Common use of Waiver of Marshaling of Assets Clause in Contracts

Waiver of Marshaling of Assets. To the fullest extent Debtor may legally do so, Debtor waives all rights to a marshalling of the assets of Debtor, 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 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 the Administrative Agent to the payment of the Indebtedness evidenced hereby out of the Net Cash Proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, Debtor, 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 Debtor which would require the separate sale of the Collateral or require 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 Debtor does hereby expressly consent to and authorize, at the option of the 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

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

Waiver of Marshaling of Assets. To the fullest extent Debtor Borrower may legally do so, Debtor Borrower waives all rights to a marshalling of the assets of DebtorBorrower, 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 the Administrative Agent 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 the Administrative Agent GSSIF Senior Lender to the payment of the Indebtedness evidenced hereby out of the Net Cash Proceeds net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, DebtorBorrower, 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 Debtor Borrower which would require the separate sale of the Collateral or require the Administrative Agent 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 Debtor Borrower does hereby expressly consent to and authorize, at the option of the Administrative Agent (acting at the written direction of the Required Lenders)GSSIF Senior Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Appears in 1 contract

Sources: Senior Loan Agreement

Waiver of Marshaling of Assets. To the fullest extent Debtor the Borrower may legally do so, Debtor the Borrower waives all rights to a marshalling of the assets of Debtorthe 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 the Administrative Agent 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 the Administrative Agent Lender to the payment of the Indebtedness evidenced hereby Debt out of the Net Cash Proceeds net proceeds of the Pledged Collateral or any interest therein in preference to every other claimant whatsoever. In addition, Debtorthe 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 Debtor the Borrower which would require the separate sale of the Pledged Collateral or require the Administrative Agent 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 Debtor the Borrower does hereby expressly consent to and authorize, at the option of the Administrative Agent (acting at the written direction of the Required Lenders)Lender, the foreclosure and sale either separately or together of any or all of the Pledged Collateral.

Appears in 1 contract

Sources: Loan Agreement (BRT Realty Trust)

Waiver of Marshaling of Assets. To the fullest extent Debtor may legally do so, Debtor waives all rights to a marshalling of the assets of Debtor, 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 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 the Administrative Agent to the payment of the Indebtedness evidenced hereby out of the Net Cash Proceeds net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, Debtor, 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 Debtor which would require the separate sale of the Collateral or require 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 Debtor does hereby expressly consent to and authorize, at the option of the 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

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

Waiver of Marshaling of Assets. To the fullest extent Debtor each Borrower or ASC may legally do so, Debtor each such Person waives all rights to a marshalling marshaling of the assets of Debtorsuch 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 the Administrative Agent 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 the Administrative Agent Lender to the payment of the Indebtedness evidenced hereby Secured Obligations out of the Net Cash Proceeds net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, Debtoreach 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 Debtor each Borrower or ASC which would require the separate sale of the Collateral or require the Administrative Agent 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 Debtor does each Borrower and ASC do hereby expressly consent to and authorize, at the option of the Administrative Agent (acting at the written direction of the Required Lenders)Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Appears in 1 contract

Sources: Credit Agreement (Americold Corp /Or/)

Waiver of Marshaling of Assets. To the fullest extent Debtor Borrower may legally do so, Debtor Borrower waives all rights to a marshalling of the assets of DebtorBorrower, 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 the Administrative Agent 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 the Administrative Agent Subordinate Lender to the payment of the Indebtedness evidenced hereby out of the Net Cash Proceeds net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, DebtorBorrower, 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 Debtor Borrower which would require the separate sale of the Collateral or require the Administrative Agent 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 Debtor Borrower does hereby expressly consent to and authorize, at the option of the Administrative Agent (acting at the written direction of the Required Lenders)Subordinate Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Appears in 1 contract

Sources: Subordinate Loan Agreement

Waiver of Marshaling of Assets. To the fullest extent Debtor ------------------------------ Borrower may legally do so, Debtor Borrower waives all rights to a marshalling marshaling of the assets of Debtorsuch 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 Lenders or the Administrative 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 the Administrative Agent Lenders to the payment of the Indebtedness evidenced hereby Debt out of the Net Cash Proceeds net proceeds of the Pledged Collateral or any interest therein in preference to every other claimant whatsoever. In addition, Debtor, 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 Debtor Borrower which would require the separate sale of the Pledged Collateral or require Agent or the Administrative Agent 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 Debtor Borrower does hereby expressly consent to and authorize, at the option of the Administrative Agent (acting at the written direction on behalf of the Required Lenders), the foreclosure and sale either separately or together of any or all of the Pledged Collateral.

Appears in 1 contract

Sources: Credit Agreement (Desert Springs Marriott Limited Partnership)

Waiver of Marshaling of Assets. To the fullest extent Debtor Borrower may legally do so, Debtor Borrower waives all rights to a marshalling of the assets of DebtorBorrower, 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 the Administrative Agent 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 the Administrative Agent NT Senior Lender to the payment of the Indebtedness evidenced hereby out of the Net Cash Proceeds net proceeds of the Collateral or any interest therein in preference to every other claimant whatsoever. In addition, DebtorBorrower, 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 Debtor Borrower which would require the separate sale of the Collateral or require the Administrative Agent 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 Debtor Borrower does hereby expressly consent to and authorize, at the option of the Administrative Agent (acting at the written direction of the Required Lenders)NT Senior Lender, the foreclosure and sale either separately or together of any or all of the Collateral.

Appears in 1 contract

Sources: Senior Loan Agreement