Common use of Marshaling Clause in Contracts

Marshaling. Neither the Collateral Agent nor any other Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Obligations or the Guaranteed Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Agent or any other Secured Party hereunder and of the Collateral Agent or any other Secured Party in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any of the Collateral Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Obligations or under which any of the Obligations or the Guaranteed Obligations is outstanding or by which any of the Obligations or the Guaranteed Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Term Loan Agreement (Cinedigm Digital Cinema Corp.), Guaranty, Pledge and Security Agreement (Cinedigm Digital Cinema Corp.)

Marshaling. Neither the Collateral Agent nor any other Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Obligations or the Guaranteed Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Agent or any other Secured Party hereunder and of the Collateral Agent or any other Secured Party in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party Grantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any of the Collateral Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Obligations or under which any of the Obligations or the Guaranteed Obligations is outstanding or by which any of the Obligations or the Guaranteed Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Guaranty and Security Agreement (Talbots Inc), Guaranty and Security Agreement (Talbots Inc)

Marshaling. Neither the Collateral Agent nor any other Senior Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Obligations or the Guaranteed Senior Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Agent or any other Senior Secured Party hereunder and of the Collateral Agent or any other Senior Secured Party in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party Grantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in in, or impede the enforcement of any of of, the Collateral Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Senior Obligations or under which any of the Obligations or the Guaranteed Senior Obligations is outstanding or by which any of the Obligations or the Guaranteed Senior Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (Kaman Corp), Security Agreement (Kaman Corp)

Marshaling. Neither the Collateral Agent nor any other Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) foror other assets for or against, or other assurances of payment of, the Obligations or the Guaranteed Obligations or any of them or to resort to such collateral security security, other assets or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Agent or any other Secured Party Parties hereunder and of the Collateral Agent or any other Secured Party Parties in respect of such collateral security security, other assets and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party Guarantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any of the Collateral Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Obligations or under which any of the Obligations or the Guaranteed Obligations is outstanding or by which any of the Obligations or the Guaranteed Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Guaranty and Security Agreement (Capital Park Holdings Corp.), Guaranty and Security Agreement

Marshaling. Neither the Collateral Administrative Agent nor any other Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Obligations or the Guaranteed Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Administrative Agent or any other Secured Party hereunder and of the Collateral Administrative Agent or any other Secured Party in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party Grantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any of the Collateral Administrative Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Obligations or under which any of the Obligations or the Guaranteed Obligations is outstanding or by which any of the Obligations or the Guaranteed Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (Alexion Pharmaceuticals Inc), Security Agreement (Alexion Pharmaceuticals Inc)

Marshaling. Neither the Collateral Agent nor any other Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) foror other assets for or against, or other assurances of payment of, the Obligations or the Guaranteed Obligations or any of them or to resort to such collateral security security, other assets or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Agent or any other Secured Party Parties hereunder and of the Collateral Agent or any other Secured Party Parties in respect of such collateral security security, other assets and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party Guarantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any of the Collateral Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Obligations or under which any of the Obligations or the Guaranteed Obligations is outstanding or by which any of the Obligations or the Guaranteed Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party Guarantor hereby irrevocably waives the benefits of all such laws.. [signatures begin on next page]

Appears in 1 contract

Sources: Loan Agreement (Phi Inc)

Marshaling. Neither the Collateral Agent Agents nor any other Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Obligations or the Guaranteed Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Agent or any other Secured Party Parties hereunder and of the Collateral Agent or any other Secured Party Parties in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party Guarantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any of the Collateral Agent’s rights and remedies under this Agreement Guarantee or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Obligations or under which any of the Obligations or the Guaranteed Obligations is outstanding or by which any of the Obligations or the Guaranteed Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Guarantee Agreement (Fiesta Restaurant Group, Inc.)

Marshaling. Neither the Collateral Administrative Agent nor any other Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Obligations or the Guaranteed Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Administrative Agent or any other Secured Party hereunder and of the Collateral Administrative Agent or any other Secured Party in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party Grantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in in, or impede the enforcement of any of of, the Collateral Administrative Agent’s 's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Secured Obligations or under which any of the Obligations or the Guaranteed Secured Obligations is outstanding or by which any of the Obligations or the Guaranteed Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Kaman Corp)

Marshaling. Neither the Collateral Agent nor any other Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Obligations or the Guaranteed Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Agent or any other Secured Party hereunder and of the Collateral Agent or any other Secured Party in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party Grantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any of the Collateral Agent’s 's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Obligations or under which any of the Obligations or the Guaranteed Obligations is outstanding or by which any of the Obligations or the Guaranteed Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Guaranty and Security Agreement (Talbots Inc)

Marshaling. Neither None of the Administrative Agent, Collateral Agent nor or any other Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Obligations or the Guaranteed Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Agent or any other Secured Party Parties hereunder and of the Collateral Agent or any other Secured Party Parties in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party Guarantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any of the Collateral Administrative Agent’s rights and remedies under this Agreement Guarantee or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Obligations or under which any of the Obligations or the Guaranteed Obligations is outstanding or by which any of the Obligations or the Guaranteed Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Intercreditor Agreement (Evolent Health, Inc.)

Marshaling. Neither the Collateral Agent Lender nor any other Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Obligations or the Guaranteed Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Agent Lender or any other Secured Party hereunder and of the Collateral Agent Lender or any other Secured Party in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party the Company hereby agrees that it will not invoke any law Law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any of the Collateral AgentLender’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Secured Obligations or under which any of the Obligations or the Guaranteed Secured Obligations is outstanding or by which any of the Obligations or the Guaranteed Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party the Company hereby irrevocably waives the benefits of all such lawsLaws.

Appears in 1 contract

Sources: Cash Collateral Agreement (Spark Therapeutics, Inc.)

Marshaling. Neither the Collateral No Agent nor any other Secured Party shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Obligations or the Guaranteed Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Agent or any other Secured Party Parties hereunder and of the Collateral Agent or any other Secured Party Parties in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party Guarantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any of the Collateral Administrative Agent’s rights and remedies under this Agreement Guarantee or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Obligations or under which any of the Obligations or the Guaranteed Obligations is outstanding or by which any of the Obligations or the Guaranteed Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Guarantee Agreement (Evolent Health, Inc.)

Marshaling. Neither the Collateral Agent nor any other Secured Party Bank nor any Noteholder shall be required to marshal any present or future collateral security (including but not limited to the Collateral) for, or other assurances of payment of, the Obligations or the Guaranteed Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Collateral Agent or any other Secured Party Bank or Noteholder hereunder and of the Collateral Agent or any other Secured Party Bank or Noteholder in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, each Loan Party Obligor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of any of the Collateral Agent’s 's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or the Guaranteed Obligations or under which any of the Obligations or the Guaranteed Obligations is outstanding or by which any of the Obligations or the Guaranteed Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Loan Party Obligor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Sypris Solutions Inc)