Common use of Marshalling Clause in Contracts

Marshalling. The Secured Party shall not be required to marshal any present or future collateral security for (including but not limited to this Agreement and the Securities Collateral), 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. All of the Secured Party’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 that might cause delay in or impede the enforcement of the Secured Party’s rights under this Agreement or under any other instrument 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.

Marshalling. The Secured Party 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. All , and all of the Secured Party’s 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, the Company Debtor hereby agrees that it will not invoke any law relating to the marshalling or separate sale of collateral that which might cause delay in or impede the enforcement of the Secured Party’s rights and remedies under this Security Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and and, to the extent that it lawfully may may, the Company Debtor hereby irrevocably waives the benefits of all such laws.

Marshalling. The Secured Party 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. All , and all of the Secured Party’s 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 that which might cause delay in or impede the enforcement of the 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 and, to the extent that it lawfully may may, the Company Debtor hereby irrevocably waives the benefits of all such laws.

Marshalling. The Secured Party 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. All , and all of the Secured Party’s 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 each of them lawfully may, the Company Debtors hereby agrees agree that it each of them will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and and, to the extent that it each of them lawfully may may, the Company Debtors hereby irrevocably waives waive the benefits of all such laws.

Marshalling. The Secured Party shall not be required to marshal any present or future collateral security for (including but not limited to this Agreement and the Securities Collateral), 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. All of the Secured Party’s '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 that might cause delay in or impede the enforcement of the Secured Party’s 's rights under this Agreement or under any other instrument 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.

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

Marshalling. The Secured Party 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. All , and all of the Secured Party’s 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, the Company Debtor hereby agrees that it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and and, to the extent that it lawfully may may, the Company Debtor hereby irrevocably waives the benefits of all such laws. 20.

Marshalling. The Secured Party shall not be required to marshal any present or future collateral security for (including but not limited to to, this Agreement and the Securities 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. All , and all of the Secured Party’s 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 Pledgor hereby agrees that it will shall not invoke any law Law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the 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 and, to the extent that it lawfully may may, the Company Pledgor hereby irrevocably waives the benefits of all such lawsLaws.

Marshalling. The Secured Party 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 Secured Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Secured Party’s 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 Grantors hereby agrees agree that it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the 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 and, to the extent that it lawfully may may, the Company Grantors hereby irrevocably waives waive the benefits of all such laws.

Marshalling. The Secured Party 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 reso1i to such collateral security or other assurances of payment in any ai1y particular order. All , and all of the Secured Party’s 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, the Company Debtor hereby agrees that it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party’s 's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and and, to the extent that it lawfully may may, the Company Debtor hereby irrevocably waives the benefits of all such laws.

Marshalling. The Secured Party PSE 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 Secured Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Secured Party’s 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, the Company Commerce Energy hereby agrees that it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured PartyPSE’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 and, to the extent that it lawfully may the Company may, Commerce Energy hereby irrevocably waives the benefits of all such laws.

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

Marshalling. The Secured Party shall not be required to marshal any present or future collateral security for (including including, but not limited to to, this Security 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. All , and all of the Secured Party’s his 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 Debtor agrees that it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party’s 's rights under this Security Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and and, to the extent that it lawfully may may, the Company Debtor hereby irrevocably waives the benefits of all such laws.

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

Marshalling. The Secured Party 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 Loan Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Secured Party’s 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, the Company Debtor hereby agrees that it will not invoke any law relating to the marshalling or separate sale of collateral that which might cause delay in or impede the enforcement of the Secured Party’s rights and remedies under this Security Agreement or under any other instrument creating or evidencing any of the Loan Obligations or under which any of the Loan Obligations is outstanding or by which any of the Loan Obligations is secured or payment thereof is otherwise assured, and and, to the extent that it lawfully may may, the Company Debtor hereby irrevocably waives the benefits of all such laws.

Marshalling. The Secured Party 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. All , and all of the Secured Party’s 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, the Company Debtors hereby agrees agree that it they will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and and, to the extent that it lawfully may may, the Company Debtors hereby irrevocably waives waive the benefits of all such laws.

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

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

Marshalling. The Secured Party 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 assurance 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. All , and all of the rights and remedies of the Secured Party’s rights Party 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 that which might cause delay in or impede the enforcement of the Secured Party’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and to the extent that it lawfully may the Company hereby irrevocably waives the benefits of all such laws.

Marshalling. The Secured Party 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. All , and all of the rights of the Secured Party’s rights Party 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 that which might cause delay in or impede the enforcement of the 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 and, to the extent that it lawfully may may, the Company hereby irrevocably waives the benefits of all such laws.

Marshalling. The Secured Party Collateral Agent shall not be required to marshal any present or future collateral security for (including but not limited to this Security Agreement and the Securities 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. All , and all of the Secured Party’s 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 each Grantor hereby agrees that it will shall not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party’s 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 and, to the extent that it lawfully may the Company may, each Grantor hereby irrevocably waives the benefits of all such laws.

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

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

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

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

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

Marshalling. The Secured Party shall not be required to marshal any present or future collateral security for (including including, but not limited to to, this Agreement and the Securities Pledged Collateral)) for, or other assurances of payment of, the Secured Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the rights of the Secured Party’s rights Party hereunder and or 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 Each Grantor hereby agrees that it will not invoke any applicable law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party’s rights under this Agreement or under any other instrument Instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and to the extent that it lawfully may the Company each Grantor hereby irrevocably waives the benefits of all such laws.

Marshalling. The Secured Party 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. All , and all of the Secured Party’s 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, the Company Debtor hereby agrees that it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party’s rights and remedies under this Agreement Agreement, the Guaranty 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, Debtor hereby irrevocably waives the benefits of all such laws.

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

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

Marshalling. The Secured Party TPS 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 Secured Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Secured Party’s 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, the Company Commerce Energy hereby agrees that it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party’s TPS’ 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 and, to the extent that it lawfully may the Company may, Commerce Energy hereby irrevocably waives the benefits of all such laws.

Marshalling. The Secured Party 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 Collateral security or other assurances of payment in any particular order. All , and all of the Secured Party’s its rights and remedies hereunder and in respect of such collateral 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, the Company Debtor hereby agrees that it will not invoke any law relating to the marshalling of collateral that Collateral which might cause delay in or impede the enforcement of the Secured Party’s rights and remedies under this Agreement, the Notes, the Purchase 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, Debtor hereby irrevocably waives the benefits of all such laws.

Marshalling. The Secured Party 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 Loan Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Secured Party’s 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, the Company Debtor hereby agrees that it will not invoke any law relating to the marshalling of collateral that Collateral which might cause delay in or impede the enforcement of the Secured Party’s 's or the Banks' rights and remedies under this Security Agreement or under any other instrument creating or evidencing any of the Loan Obligations or under which any of the Loan Obligations is outstanding or by which any of the Loan Obligations is secured or payment thereof is otherwise assured, and and, to the extent that it lawfully may may, the Company Debtor hereby irrevocably waives the benefits of all such laws.

Marshalling. The Secured Party 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 Loan Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Secured Party’s 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, the Company Debtor hereby agrees that it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Secured Party’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Loan Obligations or under which any of the Loan Obligations is outstanding or by which any of the Loan Obligations is secured or payment thereof is otherwise assured, and and, to the extent that it lawfully may may, the Company Debtor hereby irrevocably waives the benefits of all such laws.

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