Common use of Waiver of Marshalling of Assets Defense Clause in Contracts

Waiver of Marshalling of Assets Defense. To the --------------------------------------- fullest extent that Borrower and Operator may legally do so, each of Borrower and Operator waives all rights to a marshalling of the assets of Borrower or Operator, and others with interests in Borrower or Operator, and of the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of the Facility for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender to the payment of the Indebtedness in preference to every other claimant whatsoever.

Appears in 2 contracts

Samples: Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc)

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Waiver of Marshalling of Assets Defense. To the --------------------------------------- fullest extent that Borrower and Operator may legally do so, each of Borrower and Operator waives all rights to a marshalling of the assets of Borrower or Operator, and others with interests in Borrower or Operator, and of the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of the Facility for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender to the payment of the Indebtedness in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Living Communities Inc)

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Waiver of Marshalling of Assets Defense. To the --------------------------------------- fullest extent that Borrower and Operator may legally do so, each of Borrower and Operator waives all rights to a marshalling of the assets of Borrower or Operator, and others with interests in Borrower or Operator, and of the Mortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of the interests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, 129 reduce or affect the right of Lender under the Loan Documents to a sale of the Facility for the collection of the Indebtedness without any prior or different resort for collection, or the right of Lender to the payment of the Indebtedness in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Living Communities Inc)

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