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, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Collateral Agent 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 Collateral Agent to the payment of the Debt out of the net proceeds of the Collateral in preference to every other claimant whatsoever.

Appears in 5 contracts

Samples: Loan Amendment (Vici Properties Inc.), Loan Amendment (Vici Properties Inc.), Mezzanine Loan Agreement (Vici Properties Inc.)

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Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, Borrower for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners Borrower and others other Persons with interests in Borrower, and of the CollateralProject, 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 Collateral Agent Bank under the Loan Documents to a sale foreclosure of the Collateral Mortgage for the collection of the Debt without any prior or different resort for collection or of the right of Collateral Agent Bank to the payment of the Debt out of the net proceeds of the Collateral Project in preference to every other claimant whatsoever.

Appears in 3 contracts

Samples: Loan Agreement (City Office REIT, Inc.), Loan Agreement (City Office REIT, Inc.), Loan Agreement (City Office REIT, 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, 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 Collateral Agent Lenders under the Loan Documents to a sale by Collateral Agent, for the benefit of Lenders, of the Collateral for the collection of the Debt Obligations without any prior or different resort for collection collection, or of the right of Collateral Agent Lenders to the payment of the Debt Obligations out of the net proceeds of the Collateral in preference to every other claimant whatsoever.

Appears in 2 contracts

Samples: Loan Agreement (Vinebrook Homes Trust, Inc.), Loan Agreement (Vinebrook Homes Trust, 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 members and others with interests in Borrower, and of the Collateral, and agrees shall not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Collateral Agent 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 Collateral Agent 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: Mezzanine Loan Agreement (Telx Group, Inc.), Mezzanine Loan Agreement (Telx Group, 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, 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 Collateral Agent 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 Collateral Agent 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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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 's partners and others with interests in Borrower, and of the Collateral, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Collateral Agent 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 Collateral Agent 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: Mezzanine Loan Agreement (Prime Group 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 Borrower and its partners and others with interests in Borrower, Borrower and of the CollateralProperty, 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 Collateral Agent 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 Collateral Agent 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 (Soho House & Co Inc.)

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