Common use of Marshaling of Assets Clause in Contracts

Marshaling of Assets. The Notes Collateral Agent hereby waives any and all rights to have the Moriah Senior Collateral, or any part thereof, marshaled upon any foreclosure of any of Moriah's liens thereon or with respect to any other Enforcement Action by Moriah. Moriah hereby waives any and all rights to have the Noteholder Senior Collateral, or any part thereof, marshaled upon any foreclosure of the Notes Collateral Agent's liens thereon or with respect to any other Enforcement Action by the Notes Collateral Agent. If any Claim is now or hereafter secured by collateral other than the Collateral described hereunder, the Party holding such collateral shall have no obligation to marshal such collateral before enforcing its rights in the Collateral hereunder, and the other Party shall have no rights hereunder to share or participate in any proceeds of such other collateral. Each Party shall have the right, subject to Section 2.3, to take Enforcement Action against Collateral in such order, or in whole or in part, and subject to such conditions as such Enforcing Party determines in its sole discretion.

Marshaling of Assets. The Notes Collateral Moriah, the Agent and the Lenders hereby waives waive any and all rights to have the Moriah TAB Senior Collateral, or any part thereof, marshaled upon any foreclosure of any of Moriah's TAB’s liens thereon or with respect to any other Enforcement Action by MoriahTAB. TAB, Moriah and the Agent (on behalf of the Noteholders) hereby waives waive any and all rights to have the Noteholder Lender Senior Collateral, or any part thereof, marshaled upon any foreclosure of the Notes Collateral Agent's Lenders’ liens thereon or with respect to any other Enforcement Action by the Notes Collateral AgentLenders. If any Claim is now or hereafter secured by collateral other than the Collateral described hereunder, the Party holding such collateral shall have no obligation to marshal such collateral before enforcing its rights in the Collateral hereunder, and the other Party Parties shall have no rights hereunder to share or participate in any proceeds of such other collateral. Each Party shall have the right, subject to Section 2.3, to take Enforcement Action against Collateral in such order, or in whole or in part, and subject to such conditions as such Enforcing Party determines in its sole discretion.