Common use of Marshalling Clause in Contracts

Marshalling. Neither the Agent nor any Bank shall be required to ----------- marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights of the Agent hereunder and of the Agent or any Bank in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, the Borrower hereby agrees that it will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent's rights under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the Borrower hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Agent nor any Bank shall be required to ----------- marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights of the Agent hereunder and of the Agent or any Bank in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each of the Borrower Companies hereby agrees that it will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent's rights under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each of the Borrower Companies hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Agent nor any Bank Lender shall be required to ----------- marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Guaranteed Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights of the Agent hereunder and of the Agent or any Bank Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, the Borrower Company hereby agrees that it will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent's rights under this Agreement or under any other instrument creating or evidencing any of the Guaranteed Obligations or under which any of the Guaranteed Obligations is outstanding or by which any of the Guaranteed Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the Borrower Company hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Administrative Agent nor any Bank other Secured Party shall be required to ----------- marshal any present or future collateral security for (including but not limited to this Agreement and the Stock Collateral) for), or other assurances of payment of, the Obligations or any of them them, or to resort to such collateral security or other assurances of payment in any particular order, and all . All of the Administrative Agent’s rights of the Agent hereunder and of the Agent or any Bank Secured Parties in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, the Borrower Company hereby agrees that it will not invoke any law relating to the marshalling of collateral which that might cause delay in or impede the enforcement of the Administrative Agent's ’s rights under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, and to the extent that it lawfully may, may the Borrower Company hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Agent nor any Bank shall be required to ----------- marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights of the Agent hereunder and of the Agent or any Bank in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, the Borrower each Company hereby agrees that it will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent's rights under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the Borrower each Company hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Collateral Agent nor any Bank Secured Party shall be required to ----------- marshal any present or future collateral security for (including but not limited to this Agreement and the Stock Collateral) for), or other assurances of payment of, the Obligations or any of them them, or to resort to such collateral security or other assurances of payment in any particular order, and all . All of the Collateral Agent’s rights of the Agent hereunder and of the Agent or any Bank Secured Parties in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it they lawfully may, the Borrower Grantors hereby agrees agree that it they will not invoke any law relating to the marshalling of collateral which that might cause delay in or impede the enforcement of the Collateral Agent's ’s rights under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, and to the extent that it they lawfully may, may the Borrower Grantors hereby irrevocably waives waive the benefits of all such laws.

Marshalling. Neither the Agent nor any Bank The Lender shall not be required to ----------- marshal any ----------- present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights and remedies of the Agent Lender hereunder and of the Agent or any Bank Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, the Borrower Company hereby agrees that it will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the Borrower Company hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Agent nor any Bank shall be required to ----------- marshal any present or future collateral security for (including but not limited to this Agreement and the Stock Collateral) for), or other assurances of payment of, the Obligations or any of them them, or to resort to such collateral security or other assurances of payment in any particular order, and all . All of the Agent's rights of the Agent hereunder and of the Banks and the Agent or any Bank in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each of the Borrower Companies hereby agrees that it will not invoke any law relating to the marshalling of collateral which that might cause delay in or impede the enforcement of the Agent's rights under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, and to the extent that it lawfully may, may each of the Borrower Companies hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Agent nor any Bank shall be required to ----------- marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights of the Agent hereunder and of the Agent or any Bank in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, the Borrower AmeriKing hereby agrees that it will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent's rights under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the Borrower AmeriKing hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Agent nor any Bank shall be required to ----------- marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights of the Agent hereunder and of the Agent or any Bank in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, the Borrower Holdings hereby agrees that it will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent's rights under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the Borrower Holdings hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Agent nor any Bank shall be required to ----------- marshal any present or future collateral security (including but not limited to this Agreement and 'the Collateral) for, or other assurances of payment of, the Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights of the Agent hereunder and of the Agent or any Bank in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, the Borrower Company hereby agrees that it will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent's rights under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the Borrower Company hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Agent nor any Bank shall be required to ----------- marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of the rights of the Agent hereunder and of the Agent or any Bank in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, the Borrower Guarantor hereby agrees that it will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent's rights under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the Borrower Guarantor hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Agent nor any Bank shall be required to ----------- marshal any present or future collateral security for (including but not limited to this Agreement and the Stock Collateral) for), or other assurances of payment of, the Obligations or any of them them, or to resort to such collateral security or other assurances of payment in any particular order, and all . All of the Agent's rights of the Agent hereunder and of the Banks and the Agent or any Bank in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, the Borrower Holdings hereby agrees that it will not invoke any law relating to the marshalling of collateral which that might cause delay in or impede the enforcement of the Agent's rights under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, and to the extent that it lawfully may, the Borrower Holdings hereby irrevocably waives the benefits of all such laws.

Marshalling. Neither the Administrative Agent nor any Bank Lender shall be required to ----------- marshal any present or future collateral security for (including but not limited to this Pledge Agreement and the Securities Collateral) for), or other assurances of payment of, the Obligations or any of them them, or to resort to such collateral security or other assurances of payment in any particular order, and all . All of the Administrative Agent's rights of the Agent hereunder and of the Agent or any Bank in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, the Borrower each Pledgor hereby agrees that it will not invoke any law relating to the marshalling of collateral which that might cause delay in or impede the enforcement of the Administrative Agent's rights under this Pledge Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, and to the extent that it lawfully may, the Borrower each Pledgor hereby irrevocably waives the benefits of all such laws.