Common use of Marshaling, etc Clause in Contracts

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. Neither the Agent nor the Buyers Lenders shall --------------- be required to make any demand upon, or pursue or exhaust any of their rights or remedies against, the Pledgor 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 Buyers 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 Transaction Credit Document shall be cumulative. To the extent it may lawfully do so, each of the Pledgor Obligors absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Agent or the BuyersLenders, 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 Pledgor 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 Buyer Lender 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 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 Buyer Lender may have in good faith failed to comply. In addition, each of the Pledgor 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 the Pledgor such Obligor would otherwise have under the Constitution of the United States of America, any state or territory thereof or any other jurisdiction.. 100

Marshaling, etc. Neither the Collateral Agent nor the Buyers Lenders nor the Noteholders shall be required to make any demand upon, or pursue or exhaust any of their rights or remedies against, the Pledgor any Obligor or any other guarantor, pledgor or any other Person with respect to the payment of the Credit Secured 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 Collateral Agent nor the Buyers Lenders nor the Noteholders shall be required to marshal the Credit Security or any guarantee of the Credit Secured Obligations or to resort to the Credit Security or any such guarantee in any particular order, and all of its and their rights hereunder hereunder, or under any other Transaction Secured Credit Document shall be cumulative. To the extent it may lawfully do so, the Pledgor each Obligor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Agent Collateral Agent, the Lenders or the BuyersNoteholders, 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 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 Collateral Agent, any Lender or any Buyer Noteholder 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 Collateral Agent, any Lender or any Buyer Noteholder of any rights and remedies relating to the Credit Security or the Credit Secured Obligations any legal or contractual requirement with which the Agent Collateral Agent, any Lender or any Buyer Noteholder may have in good faith failed to comply. In addition, the Pledgor each Obligor 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 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. Neither the Agent nor the Buyers The Lender shall not be required to make any demand upon, or pursue or exhaust any of their its 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 its rights or remedies with respect to any collateral therefor or any direct or indirect guarantee thereof. Neither the Agent nor the Buyers The Lender shall not be required to marshal the Credit Security Collateral or any guarantee of the Credit Obligations or to resort to the Credit Security Collateral or any such guarantee in any particular order, and all of its and their rights hereunder or under any other Transaction Document the Note shall be cumulative. To the extent it may lawfully do so, the each Pledgor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Agent or the BuyersLender, 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 Collateral 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 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 the rights of the Agent or any Buyer Lender in the Credit SecurityCollateral, (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 Lender of any rights and remedies relating to the Credit Security Collateral or the Credit Obligations any legal or contractual requirement with which the Agent or any Buyer Lender may have in good faith failed to comply. In addition, the each 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 SecurityCollateral, including any such right which the such Pledgor 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 Buyers Lenders shall be --------------- required to make any demand upon, or pursue or exhaust any of their rights or remedies against, the Pledgor 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 Buyers 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 Transaction Credit Document shall be cumulative. To the extent it may lawfully do so, each of the Pledgor Obligors absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Agent or the BuyersLenders, 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 Pledgor 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 Buyer Lender 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 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 Buyer Lender may have in good faith failed to comply. In addition, each of the Pledgor 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 the Pledgor 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. Neither the Agent nor the Buyers Holders shall be required to make any demand upon, or pursue or exhaust any of their rights or remedies against, the Pledgor 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 Buyers Holders 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 Credit Document shall be cumulative. To the extent it may lawfully do so, the Pledgor each Obligor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Agent or the BuyersHolders, 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 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 Buyer Holder 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 Holder 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 Holder may have in good faith failed to comply. In addition, the Pledgor each Obligor 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 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. Neither the Agent nor the Buyers Lenders shall be required to make any demand upon, or pursue or exhaust any of their rights or remedies against, the Pledgor 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 Buyers 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 Transaction Credit Document shall be cumulative. To the extent it may lawfully do so, the Pledgor each Obligor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Agent or the BuyersLenders, 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 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 Buyer Lender 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 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 Buyer Lender may have in good faith failed to comply. In addition, the Pledgor each Obligor waives any right to prior notice (except to the extent expressly required by this AgreementAgreement or by law) or judicial hearing in connection with foreclosure on or disposition of any Credit Security, including any such right which the Pledgor 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. Neither the Collateral Agent nor the Buyers Lenders shall be required to make any demand upon, or pursue or exhaust any of their rights or remedies against, the Pledgor 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 Collateral Agent nor the Buyers 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 Transaction Credit Document shall be cumulative. To the extent it may lawfully do so, each of the Pledgor Obligors absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Collateral Agent or the BuyersLenders, 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 Pledgor 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 Collateral Agent or any Buyer Lender 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 Collateral Agent or any Buyer Lender of any rights and remedies relating to the Credit Security or the Credit Obligations any legal or contractual requirement with which the Collateral Agent or any Buyer Lender may have in good faith failed to comply. In addition, each of the Pledgor 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 the Pledgor 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. Neither the Agent nor the Buyers No Secured Party 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 Secured 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 No Secured Party shall be required to marshal the Credit Security or any guarantee of the Credit Secured 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 Loan Document or other Secured 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 BuyersSecured Parties, 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 the 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 Security Trustee or any Buyer Secured Party 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 Security Trustee or any Buyer Secured Party of any rights and remedies relating to the Credit Security or the Credit Secured Obligations any legal or contractual requirement with which the Agent Security Trustee or any Buyer Secured Party 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 the 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.