Common use of Waiver of Redemption, Notice and Marshalling of Assets Clause in Contracts

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) except for notices expressly provided for herein or in the Indenture, all notices of any Event of Default or of Mortgagee's intention to accelerate maturity of the Senior Secured Note Obligations or of Mortgagee's election, to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the Indenture; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Senior Secured Note Documents. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.

Appears in 9 contracts

Samples: Mortgage (Progress Precision Inc.), Progress Precision Inc., Progress Precision Inc.

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Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor Trustor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor Trustor by virtue of any present or future moratorium law or other law exempting the Mortgaged Trust Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) except for notices expressly provided for herein or in the Indenture, all notices of any Event of Default or of Mortgagee's Beneficiary’s intention to accelerate maturity of the Senior Secured Note Obligations or of Mortgagee's election, Trustee’s or Beneficiary’s election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the Indenture; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Senior Secured Note Security Documents. If any law referred to in this Mortgage Deed of Trust and now in force, of which Mortgagor Trustor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.

Appears in 2 contracts

Samples: Security Agreement and Fixture (Gsi Group Inc), Security Agreement and Fixture Filing (Gsi Group Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) except for notices expressly provided for herein or in the Indenture, Credit Agreement all notices of any Event of Default or of Mortgagee's ’s intention to accelerate maturity of the Senior Secured Note Obligations or of Mortgagee's election, ’s election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the IndentureCredit Agreement; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Senior Secured Note Documents. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (Ascendia Brands, Inc.), Ascendia Brands, Inc.

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) except for notices expressly provided for herein or in the IndentureLoan Agreement, all notices of any Event of Default or of Mortgagee's intention to accelerate maturity of the Senior Secured Note Obligations or of Mortgagee's election, election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the IndentureLoan Agreement; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Senior Secured Note Documents. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor successors or successors assigns might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.

Appears in 1 contract

Samples: Iron Age Corp

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) except for notices expressly provided for herein or in the Indentureother Transaction Documents, all notices of any Event of Default or of Mortgagee's ’s intention to accelerate maturity of the Senior Secured Note Obligations or of Mortgagee's election, ’s election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the Indentureother Transaction Documents; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Senior Secured Note Transaction Documents. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Minrad International, Inc.)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) except for notices expressly provided for herein or in the IndentureCredit Agreement, all notices of any Event of Default or of Mortgagee's intention to accelerate maturity of the Senior Secured Note Obligations or of Mortgagee's election, election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the IndentureCredit Agreement; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Senior Secured Note Loan Documents. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.

Appears in 1 contract

Samples: Lakes Entertainment Inc

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor Trustor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor Trustor by virtue of any present or future moratorium law or other law exempting the Mortgaged Trust Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) except for notices expressly provided for herein or in the IndentureCredit Agreement, all notices of any Event of Default or of MortgageeBeneficiary's intention to accelerate maturity of the Senior Secured Note Obligations or of MortgageeTrustee's election, or Beneficiary's election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the IndentureCredit Agreement; and (c) any right to a marshalling of assets or assets, a sale in inverse order of alienation; alienation and (d) any and all conflicts with any provisions of any of the Senior Secured Note Loan Documents. If any law referred to in this Mortgage Deed of Trust and now in force, of which Mortgagor Trustor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof. Beneficiary shall have the right to determine the order in which any or all of the Trust Property shall be subjected to the remedies provided herein.

Appears in 1 contract

Samples: Lakes Entertainment Inc

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Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) except for notices expressly provided for herein or in the IndentureFinancing Agreement, all notices of any Event of Default or of Mortgagee's intention to accelerate maturity of the Senior Secured Note Obligations or of Mortgagee's election, election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the IndentureFinancing Agreement; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Senior Secured Note Loan Documents. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.

Appears in 1 contract

Samples: Financing Agreement (Lakes Entertainment Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor Grantor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor Grantor by virtue of any present or future moratorium law or other law exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) except for notices as herein expressly provided for herein or and in the IndentureIntercompany Note and the other documents securing the Intercompany Note, all notices of (i) any Event of Default or of Mortgagee's intention Default, (ii) intent to accelerate maturity the Obligations, (iii) acceleration of the Senior Secured Note Obligations Obligations, or of Mortgagee(iv) Deed Trustee's election, election to exercise or his actual exercise of any right, remedy or recourse provided for hereunder or under the Indenturethis Deed of Trust; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) . Grantor agrees, to the full extent that it may lawfully do so, that it will not at any and all conflicts with time insist upon or plead or in any provisions way take advantage of any appraisement, valuation, stay, marshalling of assets, extension, redemption or moratorium law now or hereafter in force and effect so as to prevent or hinder the Senior Secured Note Documents. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application enforcement of the provisions hereofof this Deed of Trust or the indebtedness secured hereby, or any agreement between Grantor and Beneficiary or any rights or remedies Beneficiary may have thereunder, hereunder or by law.

Appears in 1 contract

Samples: HWCC Shreveport Inc

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) except for notices expressly provided for herein or in the Indenture, all notices of any Event of Default or of Mortgagee's intention to accelerate maturity of the Senior Secured Note Obligations or of Mortgagee's election, to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the Indenture; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Secured Senior Secured Note Documents. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.

Appears in 1 contract

Samples: Progress Precision Inc.

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; (b) except for notices expressly provided for herein or in the IndentureIndenture or required by Governmental Requirements, all notices of any Event of Default or of Mortgagee's ’s intention to accelerate maturity of the Senior Secured Note Obligations or of Mortgagee's election, ’s election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the Indenture; and (c) any right to a marshalling marshaling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Senior Secured Note Documents. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Angiotech Pharmaceuticals Inc)

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