Common use of Marshaling Clause in Contracts

Marshaling. Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders to marshal any property of the Company or any guarantor of the Senior Debt for the benefit of Subordinated Creditor.

Appears in 9 contracts

Samples: Subordination and Intercreditor Agreement (Volta Inc.), Subordination and Intercreditor Agreement (Volta Inc.), Subordination Agreement

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Marshaling. Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Senior Creditor Agent or Senior Lenders to marshal any property of the Company or any guarantor of the Senior Debt for the benefit of Subordinated Creditor.

Appears in 5 contracts

Samples: Subordination Agreement (Nobilis Health Corp.), Subordination Agreement (Navidea Biopharmaceuticals, Inc.), Subordination and Intercreditor Agreement (BG Medicine, Inc.)

Marshaling. Each Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders to marshal any property of the any Company or any guarantor of other obligor on the Senior Debt for the benefit of such Subordinated Creditor.

Appears in 4 contracts

Samples: Subordination and Intercreditor Agreement (Earth Biofuels Inc), Subordination and Intercreditor Agreement (Earth Biofuels Inc), Subordination and Intercreditor Agreement (PNG Ventures Inc)

Marshaling. Subordinated Creditor Lender hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders to marshal any property of the Company Borrower or any other guarantor of the Senior Debt Loans for the benefit of Subordinated CreditorLender.

Appears in 4 contracts

Samples: Subordination Agreement (Neos Therapeutics, Inc.), Subordination Agreement (Neos Therapeutics, Inc.), Facility Agreement (Neos Therapeutics, Inc.)

Marshaling. The Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or any Senior Lenders Secured Party to marshal any property of the any Company or of any guarantor or other obligor of the Senior Debt for the benefit of the Subordinated Creditor.

Appears in 4 contracts

Samples: Subordination and Intercreditor Agreement (Telos Corp), Subordination and Intercreditor Agreement (Telos Corp), Subordination and Intercreditor Agreement (Telos Corp)

Marshaling. Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders to marshal any property of the Company any Borrower or any guarantor of the Senior Debt for the benefit of Subordinated Creditor.

Appears in 2 contracts

Samples: Subordination Agreement (Mediabay Inc), Subordination and Intercreditor Agreement (Mediabay Inc)

Marshaling. The Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Senior Agent or and the other Senior Lenders Lender Parties to marshal any property of the any Company or any Subsidiary of any Company or any guarantor of the Senior Debt for the benefit of the Subordinated Creditor.

Appears in 2 contracts

Samples: Subordination Agreement, Subordination Agreement (SOCIAL REALITY, Inc.)

Marshaling. Subordinated Creditor hereby waives any rights it the Subordinated Creditor may have under applicable law to assert the doctrine of marshaling or to otherwise require Senior Agent or Senior Lenders to marshal any property of the Company any Obligor or any guarantor of the Senior Debt for the benefit of Subordinated Creditor.

Appears in 2 contracts

Samples: Subordination and Intercreditor Agreement (P&f Industries Inc), Subordination and Intercreditor Agreement (P&f Industries Inc)

Marshaling. Each Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders to marshal any property of the Company or any guarantor of other obligor on the Senior Debt for the benefit of such Subordinated Creditor.

Appears in 2 contracts

Samples: Subordination and Intercreditor Agreement (PNG Ventures Inc), Subordination and Intercreditor Agreement (Sandell Asset Management Corp)

Marshaling. Each Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or any Senior Lenders Secured Party to marshal any property of the Company or of any guarantor or other obligor of the Senior Debt for the benefit of any Subordinated Creditor.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Streamline Health Solutions Inc.)

Marshaling. Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Senior Agent or Senior Lenders to marshal any property of the Company or any guarantor of the Senior Debt for the benefit of Subordinated Creditor.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (P&f Industries Inc)

Marshaling. Each Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or any Senior Lenders Secured Party to marshal any property of the any Company or of any guarantor or other obligor of the Senior Debt for the benefit of any Subordinated Creditor.

Appears in 1 contract

Samples: Credit Agreement (FTE Networks, Inc.)

Marshaling. Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders GE Capital to marshal any property of the Company or any guarantor of the Senior Debt for the benefit of Subordinated Creditor.

Appears in 1 contract

Samples: Note Purchase Agreement (Precision Therapeutics Inc)

Marshaling. Each Subordinated Creditor Lender hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders to marshal any property of the Company any Loan Party or any guarantor of the Senior Debt Loans for the benefit of any Subordinated CreditorLender.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Furiex Pharmaceuticals, Inc.)

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Marshaling. Each Subordinated Creditor hereby waives any rights it he may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders Lender to marshal any property of the Company or any guarantor of the Senior Debt Credit Party for the benefit of such Subordinated Creditor.

Appears in 1 contract

Samples: Intercreditor Agreement (Midwest Energy Emissions Corp.)

Marshaling. Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders Creditor to marshal any property of the Company any Loan Party or of any other guarantor or obligor of the Senior Debt for the benefit of Subordinated Creditor.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Sifco Industries Inc)

Marshaling. Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders to marshal any property of the Company or any guarantor of the Senior Debt Loan Party for the benefit of Subordinated Creditor.

Appears in 1 contract

Samples: Subordination Agreement (Interhealth Facility Transport, Inc.)

Marshaling. Subordinated Creditor Lender hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders to marshal any property of the Company any Credit Party or any guarantor of the Senior Debt Loans for the benefit of Subordinated CreditorLender. Subordinated Lender waives the benefits, if any, of any statutory or common law rule that may permit a subordinating creditor to assert any defenses of a surety or guarantor. Subordinated Lender agrees that it shall not assert any such defenses or rights.

Appears in 1 contract

Samples: Subordination Agreement (Twinlab Consolidated Holdings, Inc.)

Marshaling. Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or and the Senior Lenders to marshal any property of the Company or any guarantor of the Senior Debt for the benefit of Subordinated Creditor.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (United Mortgage Trust)

Marshaling. Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders to marshal any property of the Company or any guarantor of the Senior Debt MediaBay for the benefit of Subordinated Creditor.

Appears in 1 contract

Samples: Subordination Agreement (Mediabay Inc)

Marshaling. Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require First Lien Collateral Agent or Senior Lenders to marshal any property of the Company or any guarantor of the Senior Debt Guarantor for the benefit of Subordinated Creditor.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Digital Domain Media Group, Inc.)

Marshaling. The Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require the Senior Agent or Senior Lenders to marshal any property of the Company or any guarantor of the Senior Debt Collateral for the benefit of the Subordinated Creditor.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement

Marshaling. Each Subordinated Creditor hereby waives any rights it may have under applicable law to assert the doctrine of marshaling or to otherwise require Agent or Senior Lenders to marshal any property of the Company or any guarantor of the Senior Debt for the benefit of such Subordinated Creditor.

Appears in 1 contract

Samples: Affiliate Subordination Agreement (Unigene Laboratories Inc)

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