Waiver of Right to Require Marshaling Clause Samples

Waiver of Right to Require Marshaling. Each of [A/R Lender] and CRG Agent, on behalf of CRG Creditors, expressly waives any right that it otherwise might have to require any other Creditor to marshal assets or to resort to Collateral in any particular order or manner, whether provided for by common law or statute. No Creditor shall be required to enforce any guaranty or any security interest or lien given by any person or entity as a condition precedent or concurrent to the taking of any Enforcement Action with respect to the Collateral.

Waiver of Right to Require Marshaling. Except as set forth in this Agreement to the contrary, each Lender hereby expressly waives any right that it otherwise might have to require the other Lender to marshal assets or to resort to Property or Collateral in any particular order or manner, whether provided for by common law or statute.

Waiver of Right to Require Marshaling. Each Series A Holder expressly waives any right that it otherwise might have to require any Series B Holder to marshal assets or to resort to Collateral in any particular order or manner, whether provided for by common law or statute. No Series B Holder shall be required to enforce any guaranty or any Lien given by any Person as a condition precedent or concurrent to the taking of any Enforcement Action.

Waiver of Right to Require Marshaling. Each Claimant hereby ------------------------------------- expressly waives any right that it otherwise might have to require the other Claimant to marshal Assets or to resort to Collateral in any particular order or manner, whether provided for by common law or statute. No Claimant shall be required to enforce any guaranty or any security interest or lien given by Obligor as a condition precedent or concurrent to the taking of any Enforcement Action.

Waiver of Right to Require Marshaling. Each Party hereby expressly waives any right that it otherwise might have to require any other Party to marshal assets or to resort to Collateral in any particular order or manner, whether provided for by common law or statute. No Party shall be required to enforce any guaranty or any security interest given by any Person other than the Company as a condition precedent or concurrent to the taking of any Enforcement Action.

Waiver of Right to Require Marshaling. Each of LSQ and each Existing Agent, on behalf of the applicable Existing Creditors, expressly waives any right that it otherwise might have to require any other Creditor to marshal assets or to resort to Collateral in any particular order or manner, whether provided for by common law or statute. No Creditor shall be required to enforce any guaranty or any security interest or lien given by any person or entity as a condition precedent or concurrent to the taking of any Enforcement Action with respect to the Collateral.

Waiver of Right to Require Marshaling. Each Claimant and each Representative hereby expressly waives any right that it otherwise might have to require any Collateral Agent or any other Claimant or Representative to marshal Assets or to resort to Collateral in any particular order or manner, whether provided for by common law or statute, provided that this paragraph shall not override any specific provision of this Agreement. Neither any Collateral Agent nor any Claimant nor Representative shall be required to enforce any guaranty or any security interest or lien given by any Person other than a Debtor as a condition precedent or concurrent to the taking of any enforcement action with respect to the Collateral.

Waiver of Right to Require Marshaling. Each Secured Party hereby expressly waives any right that it otherwise might have to require any other Secured Party to marshal property or to resort to or realize upon Collateral in any particular order or manner, whether provided for by common law, statute or equity (notwithstanding that the order, manner and type of realization may affect the amount of proceeds recoverable by any or all of the Secured Parties). No Secured Party shall be required to make a demand under or enforce any guaranty or any Lien given by any Person as a condition precedent or concurrent to the taking of any Enforcement Action.

Waiver of Right to Require Marshaling. BABC and TERM LENDER each hereby expressly waive any right that it otherwise might have to require the other to marshal assets or to resort to Collateral in any particular order or manner, whether provided for by common law or statute, provided that this paragraph shall not override any specific provision of this Agreement. Neither BABC or TERM LENDER shall be required to enforce any guaranty or any security interest given by any person or entity other than Borrower as a condition precedent or concurrent to the taking of any Enforcement Action.