Common use of Waiver of Marshaling of Assets Clause in Contracts

Waiver of Marshaling of Assets. To the fullest extent each Borrower or ASC may legally do so, each such Person waives all rights to a marshaling of the assets of such Person, its partners, if any, and others with interests in such Person, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshaling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of the Lender under the Loan Documents to a sale of the Collateral for the collection of the Secured Obligations without any prior or different resort for collection, of the right of the Lender to the payment of the Secured Obligations out of the net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, each Borrower and ASC each, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the Liens, any equitable right otherwise available to each Borrower or ASC which would require the separate sale of the Collateral or the Lender to exhaust its remedies against any part of the Collateral before proceeding against any other part or parts thereof; and further in the event of such foreclosure each Borrower and ASC do hereby expressly consent to and authorize, at the option of the Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Waiver of Marshaling of Assets. To the fullest extent each the Borrower or ASC may legally do so, each such Person the Borrower waives all rights to a marshaling marshalling of the assets of such Personthe Borrower, its partnersowners, if any, and others with interests in such Person, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshaling marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of the Lender under the Loan Documents to a sale of the Pledged Collateral for the collection of the Secured Obligations Debt without any prior or different resort for collection, of the right of the Lender to the payment of the Secured Obligations Debt out of the net proceeds of the Pledged Collateral or any interest therein in preference to every other claimant whatsoever. In addition, each Borrower and ASC eachthe Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the Liens, any equitable right otherwise available to each the Borrower or ASC which would require the separate sale of the Pledged Collateral or require the Lender to exhaust its remedies against any part of the Pledged Collateral before proceeding against any other part or parts thereof; and further in the event of such foreclosure each the Borrower and ASC do does hereby expressly consent to and authorize, at the option of the Lender, the foreclosure and sale either separately or together of any or all of the Pledged Collateral.

Waiver of Marshaling of Assets. To the fullest extent each Borrower or ASC may legally do so, each such Person Borrower waives all rights to a marshaling marshalling of the assets of such PersonBorrower, its partnersowners, if any, and others with interests in such Person, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshaling marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of the Subordinate Lender under the Loan Documents to a sale of the Collateral for the collection of the Secured Obligations Indebtedness evidenced hereby without any prior or different resort for collection, of the right of the Subordinate Lender to the payment of the Secured Obligations Indebtedness evidenced hereby out of the net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, each Borrower and ASC eachBorrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the Liens, any equitable right otherwise available to each such Borrower or ASC which would require the separate sale of the Collateral or the require Subordinate Lender to exhaust its remedies against any part of the Collateral before proceeding against any other part or parts thereof; and further in the event of such foreclosure each Borrower and ASC do does hereby expressly consent to and authorize, at the option of the Subordinate Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Waiver of Marshaling of Assets. To the fullest extent each Borrower or ASC Debtor may legally do so, each such Person Debtor waives all rights to a marshaling marshalling of the assets of such PersonDebtor, its partnersowners, if any, and others with interests in such Person, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshaling marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of the Lender Administrative Agent under the Loan Documents to a sale of the Collateral for the collection of the Secured Obligations Indebtedness evidenced hereby without any prior or different resort for collection, of the right of the Lender Administrative Agent to the payment of the Secured Obligations Indebtedness evidenced hereby out of the net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, each Borrower and ASC eachDebtor, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the Liens, any equitable right otherwise available to each Borrower or ASC such Debtor which would require the separate sale of the Collateral or require the Lender Administrative Agent to exhaust its remedies against any part of the Collateral before proceeding against any other part or parts thereof; and further in the event of such foreclosure each Borrower and ASC do Debtor does hereby expressly consent to and authorize, at the option of the LenderAdministrative Agent (acting at the written direction of the Required Lenders), the foreclosure and sale either separately or together of any or all of the Collateral.

Waiver of Marshaling of Assets. To the fullest extent each Borrower or ASC Debtor may legally do so, each such Person Debtor waives all rights to a marshaling marshalling of the assets of such PersonDebtor, its partnersowners, if any, and others with interests in such Person, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshaling marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of the Lender Administrative Agent under the Loan Documents to a sale of the Collateral for the collection of the Secured Obligations Indebtedness evidenced hereby without any prior or different resort for collection, of the right of the Lender Administrative Agent to the payment of the Secured Obligations Indebtedness evidenced hereby out of the net proceeds Net Cash Proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, each Borrower and ASC eachDebtor, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the Liens, any equitable right otherwise available to each Borrower or ASC such Debtor which would require the separate sale of the Collateral or require the Lender Administrative Agent to exhaust its remedies against any part of the Collateral before proceeding against any other part or parts thereof; and further in the event of such foreclosure each Borrower and ASC do Debtor does hereby expressly consent to and authorize, at the option of the LenderAdministrative Agent (acting at the written direction of the Required Lenders), the foreclosure and sale either separately or together of any or all of the Collateral.

Waiver of Marshaling of Assets. To the fullest extent each Borrower or ASC may legally do so, each such Person Borrower waives all rights to a marshaling marshalling of the assets of such PersonBorrower, its partnersowners, if any, and others with interests in such Person, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshaling marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of the GSSIF Senior Lender under the Loan Documents to a sale of the Collateral for the collection of the Secured Obligations Indebtedness evidenced hereby without any prior or different resort for collection, of the right of the GSSIF Senior Lender to the payment of the Secured Obligations Indebtedness evidenced hereby out of the net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, each Borrower and ASC eachBorrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the Liens, any equitable right otherwise available to each such Borrower or ASC which would require the separate sale of the Collateral or the require GSSIF Senior Lender to exhaust its remedies against any part of the Collateral before proceeding against any other part or parts thereof; and further in the event of such foreclosure each Borrower and ASC do does hereby expressly consent to and authorize, at the option of the GSSIF Senior Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Waiver of Marshaling of Assets. To the fullest extent each Borrower or ASC may legally do so, each such Person Borrower waives all rights to a marshaling marshalling of the assets of such PersonBorrower, its partnersowners, if any, and others with interests in such Person, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshaling marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of the NT Senior Lender under the Loan Documents to a sale of the Collateral for the collection of the Secured Obligations Indebtedness evidenced hereby without any prior or different resort for collection, of the right of the NT Senior Lender to the payment of the Secured Obligations Indebtedness evidenced hereby out of the net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, each Borrower and ASC eachBorrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the Liens, any equitable right otherwise available to each such Borrower or ASC which would require the separate sale of the Collateral or the require NT Senior Lender to exhaust its remedies against any part of the Collateral before proceeding against any other part or parts thereof; and further in the event of such foreclosure each Borrower and ASC do does hereby expressly consent to and authorize, at the option of the NT Senior Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Waiver of Marshaling of Assets. To the fullest extent each ------------------------------ Borrower or ASC may legally do so, each such Person Borrower waives all rights to a marshaling of the assets of such Person, its partners, if any, and others with interests in such Person, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshaling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lenders or the Lender Agent on behalf of the Lenders under the Loan Documents to a sale of the Pledged Collateral for the collection of the Secured Obligations Debt without any prior or different resort for collection, of the right of the Lender Lenders to the payment of the Secured Obligations Debt out of the net proceeds of the Pledged Collateral or any interest therein in preference to every other claimant whatsoever. In addition, each Borrower and ASC each, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the Liens, any equitable right otherwise available to each Borrower or ASC which would require the separate sale of the Pledged Collateral or require Agent or the Lender Lenders to exhaust its remedies against any part of the Pledged Collateral before proceeding against any other part or parts thereof; and further in the event of such foreclosure each Borrower and ASC do does hereby expressly consent to and authorize, at the option of the LenderAgent on behalf of the Lenders, the foreclosure and sale either separately or together of any or all of the Pledged Collateral.