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 members and others with interests in Borrower and of the Property, 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 Property for the collection of the Indebtedness without any prior or different resort for collection or of the right of Lender to the payment of the Indebtedness out of the net proceeds of the Property in preference to every other claimant whatsoever.

Appears in 6 contracts

Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (Alexanders Inc), Loan and Security Agreement (Reckson Operating Partnership Lp)

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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 all rights to a marshalling of the assets of Borrower, Borrower's members partners and others with interests in Borrower Borrower, and of the Property, 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 Property for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Lender to the payment of the Indebtedness Debt out of the net proceeds of the Property in preference to every other claimant whatsoever.

Appears in 6 contracts

Samples: Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Glimcher Realty Trust), Loan Agreement (Glimcher Realty Trust)

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 members shareholders and others with interests in Borrower and of the Property, 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 Property for the collection of the Indebtedness without any prior or different resort for collection or of the right of Lender to the payment of the Indebtedness out of the net proceeds of the Property in preference to every other claimant whatsoever.

Appears in 2 contracts

Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.), Loan and Security Agreement (CNL Hotels & Resorts, 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 members ’s partners and others with interests in Borrower Borrower, and of the any Property, 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 any Property for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Lender to the payment of the Indebtedness Debt out of the net proceeds of the any Property in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Loan Agreement (RFS Partnership Lp)

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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 all rights to a marshalling of the assets of Borrower, Borrower's members and others with interests in Borrower Borrower, and of the Property, 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 Property for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Lender to the payment of the Indebtedness Debt out of the net proceeds of the Property in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Loan Agreement (Beacon Capital Partners Inc)

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