Common use of Waiver of Marshalling Clause in Contracts

Waiver of Marshalling. Until the Discharge of Senior Lender Claims, each Second Priority Agent, on behalf of itself and the applicable Second Priority Secured Parties, agrees not to assert and hereby waives, to the fullest extent permitted by law, any right to demand, request, plead or otherwise assert or otherwise claim the benefit of, any marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect to the Common Collateral or any other similar rights a junior secured creditor may have under applicable law.

Appears in 24 contracts

Samples: Intercreditor Agreement (Matthews International Corp), Fifth Amendment Agreement (Eldorado Gold Corp /Fi), Intercreditor Agreement (SeaWorld Entertainment, Inc.)

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Waiver of Marshalling. Until the Discharge of Senior Lender Claims, each the Second Priority Agent, on behalf of itself and the applicable Second Priority Secured Parties, agrees not to assert and hereby waives, to the fullest extent permitted by law, any right to demand, request, plead or otherwise assert or otherwise claim the benefit of, any marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect to the Common Collateral or any other similar rights a junior secured creditor may have under applicable law.

Appears in 2 contracts

Samples: Intercreditor Agreement (Berry Plastics Group Inc), Intercreditor Agreement (Riviera Holdings Corp)

Waiver of Marshalling. Until the Discharge of the Senior Lender ClaimsObligations, each Second Priority AgentRepresentative, on behalf of itself and the applicable Second Priority Secured Parties, agrees not to assert and hereby waives, to the fullest extent permitted by law, any right to demand, request, plead or otherwise assert or otherwise claim the benefit of, any marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect to the Common Shared Collateral or any other similar rights a junior secured creditor may have under applicable law.

Appears in 2 contracts

Samples: Amendment No. 2 (Energy Future Intermediate Holding CO LLC), Second Lien Intercreditor Agreement (Energy Future Intermediate Holding CO LLC)

Waiver of Marshalling. Until the Discharge of the Senior Lender Claims, each the Second Priority Agent, on behalf of itself and the applicable Second Priority Secured Parties, agrees not to assert and hereby waives, to the fullest extent permitted by law, any right to demand, request, plead or otherwise assert or otherwise claim the benefit of, any marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect to the Common Collateral or any other similar rights a junior secured creditor may have under applicable law.

Appears in 2 contracts

Samples: Intercreditor Agreement (Berry Plastics Holding Corp), Intercreditor Agreement (Berry Plastics Holding Corp)

Waiver of Marshalling. Until the Discharge of Senior Lender Creditor Claims, each Second Priority Agent, on behalf of itself and the applicable Second Priority Secured Parties, agrees not to assert and hereby waives, to the fullest extent permitted by law, any right to demand, request, plead or otherwise assert or otherwise claim the benefit of, any marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect to the Common Collateral or any other similar rights a junior secured creditor may have under applicable law.

Appears in 2 contracts

Samples: Indenture (Caesars Entertainment, Inc.), Indenture (Caesars Entertainment, Inc.)

Waiver of Marshalling. Until the Discharge of Senior Lender Claims, each Second Priority Agent, solely on behalf of itself and the applicable Second Priority Secured Parties, agrees agree not to assert and hereby waives, to the fullest extent permitted by law, any right to demand, request, plead or otherwise assert or otherwise claim the benefit of, any marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect to the Common Collateral or any other similar rights a junior secured creditor may have under applicable law.

Appears in 1 contract

Samples: Notes Intercreditor Agreement (TAMINCO ACQUISITION Corp)

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Waiver of Marshalling. Until the Discharge of Senior Lender Claims, each Second Priority Agent, on behalf of itself and the all applicable Second Priority Secured Parties, agrees not to assert and hereby waives, to the fullest extent permitted by law, any right to demand, request, plead or otherwise assert or otherwise claim the benefit of, any marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect to the Common Collateral or any other similar rights a junior secured creditor may have under applicable law.

Appears in 1 contract

Samples: Intercreditor Agreement (Quality Distribution Inc)

Waiver of Marshalling. Until the Discharge of Senior Lender Claims, each Second Priority Agent, on behalf of itself and the applicable Second Priority Secured Parties, agrees not to assert and hereby waives, to the fullest extent permitted by law, any right to demand, request, plead or otherwise assert or otherwise claim the benefit of, any marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect to the Common Collateral or any other similar rights a junior secured creditor may have under applicable law.

Appears in 1 contract

Samples: Intercreditor Agreement (GMX Resources Inc)

Waiver of Marshalling. Until the Discharge of Senior Lender Claims, each Second Priority AgentRepresentative, on behalf of itself and the applicable Second Priority Secured Parties, agrees not to assert and hereby waives, to the fullest extent permitted by law, any right to demand, request, plead or otherwise assert or otherwise claim the benefit of, any marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect to the Common Collateral or any other similar rights a junior secured creditor may have under applicable law.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Infrastructure & Energy Alternatives, Inc.)

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