Common use of Waiver of Marshalling of Assets Clause in Contracts

Waiver of Marshalling of Assets. To the fullest extent permitted by law, each Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of any Borrower, any Borrower’s partners and others with interests in any Borrower, and of any Property or the IP, or to a sale in inverse order of alienation in the event of foreclosure of the Mortgage, 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 Lender under the Loan Documents to a sale of any Property and/or the IP for the collection of the Debt without any prior or different resort for collection or of the right of Lender to the payment of the Debt out of the net proceeds of the Properties and/or the IP in preference to every other claimant whatsoever. In addition, to the fullest extent permitted by law, each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of the Mortgage, any equitable right otherwise available to such Borrower which would require the separate sale of any Property and/or the IP or require Lender to exhaust its remedies against any Property and/or the IP before proceeding against any other Property and/or the IP; and further in the event of such foreclosure, each Borrower does hereby expressly consent to and authorize, at the option of Lender, the foreclosure and sale either separately or together of any combination of the Properties and the IP.

Waiver of Marshalling of Assets. To the fullest extent permitted by law, each Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of any Borrower, any Borrower’s partners Borrowers and others with interests in any Borrower, and of any Property or the IPProjects, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the MortgageMortgages, 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 Lender Agent or Lenders under the Loan Documents to a sale of any Property and/or the IP Projects for the collection of the Debt Indebtedness without any prior or different resort for collection or of the right of Lender Lenders to the payment of the Debt Indebtedness out of the net proceeds of the Properties and/or the IP Projects in preference to every other claimant whatsoever. In addition, addition (but subject to any applicable statute or law governing deficiencies remaining after the fullest extent permitted by lawsale of any collateral), each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the MortgageMortgages, any equitable right otherwise available to such any Borrower which would require the separate sale of any Property and/or the IP Projects or require Lender Agent to exhaust its remedies against any Property and/or individual or any combination of the IP Projects before proceeding against any other Property and/or the IPProject or combination of Projects; and further in the event of such foreclosure, foreclosure each Borrower does hereby expressly consent consents to and authorizeauthorizes, at the option of LenderAgent, the foreclosure and sale either separately or together of any combination of the Properties and Projects, to the IPextent permitted by any applicable statute or law.

Waiver of Marshalling of Assets. To the fullest extent permitted by lawApplicable Law, each Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of any Borrower, any Borrower’s partners and others with interests in any Borrower, and of any Property or the IPProperty, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the MortgageSecurity Instrument, 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 Lender under the Loan Documents to a sale of any the Property and/or the IP for the collection of the Debt without any prior or different resort for collection or of the right of Lender to the payment of the Debt out of the net proceeds of the Properties and/or the IP Property in preference to every other claimant whatsoever. In addition, to the fullest extent permitted by law, each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or part of the MortgageSecurity Instrument, any equitable right otherwise available to such Borrower which would require the separate sale of any the Property and/or the IP or require Lender to exhaust its remedies against any the Property and/or the IP before proceeding against any other Property and/or the IPCollateral; and further in the event of such foreclosure, each foreclosure Borrower does hereby expressly consent consents to and authorizeauthorizes, at the option of Lender, the foreclosure and sale either separately or together of any combination of the Properties and the IPProperty.

Waiver of Marshalling of Assets. To the fullest extent permitted by law------------------------------- Borrower may legally do so, each Borrower, for itself and its successors and assigns, Borrower waives all rights to a marshalling of the assets of any Borrower, any Borrower’s partners 's partners, if any, and others with interests in any Borrower, and of any Property or the IPMortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the Mortgageinterests 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 Lender under the Loan Documents to a sale of any the Mortgaged Property and/or the IP for the collection of the related Debt without any prior or different resort for collection or collection, of the right of Lender or any deed of trust trustee to the payment of the related Debt out of the net proceeds of the Properties and/or the IP Mortgaged Property in preference to every other claimant whatsoever. In addition, to the fullest extent permitted by law, each 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 such Borrower which would require the separate sale of any Property and/or the IP or require Lender to exhaust its remedies against any Property and/or the IP before proceeding against any other Property and/or the IP; and further in the event of such foreclosure, each Borrower does hereby expressly consent to and authorize, at the option of Lender, the foreclosure and sale either separately or together of any combination portions of the Properties and the IPMortgaged Property.