Common use of Marshalling Clause in Contracts

Marshalling. The 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 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 Purchaser’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 5 contracts

Samples: And Collateral Agreement, Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (AxoGen, Inc.)

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Marshalling. The Purchaser Secured Party 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 Purchaser’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 Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 3 contracts

Samples: Security Agreement (Sedona Corp), Security Agreement (Sedona Corp), Security Agreement (Sedona Corp)

Marshalling. The Purchaser 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 the rights and remedies of the Lender hereunder and of the Lender 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 Purchaser’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 (Aspect Medical Systems Inc), Security Agreement (Somanta Pharmaceuticals Inc.)

Marshalling. The Purchaser Security Trustee shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Pledged 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 Pledgor 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 PurchaserSecurity Trustee’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 Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Pledge Agreement (Borse Dubai LTD), Pledge Agreement (Borse Dubai LTD)

Marshalling. The Purchaser 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, the Company and 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 Purchaser’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, the Company and each Grantor Guarantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Security Agreement (Pc Ephone Inc), Security Agreement (Pc Ephone Inc)

Marshalling. The Purchaser Pledgee shall not be required to marshal any ----------- present or future collateral security for (including including, but not limited to 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 Pledgee'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 Purchaser’s Pledgee's rights under this Agreement Agreement, or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding 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 the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Stock Pledge Agreement (Chancellor Corp)

Marshalling. The Purchaser 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 the rights hereunder and remedies of the Lender 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 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 Purchaser’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 Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Miller Industries Inc /Tn/)

Marshalling. The Purchaser 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 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 PurchaserLender’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 (Stran & Company, Inc.)

Marshalling. The Purchaser Agent shall not be required to marshal any present or future collateral security (including but not limited to this Pledge Agreement and the Pledged 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 Pledgor 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 Purchaser’s Agent'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 Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Pledge Agreement (Telex Communications International LTD)

Marshalling. The Purchaser Bank shall not be required to marshal any present or future collateral security (including including, but not limited to to, this Agreement and the Security Agreement 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 the rights of the Bank 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, each Grantor the Borrower hereby agrees that it shall will not invoke any law Applicable Law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Purchaser’s Bank'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, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Edison Schools Inc)

Marshalling. The Purchaser Security Agent shall not be required to marshal any present or future collateral security (including including, but not limited to 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 fullest extent that it lawfully maypermitted by law, each the 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 Purchaser’s Security 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 fullest extent that it lawfully maypermitted by law, each the Grantor hereby irrevocably waives the benefits of all such laws.. ARTICLE 14

Appears in 1 contract

Samples: Security and Pledge Agreement (Genesys Sa)

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Marshalling. The Purchaser Secured Party 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 PurchaserSecured 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 Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Sedona Corp)

Marshalling. The Purchaser 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 PurchaserLender’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 Agreement (K-Sea Transportation Partners Lp)

Marshalling. The Purchaser 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 Obligor 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 Purchaser’s 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 the Obligors hereby irrevocably waives waive the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Sos Staffing Services Inc)

Marshalling. The Purchaser Pledgee shall not be required to marshal any present or ----------- future collateral security for (including including, but not limited to 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 Pledgee'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 Purchaser’s Pledgee's rights under this Agreement Agreement, or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding 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 the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Stock Pledge Agreement (Chancellor Corp)

Marshalling. The Purchaser 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 Purchaser’s 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 1 contract

Samples: Control Agreement (Spanish Broadcasting System Inc)

Marshalling. The Purchaser 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 by Agent of the Purchaser’s Secured Parties’ 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 Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Credit Agreement (Protective Products of America, Inc.)

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