Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor for itself and for any Person who may claim through or under it hereby: (a) agrees that neither it nor any such Person shall step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof; (b) waives all benefit or advantage of any such laws; (c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreement; and (d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Fat Brands, Inc), Guarantee and Collateral Agreement (Fat Brands, Inc), Guarantee and Collateral Agreement (Fat Brands, Inc)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Driven Brands Holdings Inc.), Guarantee and Collateral Agreement (SPRINT Corp), Guarantee and Collateral Agreement (Dunkin' Brands Group, Inc.)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor the Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this the Indenture or the Guarantee and Collateral Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 4 contracts
Samples: Base Indenture (Driven Brands Holdings Inc.), Base Indenture (Yum Brands Inc), Base Indenture (Wingstop Inc.)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Co-Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreementthe Indenture or the Guarantee and Collateral Agreements, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture or the Guarantee and Collateral Agreements; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreementthe Guarantee and Collateral Agreements, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 4 contracts
Samples: Amendment No. 11 to the Amended and Restated Base Indenture (Driven Brands Holdings Inc.), Amendment No. 9 to the Amended and Restated Base Indenture (Driven Brands Holdings Inc.), Base Indenture Amendment (Driven Brands Holdings Inc.)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor the Master Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or Securitized Assets, to the extent permitted by applicable law or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral and/or the Securitized Assets marshaled upon any foreclosure, sale or other enforcement of this the Indenture or the Guarantee and Collateral Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral and all of the Securitized Assets (to the extent permitted by applicable law) may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 3 contracts
Samples: Base Indenture (Planet Fitness, Inc.), Base Indenture (Planet Fitness, Inc.), Base Indenture (Jack in the Box Inc /New/)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreement, (ii) the sale of any of the Collateral or Securitized Assets, to the extent permitted by applicable law or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral and/or the Securitized Assets marshaled upon any foreclosure, sale or other enforcement of this Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreement, all the Collateral and all of the Securitized Assets (to the extent permitted by applicable law) may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Jack in the Box Inc /New/), Guarantee and Collateral Agreement (Planet Fitness, Inc.), Guarantee and Collateral Agreement (Wendy's Co)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor the Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 3 contracts
Samples: Base Indenture (Fat Brands, Inc), Base Indenture (Fat Brands, Inc), Base Indenture (Vale Merger Sub, Inc.)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each the Guarantor for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreement, (ii) the sale of any of the Pledged Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Pledged Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreement, all the Pledged Collateral may at any such sale be sold by the Indenture Trustee as an entirety or in such portions as the Indenture Trustee may (upon direction by the Control Party (acting at the direction of the Aggregate Controlling Class Representative)Party) determine.
Appears in 2 contracts
Samples: Guaranty and Collateral Agreement (Ihop Corp), Guaranty and Collateral Agreement (Ihop Corp)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Co-Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Global G&C Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Global G&C Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 2 contracts
Samples: Sixth Supplement to Amended and Restated Base Indenture (Dominos Pizza Inc), Base Indenture (Dominos Pizza Inc)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Wingstop Inc.), Guarantee and Collateral Agreement (Yum Brands Inc)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Co-Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 2 contracts
Samples: Base Indenture (Dine Brands Global, Inc.), Base Indenture (Dine Brands Global, Inc.)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor the Master Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or Securitized Assets, to the extent permitted by applicable law or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral and/or the Securitized Assets marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral and all of the Securitized Assets (to the extent permitted by applicable law) may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 2 contracts
Samples: Sixth Supplement to Base Indenture (Wendy's Co), Base Indenture (Wendy's Co)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor the Issuereach Co-Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreementthe Indenture or the Guarantee and Collateral AgreementAgreements, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture or the Guarantee and Collateral AgreementAgreements; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreementthe Guarantee and Collateral AgreementAgreements, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Co-Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Samples: Base Indenture (DineEquity, Inc)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each the Guarantor for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Co-Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreementthe Indenture or any G&C Agreements, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreementthe G&C Agreements, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor the Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreementthe Indenture, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this AgreementIndenture, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Samples: Base Indenture (Fat Brands, Inc)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor the Master Issuer for itself and for any Person who may claim through or under it hereby:
: (a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or Securitized Assets, to the extent permitted by applicable law or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
; (b) waives all benefit or advantage of any such laws;
; (c) waives and releases all rights to have the Collateral and/or the Securitized Assets marshaled upon any foreclosure, sale or other enforcement of this the Indenture or the Guarantee and Collateral Agreement; and
and (d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral and all of the Securitized Assets (to the extent permitted by applicable law) may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreement, (ii) the sale of any of the Collateral or Securitized Assets, to the extent permitted by applicable law or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral and/or the Securitized Assets marshaled upon any foreclosure, sale or other enforcement of this Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of this Agreement and the Base Indenture and this AgreementIndenture, all the Collateral and all of the Securitized Assets (to the extent permitted by applicable law) may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (European Wax Center, Inc.)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor the Master Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each the Guarantor for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)Party) determine.
Appears in 1 contract
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Co-Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the G&C Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the G&C Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)Party) determine.
Appears in 1 contract
Samples: Base Indenture (Sonic Corp)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Co-Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreementthe Indenture, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this AgreementIndenture, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)Party) determine.
Appears in 1 contract
Samples: Base Indenture (Nuco2 Inc /Fl)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Co-Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Global G&C Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Global G&C Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)Party) determine.
Appears in 1 contract
Samples: Base Indenture (Dominos Pizza Inc)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)Party) determine.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Dominos Pizza Inc)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor the Master Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or Securitized Assets, to the extent permitted by applicable law or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral and/or the Securitized Assets marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral and all of the Securitized Assets (to the extent permitted by applicable law) may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Samples: Base Indenture (Wendy's Co)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor the Master Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or Securitized Assets, to the extent permitted by applicable law or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral and/or the Securitized Assets marshaled upon any foreclosure, sale or other enforcement of this the Indenture or the Guarantee and Collateral Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral and all of the Securitized Assets (to the extent permitted by applicable law) may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor the Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreementthe Indenture, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this AgreementIndenture, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Samples: Base Indenture (Fat Brands, Inc)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Co-Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this the Indenture or the Guarantee and Collateral Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the Guarantee and Collateral Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this the Indenture or the Guarantee and Collateral Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the Guarantee and Collateral Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Samples: Base Indenture (SPRINT Corp)
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Co-Issuer for itself and for any Person who may claim through or under it hereby:
: (a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreementthe Indenture or the Guarantee and Collateral Agreements, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
; (b) waives all benefit or advantage of any such laws;
; (c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture or the Guarantee and Collateral Agreements; and
and (d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreementthe Guarantee and Collateral Agreements, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each the Guarantor for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreement; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Waiver of Appraisal, Valuation, Stay and Right to Marshaling. To the extent it may lawfully do so, each Guarantor Co-Issuer for itself and for any Person who may claim through or under it hereby:
(a) agrees that neither it nor any such Person shall will step up, plead, claim or in any manner whatsoever take advantage of any appraisal, valuation, stay, extension or redemption laws, now or hereafter in force in any jurisdiction, which may delay, prevent or otherwise hinder (i) the performance, enforcement or foreclosure of this the Indenture or the G&C Agreement, (ii) the sale of any of the Collateral or (iii) the putting of the purchaser or purchasers thereof into possession of such property immediately after the sale thereof;
(b) waives all benefit or advantage of any such laws;
(c) waives and releases all rights to have the Collateral marshaled upon any foreclosure, sale or other enforcement of this Agreementthe Indenture; and
(d) consents and agrees that, subject to and in accordance with the terms of the Base Indenture and this the G&C Agreement, all the Collateral may at any such sale be sold by the Trustee as an entirety or in such portions as the Trustee may (upon direction by the Control Party (acting at the direction of the Controlling Class Representative)) determine.
Appears in 1 contract
Samples: Base Indenture (Sonic Corp)