Common use of Waiver of Marshaling of Assets Clause in Contracts

Waiver of Marshaling of Assets. To the fullest extent a Borrower may legally do so, each Borrower waives all rights to a marshaling of the assets of such Borrower, its partners, if any, and others with interests in said Borrower and of the Properties, 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 any Lender or Agent on behalf of Lenders under the Loan Documents to a sale of any one or more of the Properties for the collection of the related Debt without any prior or different resort for collection, or the right of any Lender or Agent on behalf of Lenders or any deed of trust trustee to the payment of the related Debt out of the net proceeds of the Properties in preference to every other claimant whatsoever.

Waiver of Marshaling of Assets. To the fullest extent a the Borrower may legally do so, each the Borrower waives all rights to a marshaling of the assets of such the Borrower, its partnersmembers, if any, and others with interests in said the Borrower and of the PropertiesCollateral, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby createdcreated or otherwise created by any of the other Loan Documents, 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 any Lender or the Agent on behalf of the Lenders under the Loan Documents to a sale of any one or more of the Properties Collateral for the collection of the related Debt without any prior or different resort for collection, or the right of any Lender or the Agent on behalf of Lenders or any deed of trust trustee to the payment of the related Debt out of the net proceeds of the Properties Collateral 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 the Pledge Agreement, any equitable right otherwise available to the Borrower which would require the separate sale of the Collateral.

Waiver of Marshaling of Assets. To the fullest extent a the Borrower may legally do so, each the Borrower waives all rights to a marshaling of the assets of such the Borrower, its partnersmembers, if any, and others with interests in said the Borrower and of the PropertiesMortgaged Property, 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 any Lender or the Agent on behalf of Lenders under the Loan Documents to a sale of any one or more of the Properties Mortgaged Property for the collection of the related Debt without any prior or different resort for collection, or the right of any Lender or the Agent on behalf of Lenders or any deed of trust trustee to the payment of the related Debt out of the net proceeds of the Properties Mortgaged Property 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 the Mortgage, any equitable right otherwise available to the Borrower which would require the separate sale of portions of the Mortgaged Property.

Waiver of Marshaling of Assets. To the fullest extent a Borrower Party may legally do so, each Borrower Party waives all rights to a marshaling of the assets of such BorrowerBorrower Party, its partners, if any, and others with interests in said Borrower Party and of the Mortgaged Properties, 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, exemption or the administration of estates of decedents, or any other matters whatsoever decedents to defeat, reduce or affect the right of any Lender or Agent on behalf of Lenders under the Loan Documents to a sale of any one or more of the Mortgaged Properties for the collection of the related Debt without any prior or different resort for collection, or the right of any Lender or Agent on behalf of Lenders or any deed of trust trustee to the payment of the related Debt out of the net proceeds of the Mortgaged Properties 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 Mortgage, any equitable right otherwise available to the Borrower which would require the separate sale of portions of a Mortgaged Property.

Waiver of Marshaling of Assets. The Lender shall have no obligation to marshal any assets in favor of the Borrower or any other party or against or in payment of any or all of the obligations of the Borrower pursuant to this Agreement, the Note or any other Loan Document. To the fullest extent a Borrower may legally do so, each Borrower waives all rights to a marshaling of the assets of such the Borrower and the Borrower, its partners, if any's Affiliates, and others with interests in said Borrower any of the Borrower, and of the PropertiesRestaurant Property and other assets of the Borrower, 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 any the Lender or Agent on behalf of Lenders under the Loan Documents to a sale of any one or more all of the Properties Restaurant Property and other assets of the Borrower for the collection of the related Debt Indebtedness without any prior or different resort for collection, or the right of any the Lender or Agent on behalf of Lenders or any deed of trust trustee to the payment of the related Debt Obligations out of the net proceeds of the Properties Restaurant Property in preference to every other claimant whatsoever.