Common use of Marshaling, etc Clause in Contracts

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, 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 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, the Pledgor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Managing 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, the Pledgor (a) agrees that it will not invoke or utilize any law which might prevent, cause a delay

Marshaling, etc. Neither the Managing Agent nor the Lenders 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 Managing Agent nor the Lenders 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 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 Managing Agent or the LendersHolders, 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 delaydelay in or otherwise impede the enforcement of the rights of the Agent or any Holder in the Credit Security,

Marshaling, etc. Neither The Debtor shall, upon the Managing Agent nor Secured Party's request, assemble the Lenders 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 their its rights or remedies against, the Pledgor Debtor, or any other guarantor, pledgor or any other Person person or entity with respect to the payment and performance of the Credit Obligations Note or to pursue or exhaust any of their its rights or remedies with respect to any of the collateral therefor or any direct or indirect guarantee thereof. Neither the Managing Agent nor the Lenders The Secured Party shall not be required to marshal the Credit Security or any guarantee of the Credit Obligations Note 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, the Pledgor The Debtor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Managing Agent or the LendersSecured 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 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 foregoingforegoing and except as otherwise provided in this Agreement, the Pledgor (a) Debtor agrees that it will not invoke or utilize raise as a defense to any law 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 might preventthe Secured Party may have in good faith failed to comply, cause a delaythe 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 Managing Agent nor the 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 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, the Pledgor each Obligor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Managing 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, the Pledgor each Obligor (a) agrees that it will not invoke or utilize any law which might prevent, cause a delaydelay 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

Marshaling, etc. Neither the Managing Agent nor the Lenders shall be required to make any demand upon, or pursue or exhaust any of their its rights or remedies against, the Pledgor Company 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 thereofthereof or insurance with respect thereto. 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, the Pledgor Company absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Managing 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, the Pledgor Company (a) agrees that it will not invoke or utilize any law which might prevent, cause a delaydelay in or otherwise impede the enforcement of the rights of the Agent or the Lenders 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 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 waives any right to prior notice (except to the extent expressly required by Section 2.4.4 or the other provisions of this Agreement) or judicial hearing in connection with foreclosure on or disposition of any Credit Security, including any such right which the Company 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 Managing Agent nor the Lenders 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 Managing Agent nor the Lenders 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 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 Managing Agent or the LendersHolders, 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 delaydelay in or otherwise impede the enforcement of the rights of the Agent or any 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 Holder of any rights and remedies relating to the Credit Security or the Obligations any legal or contractual requirement with which the Agent or any Holder may have in good faith failed to comply. In addition, 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 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 Managing Agent nor the 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 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, the Pledgor each Obligor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Managing 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, the Pledgor each Obligor (a) agrees that it will not invoke or utilize any law which might prevent, cause a delaydelay 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 Obligor waives any right to prior notice (except to the extent expressly required by this Agreement or by law) 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. Neither the Managing Agent nor the Lenders 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 Managing Agent nor the Lenders 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 Credit 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 Managing Agent or the LendersBuyers, 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 delaydelay 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.