Common use of Marshalling Clause in Contracts

Marshalling. The 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 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, 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 Bank'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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 5 contracts

Samples: Credit Agreement (Eltrax Systems Inc), Revolving Credit Agreement (Expert Software Inc), Security Agreement (Eroom Technology Inc)

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Marshalling. The Bank 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 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, 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 Bank's Secured Party’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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 4 contracts

Samples: Security Agreement (Digipath, Inc.), Security Agreement (Digipath, Inc.), Security Agreement (Digipath, Inc.)

Marshalling. The Bank 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 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, 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 BankLender'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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 3 contracts

Samples: Security Agreement (Precision Optics Corporation, Inc.), Security Agreement (Syndicated Food Service International Inc), Security Agreement (Cohesant Inc.)

Marshalling. The Bank 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 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, 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 Bank's Secured Party’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 Company Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Junior Subordinated (Pw Eagle Inc), Senior Subordinated (Pw Eagle Inc)

Marshalling. The Bank 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 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, 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 Bank's Lender’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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

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

Marshalling. The 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 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, 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 Bank'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, to the extent that it lawfully may, the Company Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

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

Marshalling. The Bank 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 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, 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 BankSECURED PARTY'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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Security Agreement (Premier Exhibitions, Inc.), Exhibit 10 (Premier Exhibitions, Inc.)

Marshalling. The Bank 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 its the Lender'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 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 BankLender's rights under this Agreement or under any other instrument creating or 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 hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Stock Pledge Agreement (Microfluidics International Corp)

Marshalling. The Bank 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 its the Lender’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 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 Bank's Lender’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 Company Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

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

Marshalling. The 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 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, 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 Bank'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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (DSL Net Inc)

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Marshalling. The Bank 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 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, 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 BankLender's rights 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

Samples: Revolving Note and Credit Agreement Modification Agreement (International Baler Corp)

Marshalling. The Bank Lenders 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 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, 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 Bank's Lenders’ 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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (AdvanSource Biomaterials Corp)

Marshalling. The 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 its Bank’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 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 Bank'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, the Company may Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Securities Pledge Agreement (Ultra Clean Holdings Inc)

Marshalling. The Bank 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 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, 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 Bank's Secured Party’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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Settlement Agreement and Mutual Release (Hemosense Inc)

Marshalling. The Bank 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 its the Bank'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 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 Bank'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 Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Revolving Credit Agreement (Expert Software Inc)

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