Common use of Marshalling Clause in Contracts

Marshalling. The 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 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, each Grantor hereby agrees that it shall not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’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, each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 8 contracts

Samples: Guarantee and Collateral Agreement (CareView Communications Inc), Guarantee and Collateral Agreement (PNG Ventures Inc), Control Agreement (Earth Biofuels Inc)

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Marshalling. The 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 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, each Grantor the Guarantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the 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 Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 8 contracts

Samples: Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/)

Marshalling. The Agent 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 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 their 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lenders’ 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, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 6 contracts

Samples: Security Agreement (SANUWAVE Health, Inc.), Security Agreement (SANUWAVE Health, Inc.), Security Agreement (SANUWAVE Health, Inc.)

Marshalling. The Agent 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 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, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lenders’ 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, each Grantor the Company hereby irrevocably waives the benefits of all such laws.

Appears in 4 contracts

Samples: Security Agreement (Future Now Group Inc.), Security Agreement (Converted Organics Inc.), Security Agreement (Smart Move, Inc.)

Marshalling. The Agent 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 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’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, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 3 contracts

Samples: Security Agreement (Modular Medical, Inc.), Security Agreement (SANUWAVE Health, Inc.), Security Agreement (Lydall Inc /De/)

Marshalling. The Agent 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 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, each Grantor the Guarantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’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, each Grantor the Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 3 contracts

Samples: Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/)

Marshalling. The 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 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, each Grantor the Guarantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the 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 Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 3 contracts

Samples: Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/)

Marshalling. The Agent 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 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, each the Grantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’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, each the Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 3 contracts

Samples: Security Agreement (Ecoark Holdings, Inc.), Security Agreement (Mod Pac Corp), Security Agreement (Pinnacle Data Systems Inc)

Marshalling. The Agent No Lender shall not be required to marshal any present or future collateral security for (including but not limited to this Agreement and including, without limitation, the 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 of its each of such Person’s 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 they lawfully may, each Grantor Lender hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lenders’ rights and remedies under this Agreement the Security Documents 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 they lawfully may, each Grantor Lender hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

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

Marshalling. The Agent 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 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lender'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, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Security Agreement (Stemtech Corp), Security Agreement (Kos Pharmaceuticals Inc)

Marshalling. The Collateral Agent 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, each Grantor Obligor hereby agrees that it shall not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’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, each Grantor Obligor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Security Agreement (Capitalsource Inc), Amended Security Agreement (Capitalsource Inc)

Marshalling. The Agent 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 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, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’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, each Grantor the Company hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

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

Marshalling. The Agent 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 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, each Grantor the Beneficiary hereby agrees that it shall not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’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, each Grantor the Beneficiary hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

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

Marshalling. The Agent Secured Parties shall not be required to marshal any present or future collateral security (including but not limited to this the 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 their 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, each Grantor the Pledgor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Secured Parties’ rights under this the 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, each Grantor the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

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

Marshalling. The Agent Trustee shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and including, without limitation, 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, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentTrustee’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, each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Security Agreement (Securus Technologies, Inc.), Copyright Security Agreement (Securus Technologies, Inc.)

Marshalling. The Administrative 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 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, each Grantor hereby agrees that it shall not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Administrative Agent’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, each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: And Collateral Agreement (Spanish Broadcasting System Inc), Guarantee and Collateral Agreement (Spanish Broadcasting System Inc)

Marshalling. The Agent Purchasers 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, each Grantor Grantors hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Purchasers’ 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, each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Assumption Agreement (Visual Networks Inc), Pledge and Security Agreement (Primal Solutions Inc)

Marshalling. The Agent We 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 Our 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, each Grantor You hereby agrees agree that it shall You will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’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, each Grantor may You hereby irrevocably waives waive the benefits of all such laws.

Appears in 2 contracts

Samples: Loan and Security Agreement (Gevo, Inc.), Loan and Security Agreement (Gevo, Inc.)

Marshalling. The 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 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, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling marshaling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’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, each Grantor the Company hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

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

Marshalling. The 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 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, each Grantor the Maker hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’s rights and remedies 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, each Grantor the Maker hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Security Agreement (Evolving Systems Inc), Security Agreement (Evolving Systems Inc)

Marshalling. The Agent 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 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, each Grantor Guarantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’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, each Grantor Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

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

Marshalling. The 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 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, each Grantor Grantors hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s '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, each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Assumption Agreement (Zila Inc), Security Agreement (Zila Inc)

Marshalling. The 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 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, each Grantor hereby agrees that it shall not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’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, each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Security Agreement (Avinger Inc), Security Agreement (Avinger Inc)

Marshalling. The Agent 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 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, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lender'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, each Grantor the Company hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

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

Marshalling. The Agent 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 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 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, each Grantor the Pledgor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which that might cause delay in or impede the enforcement of the Agent’s Lender'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, and to the extent that it lawfully may, each Grantor may the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

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

Marshalling. The Agent 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 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lender'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, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Fourth Agreement (Qep Co Inc)

Marshalling. The Agent 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 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral Collateral which might cause delay in or impede the enforcement of the Agent’s Lender'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, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Cascade Corp)

Marshalling. The Agent HSI shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and including, without limitation, 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, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentHSI’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, each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: And Restated Security Agreement (Biolase Technology Inc)

Marshalling. The 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 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, each Grantor Debtor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Collateral 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 Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Franklin Covey Co)

Marshalling. The Agent Purchaser 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, each Grantor Issuers hereby agrees agree that it shall they will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentPurchaser’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, each Grantor Issuers hereby irrevocably waives waive the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Raybor Management Inc)

Marshalling. The Agent 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 Secured 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 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which col­lateral that might cause delay in or impede the enforcement of the Agent’s Lender's rights under this Agreement or under any other instrument creating or in­strument evidencing any of the Secured Obligations Liabilities or under which any of the Secured Obligations Liabilities is outstanding or by which any of the Secured Obligations Liabilities is secured or payment thereof is otherwise assured, and, and to the extent that it lawfully may, each Grantor may the Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Equity Interest Pledge Agreement (Aeropostale Inc)

Marshalling. The Agent 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 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lender'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, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws. Section 19.

Appears in 1 contract

Samples: Patent Collateral Security Agreement

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Marshalling. The 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 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, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling marshaling of collateral which might cause delay in or impede the enforcement of the Collateral 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 Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor hereby irrevocably waives the benefits of all such laws...

Appears in 1 contract

Samples: Security Agreement (Iconix Brand Group, Inc.)

Marshalling. The Agent Investor 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, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Investor'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, each Grantor the Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Onstream Media CORP)

Marshalling. The Agent Purchasers 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, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Purchasers’ 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, each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Assumption Agreement (Precision Optics Corporation Inc)

Marshalling. The 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 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, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’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, each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Assumption Agreement (Rainmaker Systems Inc)

Marshalling. The Agent 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 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lender's rights and remedies 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, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Standard Management Corp)

Marshalling. The 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 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, each Grantor the Group hereby agrees that it shall will not invoke any law relating to the marshalling marshaling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’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, each Grantor the Group hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Ipsidy Inc.)

Marshalling. The 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 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, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling marshaling of collateral which might cause delay in or impede the enforcement of the Collateral 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 Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Iconix Brand Group, Inc.)

Marshalling. The Agent 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 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, each Grantor the Guarantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s NMT'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, each Grantor the Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

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

Marshalling. The Agent 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 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, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might 72387200_3 cause delay in or impede the enforcement of the Agent’s Secured Parties’ 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, each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

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

Marshalling. The Agent Investor 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, each Grantor Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentInvestor’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, each Grantor Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Emtec Inc/Nj)

Marshalling. The Agent 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 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 and, in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Debtor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’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, each Grantor the Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Pacificnet Inc)

Marshalling. The Neither the Agent nor any Institution 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, each Grantor Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s '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, each Grantor Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Amended and Restated Security Agreement (Finlay Fine Jewelry Corp)

Marshalling. The 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 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, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’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, each Grantor the Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Mac-Gray Corp)

Marshalling. The Agent 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 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’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, each Grantor the Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Loan and Security Agreement (IEG Holdings Corp)

Marshalling. The Agent Beneficiary shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the CollateralPersonal Property) 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, each Grantor Trustor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral Personal Property which might cause delay in or impede the enforcement of the AgentBeneficiary’s rights and remedies under this Agreement Deed of Trust 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, each Grantor Trustor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Utah Medical Products Inc)

Marshalling. The Agent Center shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the any Collateral) for, or other assurances of as 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, each Grantor Grantors hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Center'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 whereby which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor Grantors hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

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

Marshalling. The Agent 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 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lender'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, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Loan and Security Agreement (Moore Medical Corp)

Marshalling. The 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 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, each Grantor of the Companies hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s '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, each Grantor of the Companies hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Charlotte Russe Holding Inc)

Marshalling. The 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 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the 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 Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Lydall Inc /De/)

Marshalling. The Agent 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, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s 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, each Grantor the Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Proton Energy Systems Inc)

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