Common use of Marshalling; Additional Waiver Clause in Contracts

Marshalling; Additional Waiver. Each of the Trustee and the Subordinated Creditor hereby waives to the fullest extent permitted by applicable law any rights such Person may have under applicable law to assert or otherwise to claim the benefit of, any marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect to the assets of any Grantor for the benefit of the Trustee or such Subordinated Creditor. Each of the Trustee and the Subordinated Creditor expressly waives all notice of the acceptance by the Senior Agent and the Senior Creditors of the subordination and other terms and provisions of this Agreement and all the notices whatsoever not specifically required pursuant to the terms of this Agreement or under the UCC in connection with any foreclosure on or sale of property of any of the Grantors and each of the Trustee and the Subordinated Creditor expressly consents to reliance by the Senior Agent and the other Senior Creditors upon the subordination and other terms and provisions of this Agreement.

Appears in 3 contracts

Samples: Recapitalization Agreement (Singapore Technologies Telemedia Pte LTD), Subordination and Intercreditor Agreement (Global Crossing LTD), Recapitalization Agreement (Global Crossing LTD)

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Marshalling; Additional Waiver. Each of the Trustee Subordinated Agent and the Subordinated Creditor hereby waives to the fullest extent permitted by applicable law any rights such Person may have under applicable law to assert the doctrine of marshalling or otherwise to claim the benefit of, require Senior Agent or any marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect Senior Creditor to the assets mxxxxxxx any Property of any Grantor Obligor for the benefit of the Trustee Subordinated Agent or such Subordinated Creditor. Each of the Trustee Subordinated Agent and the Subordinated Creditor each expressly waives all notice of the acceptance by the Senior Agent and the Senior Creditors of the subordination and other terms and provisions of this Agreement and all the notices whatsoever not specifically required pursuant to the terms of this Agreement or under the UCC in connection with any foreclosure on or sale of property Property of any of the Grantors Obligors and each of the Trustee Subordinated Agent and the Subordinated Creditor expressly consents to reliance by the Senior Agent and the other Senior Creditors upon the subordination and other terms and provisions of this Agreement.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Terremark Worldwide Inc)

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