Common use of Marshalling of Assets Clause in Contracts

Marshalling of Assets. Subject to Section 2.05(b), nothing in this Agreement will be deemed to require either the Program Agent or the Bank Agent (i) to proceed against certain property securing any or all of the Bank Claim or the Purchaser Claim prior to proceeding against other property securing any such Claim or (ii) to marshal the Senior Loan Collateral or the Purchased Property (as applicable) upon the enforcement of the Bank Agent’s or the Program Agent’s rights or remedies under the Bank Loan Documents or Program Documents, as applicable.

Appears in 6 contracts

Samples: Intercreditor Agreement, Credit Agreement (Crown Holdings Inc), Pledge Agreement (Crown Holdings Inc)

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Marshalling of Assets. Subject to Section 2.05(b), nothing Nothing in this Agreement will be deemed to require either the Program Agent or the Bank Senior Collateral Agent (ia) to proceed against certain property securing any or all of the Bank Claim Lender Claim, the Indenture Claims or the Purchaser Claim prior to proceeding against other property securing any such Claim or (iib) to marshal the Senior Loan Collateral or the Purchased Property (as applicable) upon the enforcement of the Bank Senior Collateral Agent’s 's or the Program Agent’s 's rights or remedies under the Bank Loan Documents Other Intercreditor Agreement or Program Purchaser Documents, as applicable.

Appears in 1 contract

Samples: Intercreditor Agreement (Rite Aid Corp)

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Marshalling of Assets. Subject to Section 2.05(b), nothing Nothing in this Agreement will be deemed to require either the Program Agent Indenture Trustee or the Bank Agent (ia) to proceed against certain property securing any or all of the Bank Claim or the Purchaser Claim prior to proceeding against other property securing any such Claim or (iib) to marshal the Senior Loan Exclusive Bank Collateral or the Purchased Property (as applicable) upon the enforcement of the Bank Agent’s 's or the Program Agent’s Indenture Trustee's rights or remedies under the Bank Loan Documents or Program Purchaser Documents, as applicable.

Appears in 1 contract

Samples: Note Purchase Agreement (Bon Ton Stores Inc)

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