement with which any Lender or the Agent may have in good faith failed to comply. In addition, the Company hereby each Pledgor waives any right to prior notice (except to the extent expressly provided in required by this Agreement) or judicial hearing in connection with the taking possession foreclosure on or the disposition of any of the Loan Credit Security, including without limitation any such right which the Company such Pledgor 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 youthereof or any other jurisdiction.