Common use of Marshalling Clause in Contracts

Marshalling. No holder of a Note shall be under any obligation: (a) to marshal any assets in favor of the Parent Guarantor or in payment of any or all of the liabilities of the Issuer under or in respect of the Notes and this Agreement or the obligations of the Parent Guarantor hereunder or (b) to pursue any other remedy that the Parent Guarantor may or may not be able to pursue itself and that may lighten the Parent Guarantor’s burden, any right to which the Parent Guarantor hereby expressly waives.

Appears in 11 contracts

Samples: Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.), Note and Guaranty Agreement (Americold Realty Trust), Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.)

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Marshalling. No holder of a Note the Notes shall be under any obligation: (a) to marshal any assets in favor of the Parent Guarantor or in payment of any or all of the liabilities of the Issuer Company under or in respect of the Notes and this Agreement or the obligations of the Parent Guarantor hereunder or (b) to pursue any other remedy that the Parent Guarantor may or may not be able to pursue itself and that may lighten the Parent Guarantor’s burden, any right to which the Parent Guarantor hereby expressly waives.

Appears in 7 contracts

Samples: Note Purchase and Guaranty Agreement (Hawaiian Electric Co Inc), Note Purchase and Guaranty Agreement (Hawaiian Electric Co Inc), Note Purchase and Guaranty Agreement (Hawaiian Electric Industries Inc)

Marshalling. No holder of a Note the Notes shall be under any obligation: (a) to marshal any assets in favor of the Parent Guarantor or in payment of any or all of the liabilities of the Issuer under or in respect of the Notes and this Agreement or the obligations of the Parent Guarantor hereunder or (b) to pursue any other remedy that the Parent Guarantor may or may not be able to pursue itself and that may lighten the Parent Guarantor’s burden, any right to which the Parent Guarantor hereby expressly waives.

Appears in 2 contracts

Samples: Note Purchase Agreement (Brandywine Realty Trust), Note Purchase Agreement (Brandywine Operating Partnership Lp /Pa)

Marshalling. No holder of a Note shall be under any obligation: (a) to marshal any assets in favor of the Parent Guarantor or in payment of any or all of the liabilities of the Issuer Company under or in respect of the Notes and this Agreement or the obligations of the Parent Guarantor hereunder or (b) to pursue any other remedy that the Parent Guarantor may or may not be able to pursue itself and that may lighten the Parent Guarantor’s burden, any right to which the Parent Guarantor hereby expressly waives.

Appears in 1 contract

Samples: Note Purchase Agreement (Sotherly Hotels Lp)

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Marshalling. No holder None of a Note the holders of the Notes shall be under any obligation: obligation (a) to marshal marshall any assets in favor of the any Parent Guarantor or in payment of any or ox xxx xx all of the liabilities of the Issuer Company under or in respect of the Notes and this Agreement or the obligations obligation of the any Parent Guarantor hereunder or (b) to pursue any other remedy that the any Parent Guarantor may or may not be able to pursue itself and that may lighten the lessen any Parent Guarantor’s burden, 's burden or any right to which the each Parent Guarantor hereby expressly waives.

Appears in 1 contract

Samples: Note Purchase Agreement (Chateau Communities Inc)

Marshalling. No holder None of a Note the holders of the Notes shall be under any obligation: obligation (a) to marshal any assets in favor of the Parent Guarantor Issuer or in payment of any or all of the liabilities of the Issuer Company under or in respect of the Notes and this Agreement or the obligations obligation of the Parent Guarantor Notes hereunder or (b) to pursue any other remedy that the Parent Guarantor Issuer may or may not be able to pursue itself and that may lighten lessen the Parent GuarantorIssuer’s burden, burden or any right to which the Parent Guarantor Issuer hereby expressly waives.

Appears in 1 contract

Samples: Note Purchase and Guaranty Agreement (Teledyne Technologies Inc)

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