Common use of Waiver of Marshalling of Assets Clause in Contracts

Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners and others with interests in Borrower, and of the Collateral, or to a sale in inverse order of alienation in the event of a foreclosure or assignment-in-lieu of foreclosure of all or any of the Pledge Agreements, 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 the Collateral 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 Collateral in preference to every other claimant whatsoever.

Appears in 10 contracts

Samples: Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

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Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives (and shall cause Leasehold Pledgor to waive) all rights to a marshalling of the assets of BorrowerBorrower or Leasehold Pledgor, as applicable, Borrower’s and Leasehold Pledgor’s respective partners and others with interests in BorrowerBorrower or Leasehold Pledgor, as applicable, and of the Collateral, or to a sale in inverse order of alienation in the event of a foreclosure or assignment-in-lieu of foreclosure of all or any of the Pledge Agreements, 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 the Collateral 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 Collateral in preference to every other claimant whatsoever.

Appears in 2 contracts

Samples: Senior Mezzanine Loan Agreement (Ashford Hospitality Prime, Inc.), Junior Mezzanine Loan Agreement (Ashford Hospitality Prime, Inc.)

Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrowereach Issuer, for itself and its successors and assigns, waives all rights to a marshalling of the assets of BorrowerIssuers, Borrower’s Issuers’ partners and others with interests in BorrowerIssuers, and of the CollateralProperty, or to a sale in inverse order of alienation in the event of a foreclosure Security Trust First Beneficiary conveys, sells or assignment-in-lieu of foreclosure of all or any of otherwise transfers Security Trust Second Beneficiary’s interest under the Pledge Agreementssecurity trust formed pursuant to the Security Trust Agreement, 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 Trustee under the Loan Financing Documents to a sale of the Collateral Property for the collection of the Debt without any prior or different resort for collection or of the right of Lender Trustee to the payment of the Debt out of the net proceeds of the Collateral Property in preference to every other claimant whatsoever.

Appears in 2 contracts

Samples: Note Indenture (Kerzner International LTD), Note Indenture (Kerzner International LTD)

Waiver of Marshalling of Assets. To the fullest extent permitted by lawApplicable Law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners and others with interests in Borrower, and of the Collateral, or to a sale in inverse order of alienation in the event of a foreclosure or assignment-in-lieu of foreclosure of all or any part of the Pledge AgreementsAgreement, 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 the Collateral 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 Collateral in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Management Agreement (Piedmont Office Realty Trust, Inc.)

Waiver of Marshalling of Assets. (a) To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners and/or shareholders, as applicable, and others with interests in Borrower, and of the CollateralProperty, or to a sale in inverse order of alienation in the event of a foreclosure or assignment-in-lieu of foreclosure of all or any of the Pledge AgreementsSecurity 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 the Collateral Property 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 Collateral Property in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

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Waiver of Marshalling of Assets. (a) To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners and/or shareholders, as applicable, and others with interests in Borrower, and of the Collateral, or to a sale in inverse order of alienation in the event of a foreclosure or assignment-in-lieu of foreclosure of interests in all or any of the Pledge AgreementsSecurity Instruments, 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 the Collateral Collateral, as applicable, 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 Collateral Debt, in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Waiver of Marshalling of Assets. (a) To the fullest extent permitted by law, each of Owner and Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of each of Owner and Borrower, each of Owner's and Borrower’s 's partners or members and others with interests in any of Owner or Borrower, and of the CollateralCollateral Property, or to a sale in inverse order of alienation in the event of a foreclosure or assignment-in-lieu of foreclosure of all or any of the Pledge AgreementsMortgage, 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 the Collateral Property 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 Collateral Property in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners Equity Owner and others with interests in Borrower, and of the Collateral, or to a sale in inverse order of alienation in the event of a foreclosure or assignment-in-lieu of foreclosure of all or any of the Pledge Agreements, and agrees shall 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 the Collateral for the collection of the Debt Obligations without any prior or different resort for collection collection, or of the right of Lender to the payment of the Debt Obligations out of the net proceeds of the Collateral in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Loan Agreement (American Housing REIT Inc.)

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