Common use of Marshalling Clause in Contracts

Marshalling. Secured Party 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 Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and 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, Pledgor hereby agrees that it shall not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of Secured Party's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 16 contracts

Samples: Security Agreement (Marconi Corp PLC), Security Agreement (Marconi Corp PLC), Security Agreement (Marconi Corp PLC)

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Marshalling. The Secured Party 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 Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and 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, Pledgor the Debtor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party's ’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Pledgor the Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 14 contracts

Samples: Security Agreement (Earthlink Inc), Purchase Agreement (Covad Communications Group Inc), Security Agreement (Covad Communications Group Inc)

Marshalling. Secured Party shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Pledged Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and 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, Pledgor hereby agrees that it shall not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of Secured Party's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Pledgor hereby irrevocably waives the benefits of all such laws.. STOCK PLEDGE AGREEMENT

Appears in 11 contracts

Samples: Stock Pledge Agreement (Marconi Corp PLC), Stock Pledge Agreement (Marconi Corp PLC), Stock Pledge Agreement (Marconi Corp PLC)

Marshalling. The Secured Party 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 Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and 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, Pledgor the Debtor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Pledgor the Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 9 contracts

Samples: Security Agreement (STW Resources Holding Corp.), Credit Agreement (TRANS LUX Corp), Second Amended and Restated Security Agreement (Cardinal Ethanol LLC)

Marshalling. Secured Party 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 Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and 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, Pledgor Debtor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of Secured Party's ’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Pledgor Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 6 contracts

Samples: Asset Sale and Purchase Agreement (PBF Energy Inc.), Security Agreement (Utah Medical Products Inc), Asset Sale and Purchase Agreement (PBF Energy Inc.)

Marshalling. The Secured Party 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 Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and 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, Pledgor the Debtors hereby agrees agree that it shall will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Pledgor the Debtors hereby irrevocably waives waive the benefits of all such laws.

Appears in 2 contracts

Samples: And Security Agreement (Options Talent Group), Agreement and Plan of Merger (Options Talent Group)

Marshalling. The Secured Party shall not be required to marshal any present or future collateral security (including but not limited to this Security Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and 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, Pledgor each Grantor hereby agrees that it shall not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party's ’s rights under this Security Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Pledgor each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Security and Pledge Agreement (Luminent Mortgage Capital Inc), Security and Pledge Agreement (Luminent Mortgage Capital Inc)

Marshalling. The Secured Party shall not be required to marshal any present or future collateral security (including including, but not limited to this Agreement and to, the Pledged Collateral) ), for, or other assurances of payment of, the Secured Obligations or any of them Obligations, or to resort to such collateral security or other assurances of payment in any particular order, and all . All of its the Secured Party’s rights hereunder and 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 Pledgor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral that might cause delay in or impede impeded the enforcement of the Secured Party's ’s or any Lender’s rights under this Agreement Agreement, any other Transaction Document, or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is are secured or payment thereof is otherwise assured, and, and to the extent that it lawfully may, the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Stock Pledge Agreement (Sagebrush Gold Ltd.)

Marshalling. The Secured Party shall not be required to marshal any present or future collateral security (including including, but not limited to this Agreement and to, the Pledged Collateral) ), for, or other assurances of payment of, the Secured Obligations or any of them Obligations, or to resort to such collateral security or other assurances of payment in any particular order, and all . All of its the Secured Party’s rights hereunder and 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 Pledgor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral that might cause delay in or impede impeded the enforcement of the Secured Party's ’s rights under this Agreement Agreement, any other Transaction Document, or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is are secured or payment thereof is otherwise assured, and, and to the extent that it lawfully may, the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Stock Pledge Agreement (Sagebrush Gold Ltd.)

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Marshalling. The Secured Party shall not be required to marshal any present or future collateral security (including but not limited to this Security Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and 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, Pledgor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party's rights under this Security Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Pledgor the Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Mti Technology Corp)

Marshalling. Secured Party 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 Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and 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, Pledgor Debtor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of Secured Party's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Pledgor Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Enernoc Inc)

Marshalling. Secured Party shall not be required to marshal any present or future collateral security (including but not limited to this Pledge Agreement and the Pledged Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and 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, Pledgor hereby agrees that it shall not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of Secured Party's ’s rights under this Pledge Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Pledge Agreement (American Wagering Inc)

Marshalling. The Secured Party 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 Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its the rights hereunder and remedies of the Secured Party 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, Pledgor each of the Debtors hereby agrees that it shall will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it they lawfully may, Pledgor the Debtors hereby irrevocably waives waive the benefits of all such laws.

Appears in 1 contract

Samples: Subsidiary Security Agreement (Miller Industries Inc /Tn/)

Marshalling. Secured Party shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Pledged Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and 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, Pledgor hereby agrees that it shall not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of Secured Party's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding STOCK PLEDGE AGREEMENT or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Stock Pledge Agreement (Marconi Corp PLC)

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