Common use of Marshalling Clause in Contracts

Marshalling. Neither the Agent nor any other Lender shall be required to marshal any present or future collateral security for (including, but not limited to, this Agreement and the Collateral), 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. All of the Agent’s rights and remedies hereunder and in respect of such security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that the Pledgor lawfully may, the Pledgor hereby agrees that the Pledgor will not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Agent’s rights under this Agreement or under any other instrument 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 he lawfully may, the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 3 contracts

Samples: Stock Pledge Agreement (Higher One Holdings, Inc.), Stock Pledge Agreement (Higher One Holdings, Inc.), Stock Pledge Agreement (Higher One Holdings, Inc.)

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Marshalling. Neither the The Collateral Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, this Agreement and to the Collateral)) for, or other assurances of payment of, the Secured Obligations, 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 Agent’s rights and remedies of the Collateral Agent 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 the Pledgor it lawfully may, the Pledgor Debtor hereby agrees that the Pledgor it will not invoke any law relating to the marshalling of collateral that 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 and, to the extent that he it lawfully may, the Pledgor Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 3 contracts

Samples: Security Agreement (Z Trim Holdings, Inc), Security Agreement (Z Trim Holdings, Inc), Security Agreement (Z Trim Holdings, Inc)

Marshalling. Neither the Agent Pledgee nor any other Lender Secured Party shall be required to marshal any present or future collateral security for (including, including but not limited to, to this Agreement and the CollateralPledged Shares), or other assurances of payment of, the Secured Obligations, Obligations or any of them, or to resort to such collateral security or other assurances of payment in any particular order. All of the Agent’s rights of the Pledgee and remedies the Secured Parties 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 the Pledgor it lawfully may, the Pledgor hereby agrees that the Pledgor it will not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the AgentPledgee’s rights under this Agreement or under any other instrument 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 he it lawfully may, the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Pledge Agreement, Pledge Agreement (Analogic Corp)

Marshalling. Neither the The Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Agreement and the Pledged Collateral), or other assurances of payment of, the Secured Obligations, Obligations or any of them, or to resort to such collateral security or other assurances of payment in any particular order. All of the Agent’s 's rights and remedies hereunder and in respect of such security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that the Pledgor lawfully may, the Pledgor hereby agrees that the Pledgor will not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Agent’s 's rights under this Agreement or under any other instrument evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations obligations is secured or payment thereof is otherwise assured, and to the extent that he the Pledgor lawfully may, may the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Pledge Agreement (KVH Industries Inc \De\), Pledge Agreement (KVH Industries Inc \De\)

Marshalling. Neither the Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Pledge Agreement and the Pledged Collateral), or other assurances of payment of, the Secured Obligations, Obligations or any of them, or to resort to such collateral security or other assurances of payment in any particular order. All of the AgentLender’s 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 rights, however existing or arising. To the extent that the Pledgor it lawfully may, the each Pledgor hereby agrees that the Pledgor it will not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the AgentLender’s rights under this Pledge Agreement or under any other instrument 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 he each Pledgor lawfully may, the such Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Loan and Security Agreement (Daegis Inc.), Loan and Security Agreement (Unify Corp)

Marshalling. Neither the The Collateral Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Pledge Agreement and the Pledged Collateral)) for, or other assurances of payment of, the Secured Obligations, 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 Agent’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 rights, however existing or arising. To the extent that the Pledgor it lawfully may, the each Pledgor hereby agrees that the Pledgor will it shall not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Collateral 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 and, to the extent that he it lawfully may, the such Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

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

Marshalling. Neither the Agent nor any other Lender Secured Party shall be required to marshal any present or future collateral security for (including, including but not limited to, to this Agreement and the Pledged Collateral)) for, or other assurances of payment of, the Secured Obligations, 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 Agent’s rights and remedies of the Agent hereunder and the Agent or any Secured Party 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 the Pledgor it lawfully may, the each Pledgor hereby agrees that the Pledgor 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 Agent’s '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 and, to the extent that he it lawfully may, the each Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Pledge Agreement (Allbritton Communications Co), Pledge Agreement (Allbritton Communications Co)

Marshalling. Neither the The Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Pledge Agreement and the Collateral), or other assurances of payment of, the Secured Obligations, Obligations or any of them, or to resort to such collateral security or other assurances of payment in any particular order. All of the Agent’s rights and remedies hereunder and in respect of such security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that the Pledgor lawfully may, the Pledgor hereby agrees that the Pledgor will not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Agent’s rights under this Pledge Agreement or under any other instrument 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 he it lawfully may, may the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Pledge and Security Agreement (Vringo Inc)

Marshalling. Neither the The Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Agreement and the Collateral), or other assurances of payment of, the Secured Obligations, Obligations or any of them, or to resort to such collateral security or other assurances of payment in any particular order. All of the Agent’s 's rights and remedies hereunder and in respect of such security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that the Pledgor Pledgors lawfully may, the Pledgor Pledgors hereby agrees agree that the Pledgor Pledgors will not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Agent’s 's rights under this Agreement or under any other instrument 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 he it lawfully may, may the Pledgor Pledgors hereby irrevocably waives waive the benefits of all such laws.

Appears in 1 contract

Samples: Pledge Agreement (Lojack Corp)

Marshalling. Neither the The Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Agreement and the Pledged Collateral), or other assurances of payment of, the Secured Obligations, Obligations or any of them, or to resort to such collateral security or other assurances of payment in any particular order. All of the Agent’s rights and remedies hereunder and in respect of such security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that the Pledgor lawfully may, the Pledgor hereby agrees that the Pledgor will not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Agent’s rights under this Agreement or under any other instrument evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations obligations is secured or payment thereof is otherwise assured, and to the extent that he the Pledgor lawfully may, may the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Pledge Agreement (KVH Industries Inc \De\)

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Marshalling. Neither the Agent nor any other Lender Bank shall be required to marshal any present or future collateral security for (including, but not limited to, including this Agreement and the Pledged Collateral)) for, or other assurances of payment of, the Secured Obligations, 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 Agent’s rights and remedies of the Agent hereunder and the Co-Agents or any Bank 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 the Pledgor it lawfully may, the Pledgor hereby agrees that the Pledgor it will not invoke any applicable law relating to the marshalling of collateral that or assurances of payment which might cause delay in or impede the enforcement of the Agent’s '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 and, to the extent that he they lawfully may, the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Borrower Stock Pledge Agreement (Connectivity Technologies Inc)

Marshalling. Neither the Agent nor any other Lender (a) Pledgee shall not be required to marshal any present or future collateral security for (including, including but not limited to, this Agreement and to any of the Aggregate Collateral)) for, or other assurances of payment of, the Secured Obligations, 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 its rights hereunder and under the Agent’s rights and remedies hereunder other Loan Documents and in respect of such the collateral security hereunder and thereunder and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that the Pledgor it lawfully may, the each of Guarantor and Pledgor hereby agrees that the Pledgor it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Agent’s Pledgee's rights under this Pledge Agreement, 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 and, to the extent that he it lawfully may, the each of Guarantor and Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Stock Pledge Agreement (Firstcity Financial Corp)

Marshalling. Neither the Agent nor any other Lender Pledgees shall not be required to marshal any present ----------- or future collateral security for (including, but not limited to, this Agreement and the Collateral), 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. All of the Agent’s Pledgees' rights and remedies hereunder and in respect of such security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that the Pledgor lawfully may, the Pledgor hereby agrees that the Pledgor will not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Agent’s Pledgees' rights under this Agreement or under any other instrument 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 he it lawfully may, the Pledgor hereby irrevocably waives the benefits of all such laws. 25.

Appears in 1 contract

Samples: Custody, Pledge and Security Agreement (Orbit International Corp)

Marshalling. Neither the Agent nor any other Lender Secured Party shall be required to marshal any present or future collateral security for (including, including but not limited to, to this Agreement and the Pledged Collateral)) for, or other assurances of payment of, the Secured Obligations, 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 Agent’s rights and remedies of the Agent hereunder and the Agent or any Secured Party 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 the Pledgor it lawfully may, the Pledgor hereby agrees that the Pledgor 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 Agent’s '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 and, to the extent that he it lawfully may, the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Pledge of Membership Interests Agreement (Allbritton Communications Co)

Marshalling. Neither the Agent nor any other Lender Pledgees shall not be required to marshal any present ----------- or future collateral security for (including, but not limited to, this Agreement and the Collateral), 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. All of the Agent’s Pledgees' rights and remedies hereunder and in respect of such security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that the Pledgor lawfully may, the Pledgor hereby agrees that the Pledgor will not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Agent’s Pledgees' rights under this Agreement or under any other instrument 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 he it lawfully may, the Pledgor hereby irrevocably waives the benefits of all such laws. 25.

Appears in 1 contract

Samples: Pledge and Security Agreement (Orbit International Corp)

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