Common use of Marshalling Clause in Contracts

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

Appears in 4 contracts

Samples: Revolving Credit and Acquisition Loan Agreement (Jackson Products Inc), Stock Pledge Agreement (Jackson Products Inc), Stock Pledge Agreement (Jackson Products Inc)

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

Appears in 4 contracts

Samples: Revolving Credit and Term Loan Agreement (Genrad Inc), Term Loan Agreement (Bangor Hydro Electric Co), Security Agreement (Stride & Associates Inc)

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

Appears in 3 contracts

Samples: Security Agreement (Cmgi Inc), Security Agreement (CMG Information Services Inc), Security Agreement (National Auto Finance Co Inc)

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

Appears in 2 contracts

Samples: Revolving Credit and Acquisition Loan Agreement (Jackson Products Inc), Security Agreement (Jackson Products Inc)

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

Appears in 2 contracts

Samples: Loan Agreement (Metallurg Inc), Security Agreement (Morgan Group Inc)

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

Appears in 1 contract

Samples: Revolving Loan Agreement (Aspect Medical Systems Inc)

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

Appears in 1 contract

Samples: Security Agreement (CMG Information Services Inc)

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

Appears in 1 contract

Samples: Security Agreement (Nationsrent Inc)

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

Appears in 1 contract

Samples: Security Agreement (Transtechnology Corp)

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

Appears in 1 contract

Samples: Stock Pledge Agreement (CMG Information Services Inc)

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

Appears in 1 contract

Samples: Stock Pledge Agreement (Wichita Manufacturing Inc)

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