Common use of Waiver of Marshaling of Assets Clause in Contracts

Waiver of Marshaling of Assets. To the fullest extent Borrower may legally do so, Borrower waives all rights to a marshalling of the assets of Borrower, its owners, 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 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 GSSIF Senior Lender under the Loan Documents to a sale of the Collateral for the collection of the Indebtedness evidenced hereby without any prior or different resort for collection, of the right of GSSIF Senior Lender to the payment of the Indebtedness evidenced hereby out of the net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, 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 such Borrower which would require the separate sale of the Collateral or 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 Borrower does hereby expressly consent to and authorize, at the option of GSSIF Senior Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Appears in 1 contract

Samples: Senior Loan Agreement

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Waiver of Marshaling of Assets. To the fullest extent the Borrower may legally do so, the Borrower waives all rights to a marshalling of the assets of the Borrower, its owners, 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 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 GSSIF Senior the Lender under the Loan Documents to a sale of the Pledged Collateral for the collection of the Indebtedness evidenced hereby Debt without any prior or different resort for collection, of the right of GSSIF Senior the Lender to the payment of the Indebtedness evidenced hereby Debt out of the net proceeds of the Pledged Collateral or any interest therein in preference to every other claimant whatsoever. In addition, the 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 such the Borrower which would require the separate sale of the Pledged Collateral or require GSSIF Senior 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 the Borrower does hereby expressly consent to and authorize, at the option of GSSIF Senior the Lender, the foreclosure and sale either separately or together of any or all of the Pledged Collateral.

Appears in 1 contract

Samples: Loan Agreement (BRT Realty Trust)

Waiver of Marshaling of Assets. To the fullest extent Borrower Debtor may legally do so, Borrower Debtor waives all rights to a marshalling of the assets of BorrowerDebtor, its owners, 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 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 GSSIF Senior Lender the Administrative Agent under the Loan Documents to a sale of the Collateral for the collection of the Indebtedness evidenced hereby without any prior or different resort for collection, of the right of GSSIF Senior Lender the Administrative Agent to the payment of the Indebtedness evidenced hereby out of the net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, BorrowerDebtor, 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 such Borrower Debtor which would require the separate sale of the Collateral or require GSSIF Senior Lender the 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 Borrower Debtor does hereby expressly consent to and authorize, at the option of GSSIF Senior Lenderthe Administrative 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.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Advanced Emissions Solutions, Inc.)

Waiver of Marshaling of Assets. To the fullest extent ------------------------------ Borrower may legally do so, Borrower waives all rights to a marshalling marshaling of the assets of Borrowersuch Person, its ownerspartners, 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 marshalling 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 GSSIF Senior Lender Lenders or the Agent on behalf of the Lenders under the Loan Documents to a sale of the Pledged Collateral for the collection of the Indebtedness evidenced hereby Debt without any prior or different resort for collection, of the right of GSSIF Senior Lender Lenders to the payment of the Indebtedness evidenced hereby Debt out of the net proceeds of the Pledged Collateral or any interest therein in preference to every other claimant whatsoever. In addition, Borrower, 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 such Borrower which would require the separate sale of the Pledged Collateral or require GSSIF Senior Lender Agent or the 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 Borrower does hereby expressly consent to and authorize, at the option of GSSIF Senior Lenderthe Agent on behalf of the Lenders, the foreclosure and sale either separately or together of any or all of the Pledged Collateral.

Appears in 1 contract

Samples: Credit Agreement (Desert Springs Marriott Limited Partnership)

Waiver of Marshaling of Assets. To the fullest extent Borrower may legally do so, Borrower waives all rights to a marshalling of the assets of Borrower, its owners, 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 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 GSSIF Senior Subordinate Lender under the Loan Documents to a sale of the Collateral for the collection of the Indebtedness evidenced hereby without any prior or different resort for collection, of the right of GSSIF Senior Subordinate Lender to the payment of the Indebtedness evidenced hereby out of the net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, BorrowerXxxxxxxx, 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 such Borrower which would require the separate sale of the Collateral or require GSSIF Senior 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 Borrower does hereby expressly consent to and authorize, at the option of GSSIF Senior Subordinate Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Appears in 1 contract

Samples: Subordinate Loan Agreement

Waiver of Marshaling of Assets. To the fullest extent Borrower Debtor may legally do so, Borrower Debtor waives all rights to a marshalling of the assets of BorrowerDebtor, its owners, 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 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 GSSIF Senior Lender the Administrative Agent under the Loan Documents to a sale of the Collateral for the collection of the Indebtedness evidenced hereby without any prior or different resort for collection, of the right of GSSIF Senior Lender the Administrative Agent to the payment of the 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, BorrowerDebtor, 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 such Borrower Debtor which would require the separate sale of the Collateral or require GSSIF Senior Lender the 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 Borrower Debtor does hereby expressly consent to and authorize, at the option of GSSIF Senior Lenderthe Administrative 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.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Advanced Emissions Solutions, Inc.)

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Waiver of Marshaling of Assets. To the fullest extent Borrower may legally do so, Borrower waives all rights to a marshalling of the assets of Borrower, its owners, 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 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 GSSIF NT Senior Lender under the Loan Documents to a sale of the Collateral for the collection of the Indebtedness evidenced hereby without any prior or different resort for collection, of the right of GSSIF NT Senior Lender to the payment of the Indebtedness evidenced hereby out of the net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, 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 such Borrower which would require the separate sale of the Collateral or require GSSIF 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 Borrower does hereby expressly consent to and authorize, at the option of GSSIF NT Senior Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Appears in 1 contract

Samples: Senior Loan Agreement

Waiver of Marshaling of Assets. To the fullest extent Borrower may legally do so, Borrower waives all rights to a marshalling of the assets of Borrower, its owners, 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 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 GSSIF Senior Subordinate Lender under the Loan Documents to a sale of the Collateral for the collection of the Indebtedness evidenced hereby without any prior or different resort for collection, of the right of GSSIF Senior Subordinate Lender to the payment of the Indebtedness evidenced hereby out of the net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, 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 such Borrower which would require the separate sale of the Collateral or require GSSIF Senior 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 Borrower does hereby expressly consent to and authorize, at the option of GSSIF Senior Subordinate Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Appears in 1 contract

Samples: Subordinate Loan Agreement

Waiver of Marshaling of Assets. To the fullest extent each Borrower or ASC may legally do so, Borrower each such Person waives all rights to a marshalling marshaling of the assets of Borrowersuch Person, its ownerspartners, 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 marshalling 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 GSSIF Senior the Lender under the Loan Documents to a sale of the Collateral for the collection of the Indebtedness evidenced hereby Secured Obligations without any prior or different resort for collection, of the right of GSSIF Senior the Lender to the payment of the Indebtedness evidenced hereby Secured Obligations out of the net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, Borrowereach 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 such each Borrower or ASC which would require the separate sale of the Collateral or require GSSIF Senior 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 does and ASC do hereby expressly consent to and authorize, at the option of GSSIF Senior the Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Americold Corp /Or/)

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