Common use of Marshalling Clause in Contracts

Marshalling. The Lender shall not be required to marshal any present or future collateral security (including but not limited to 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 Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the 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 Lender'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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Revolving Loan Agreement (Aspect Medical Systems Inc), Security Agreement (Somanta Pharmaceuticals Inc.)

Marshalling. The Lender Collateral Agent 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company hereby agrees that it will not invoke any law relating to the marshalling marshaling of collateral which might cause delay in or impede the enforcement of the Lender's Collateral Agent’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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (Digipath, Inc.), Security Agreement (Gvi Security Solutions Inc)

Marshalling. The Lender shall not be required to marshal any present or future collateral security (including but not limited to this Pledge 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company Beneficiary hereby agrees that it will shall not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Lender's ’s rights and remedies 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, to the extent that it lawfully may, the Company Beneficiary hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC)

Marshalling. 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 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 the its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company 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 Lender'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, the Company Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (Converted Organics Inc.), Security Agreement (Converted Organics Inc.)

Marshalling. The No Lender shall not be required to marshal any present or future collateral security for (including but not limited to including, without limitation, the 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 of the each of such Person’s rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it they lawfully may, the Company each Lender 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 Lender's Lenders’ rights and remedies under this Agreement the Security Documents 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, the Company each Lender hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Intercreditor Agreement (Electronic Cigarettes International Group, Ltd.), Intercreditor Agreement (Electronic Cigarettes International Group, Ltd.)

Marshalling. The Lender shall not be required to marshal any present or future collateral security (including but not limited to 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the 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 Lender'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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (Microfluidics International Corp), Security Agreement (Faraday Financial Inc)

Marshalling. The Lender shall not be required to marshal any present or future collateral security (including including, but not limited to 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company 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 Lender'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 Company Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Fourth Agreement of Amendment, Fourth Agreement of Amendment (Qep Co Inc)

Marshalling. The Lender shall not be required to marshal any present or future collateral security for (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 them, or to resort to such collateral security or other assurances of payment in any particular order, and all . All of the Lender’s rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company 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 Lender's ’s rights and remedies 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, and to the extent that it each Pledgor lawfully may, the Company such Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Loan and Security Agreement (Daegis Inc.), Loan and Security Agreement (Unify Corp)

Marshalling. The Lender Secured Parties shall not be required to marshal any present or future collateral security (including but not limited to the Security 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 their rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company Pledgor 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 Lender's Secured Parties’ rights and remedies under this the Security 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 Company Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (Car Charging Group, Inc.), Pledge and Security Agreement (Car Charging Group, Inc.)

Marshalling. The Lender shall not 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 Lender's rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company 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 Lender'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, and to the extent that it lawfully may, may the Company Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Stock Pledge Agreement (Pc Ephone Inc), Stock Pledge Agreement (Pc Ephone Inc)

Marshalling. 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the 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 Lender's ’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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (Janel Corp), Security Agreement (Plures Technologies, Inc./De)

Marshalling. 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 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 the its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the 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 Lender'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, the Company hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (Converted Organics Inc.), Security Agreement (Converted Organics Inc.)

Marshalling. The Lender Bank 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company 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 Lender's Bank’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 Company Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (XCel Brands, Inc.), Security Agreement (XCel Brands, Inc.)

Marshalling. The Lender Agent shall not be required to marshal any present or future collateral security for (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 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 and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it the Pledgor lawfully may, the Company Pledgor hereby agrees that it the Pledgor will not invoke any law relating to the marshalling of collateral which that might cause delay in or impede the enforcement of the LenderAgent'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 Obligations obligations is secured or payment thereof is otherwise assured, and, and to the extent that it the Pledgor lawfully may, may the Company Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Pledge Agreement (KVH Industries Inc \De\), Pledge Agreement (KVH Industries Inc \De\)

Marshalling. The Lender We shall not be required to marshal any present or future collateral security (including but not limited to 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 the Our rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the Company You hereby agrees agree that it You will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Lender's Our 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, the Company may You hereby irrevocably waives waive the benefits of all such laws.

Appears in 2 contracts

Sources: Growth Capital Loan and Security Agreement (Gevo, Inc.), Growth Capital Loan and Security Agreement (Gevo, Inc.)

Marshalling. The Lender 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 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the 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 LenderSECURED PARTY'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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (Premier Exhibitions, Inc.), Security Agreement (Premier Exhibitions, Inc.)

Marshalling. The Lender shall not be required to marshal any present or future collateral security for (including but not limited to this Agreement and the Collateral) for), or other assurances of payment of, the Obligations 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 Lender’s rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company Pledgor hereby agrees that it will not invoke any law relating to the marshalling of or collateral which that might cause delay in or impede the enforcement of the Lender's ’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 Company Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Stock Pledge Agreement (Andover Medical, Inc.)

Marshalling. The Lender Investor shall not be required to marshal any present or future collateral security (including but not limited to 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the 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 Lender's Investor’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 each Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Emtec Inc/Nj)

Marshalling. The Lender shall not 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 Liabilities 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 Lender's rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security secu­rity and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company Borrower hereby agrees that it will not invoke any law relating to the marshalling of collateral which col­lateral that might cause delay in or impede the enforcement of the Lender's rights and remedies under this Agreement or under any other instrument creating or in­strument evidencing any of the Obligations Liabilities or under which any of the Obligations Liabilities is outstanding or by which any of the Obligations Liabilities is secured or payment thereof is otherwise assured, and, and to the extent that it lawfully may, may the Company Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Equity Interest Pledge Agreement (Aeropostale Inc)

Marshalling. 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company 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 Lender'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 Company Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Loan and Security Agreement (Moore Medical Corp)

Marshalling. The Lender Seller shall not be required to marshal any present or future collateral security (including but not limited to 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 Lender Seller hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the Company hereby agrees that it will not invoke any law relating to the marshalling marshaling of collateral which might cause delay in or impede the enforcement of the Lender's Seller’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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Onfolio Holdings, Inc)

Marshalling. The Lender Center shall not be required to marshal any present or future collateral security (including but not limited to the any Collateral) for, or other assurances of as 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the Company Grantors 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 LenderCenter'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 whereby which any of the Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, the Company Grantors hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Share Exchange Agreement (Social Investment Holdings, Inc.)

Marshalling. 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company Borrower hereby agrees that it will not invoke any law relating to the marshalling of collateral Collateral which might cause delay in or impede the enforcement of the Lender'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 Company Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Term Loan and Security Agreement (Cascade Corp)

Marshalling. The Lender Pledgee shall not be required to marshal any present or future collateral security for (including but not limited to this Pledge 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 Pledgee's rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company 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 LenderPledgee's rights and remedies 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, may the Company Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Stock Pledge Agreement (Charles River Associates Inc)

Marshalling. The Lender NMT 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company 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 LenderNMT'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 Company Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Loan and Security Agreement (Nitinol Medical Technologies Inc)

Marshalling. The Lender Agent shall not be required to marshal any present or future collateral security for (including but not limited to this Agreement and the 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 and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it the Pledgors lawfully may, the Company Pledgors hereby agrees agree that it the Pledgors will not invoke any law relating to the marshalling of collateral which that might cause delay in or impede the enforcement of the LenderAgent'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, and to the extent that it lawfully may, may the Company Pledgors hereby irrevocably waives waive the benefits of all such laws.

Appears in 1 contract

Sources: Pledge Agreement (Lojack Corp)

Marshalling. The Lender Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the Company Debtor 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 Lender's Collateral Agent’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 Company Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Franklin Covey Co)

Marshalling. The Lender Pledgee shall not be required to marshal ▇▇▇▇▇▇▇▇ any present or future collateral security for (including but not limited to this Pledge Agreement and the Collateral) forPledged Shares pledged hereunder), or other assurances of payment guaranties of, the Obligations obligations secured hereby or any of them them, or to resort to such collateral security or other assurances of payment guaranties in any particular order, ; and all of the its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security securities and other assurances of payment guaranties shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company Pledgor 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 Lender's Pledgee’s rights and remedies under this Pledge Agreement or under any other instrument creating or evidencing any of the Obligations obligations secured hereby or under which any of the Obligations is obligations secured hereby are outstanding or by which any of the Obligations is obligations secured hereby are secured or payment thereof is otherwise assuredguaranteed, and, and to the extent that it lawfully may, may the Company Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Pledge and Security Agreement (First Albany Companies Inc)

Marshalling. The Lender Purchaser shall not be required to marshal any present or future collateral security (including but not limited to 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the Company Issuers hereby agrees agree that it they will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Lender's Purchaser’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 Company Issuers hereby irrevocably waives waive the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Raybor Management Inc)

Marshalling. The Lender Investor shall not be required to marshal any present or future collateral security (including but not limited to 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the 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 LenderInvestor'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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Onstream Media CORP)

Marshalling. The Lender Agent shall not be required to marshal any present or future collateral security (including but not limited to 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the Company 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 Lender's Agent’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 Company Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Lydall Inc /De/)

Marshalling. The Lender HSI shall not be required to marshal any present or future collateral security (including but not limited to including, without limitation, 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the Company each Grantor 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 Lender's HSI’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 Company each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Biolase Technology Inc)

Marshalling. 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the 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 Lender'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 Obiigations 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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Credit Agreement (International Baler Corp)

Marshalling. The Lender Bank shall not be required to marshal any present or future collateral security (including but not limited to 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the Company each Grantor hereby agrees that it will not invoke any law relating to the marshalling of collateral which might 72387200_3 cause delay in or impede the enforcement of the Lender's Secured Parties’ 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 Company each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Craft Brew Alliance, Inc.)

Marshalling. The Lender Bank shall not be required to marshal any present or future collateral security for (including but not limited to this 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 Bank’s rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company 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 Lender's Bank’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, and to the extent that it lawfully may, the Company may Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Securities Pledge Agreement (Ultra Clean Holdings Inc)

Marshalling. The Lender Pledgee shall not be required to marshal ▇▇▇▇▇▇▇▇ any present or future collateral security for (including but not limited to this Pledge Agreement and the Collateral) forPledged Securities pledged hereunder), or other assurances of payment guaranties of, the Obligations obligations secured hereby or any of them them, or to resort to such collateral security or other assurances of payment guaranties in any particular order, ; and all of the its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security securities and other assurances of payment guaranties shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company Pledgor 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 Lender's Pledgee’s rights and remedies under this Pledge Agreement or under any other instrument creating or evidencing any of the Obligations obligations secured hereby or under which any of the Obligations is obligations secured hereby are outstanding or by which any of the Obligations is obligations secured hereby are secured or payment thereof is otherwise assuredguaranteed, and, and to the extent that it lawfully may, may the Company Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Pledge and Security Agreement (First Albany Companies Inc)

Marshalling. The Lender shall not be required to marshal any present or future collateral security (including but not limited to 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the Company 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 Lender's ’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 Company Guarantor hereby irrevocably waives the benefits of all such laws. 20.

Appears in 1 contract

Sources: Security Agreement

Marshalling. The Lender Agent shall not be required to marshal any present or future collateral security for (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 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 and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it the Pledgor lawfully may, the Company Pledgor hereby agrees that it the Pledgor will not invoke any law relating to the marshalling of collateral which that might cause delay in or impede the enforcement of the Lender's Agent’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 Obligations obligations is secured or payment thereof is otherwise assured, and, and to the extent that it the Pledgor lawfully may, may the Company Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Pledge Agreement (KVH Industries Inc \De\)

Marshalling. The Lender Collateral Agent 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remediesrights, however existing or arising. To the extent that it lawfully may, the Company Group hereby agrees that it will not invoke any law relating to the marshalling marshaling of collateral which might cause delay in or impede the enforcement of the Lender's Collateral Agent’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 Company Group hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Ipsidy Inc.)

Marshalling. The Lender shall not be required to marshal any present or future collateral security (including but not limited to 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 its rights and remedies of the Lender hereunder and of the Lender in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, the Company 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 Lender's ’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 Company Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Loan and Security Agreement (IEG Holdings Corp)