Common use of Marshalling Clause in Contracts

Marshalling. None of the Administrative Agent nor any Secured Party shall 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 Administrative Agent’s rights hereunder and of the Secured Parties and the Administrative Agent 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 Pledgor 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 Administrative Agent’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 such Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 4 contracts

Samples: Credit Agreement (Harris Interactive Inc), Credit Agreement (Harris Interactive Inc), Credit Agreement (Harris Interactive Inc)

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Marshalling. None of Neither the Administrative Agent nor any other Secured Party shall be required to marshal any present or future collateral security for (including but not limited to this Pledge 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 Administrative Agent’s its rights hereunder and of the Secured Parties and the Administrative Agent 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 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 rights of the Administrative Agent’s rights Agent or any other Secured Party 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 it lawfully may such may, each Pledgor hereby irrevocably waives the benefits of all such lawsLaws.

Appears in 2 contracts

Samples: Pledge Agreement (Medpace Holdings, Inc.), Credit Agreement (Medpace Holdings, Inc.)

Marshalling. None of Neither the Administrative Agent nor any other 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 Securities Pledged 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 Administrative Agent’s rights hereunder and the rights of the Secured Parties and the Administrative Agent and the other Secured Parties 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 Pledgor 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 Administrative Agent’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 such may, each Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Cra International, Inc.), Securities Pledge Agreement (Cra International, Inc.)

Marshalling. None of the Administrative Agent nor any Secured Party Lender shall 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 Administrative Agent’s rights hereunder and of the Secured Parties Lenders and the Administrative Agent 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 Pledgor 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 Administrative Agent’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 such Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Credit Agreement (Harris Interactive Inc), Master Securities Pledge Agreement (Harris Interactive Inc)

Marshalling. None of Neither the Administrative Agent nor any other Secured Party shall be required to marshal any present or future collateral security for (including but not limited to this Agreement and the Securities Pledged 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 Administrative Agent’s rights hereunder and of the Administrative Agent and the other Secured Parties and the Administrative Agent 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 Pledgor 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 Administrative Agent’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 such may, each Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Cra International, Inc.), Credit Agreement (Cra International, Inc.)

Marshalling. None of the Administrative Agent nor any The Secured Party Parties 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 Administrative Agent’s rights and remedies of the Secured Parties hereunder and of the Secured Parties and the Administrative Agent 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 Pledgor of the Pledgors hereby agrees that it will not invoke any law Applicable Law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Administrative Agent’s Secured Parties’ 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 such Pledgor may, each of the Pledgors hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Samples: Security Agreement (RS Properties I LLC), Security Agreement (Perlman Richard E)

Marshalling. None of Neither the Administrative Agent nor any Secured Party Lender shall 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 rights and remedies of the Administrative Agent’s rights Agent or any Lender hereunder and of the Secured Parties and the Administrative Agent or any 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 Pledgor 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 Administrative 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 it lawfully may such may, each Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Marshalling. None of Neither the Administrative Security Agent nor any other Secured Party shall be required to marshal any present or future collateral security for (including but not limited to this Pledge 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 Administrative Agent’s its rights hereunder and of the Secured Parties and the Administrative Agent 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 the 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 Administrative Agent’s rights of the Security Agent or any other Secured Party 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 it lawfully may such may, the Pledgor hereby irrevocably waives the benefits of all such lawsLaws.

Appears in 1 contract

Samples: Pledge Agreement (Golden Meditech Holdings LTD)

Marshalling. None of Neither the Administrative Agent nor any Secured Party Lender shall 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 rights and remedies of the Administrative Agent’s rights Agent or any Lender hereunder and of the Secured Parties and the Administrative Agent or any 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 Pledgor 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 Administrative Agent’s rights and remedies under this Credit 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 such may, each Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Marshalling. None of Except to the Administrative Agent nor any extent otherwise provided in Credit Agreement and the related supplements, 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 Administrative Agent’s its rights and remedies hereunder and of the Secured Parties and the Administrative Agent 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 Pledgor the 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 Administrative AgentSecured 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 such Pledgor may, the Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Renewable Energy Group, Inc.)

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Marshalling. None of the Administrative Agent nor any The Secured Party Parties 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 Administrative Agent’s rights and remedies of the Secured Parties hereunder and of the Secured Parties and the Administrative Agent 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 Pledgor of the Pledgors hereby agrees that it will not invoke any law Applicable Law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Administrative Agent’s Secured Parties' 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 such Pledgor may, each of the Pledgors hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Kronos Advanced Technologies Inc)

Marshalling. None of Neither the Administrative Agent nor any Secured Party Lender shall 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 and remedies of the Administrative Agent’s rights Agent or any Lender hereunder and of the Secured Parties and the Administrative Agent or any 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 Pledgor 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 Administrative Agent’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 such Pledgor may, the Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Term Loan Agreement (American Skiing Co /Me)

Marshalling. None of Neither the Administrative Agent nor any Secured Party Lender shall 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 and remedies of the Administrative Agent’s rights Agent or any Lender hereunder and of the Secured Parties and the Administrative Agent or any 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 Pledgor 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 Administrative Agent’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 such Pledgor may, each Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Quaker Fabric Corp /De/)

Marshalling. None of Neither the Administrative Agent nor any Secured Party Lender shall 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 and remedies of the Administrative Agent’s rights Agent or any Lender hereunder and of the Secured Parties and the Administrative Agent or any 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 Pledgor 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 Administrative Agent’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 such Pledgor may, the Company hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Samples: Security Agreement (Blue Steel Capital Corp)

Marshalling. None of Except as otherwise provided by applicable law, neither the Administrative Agent nor any Secured Party of the Lenders shall 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 Administrative Agent’s rights hereunder and of the Secured Parties and the Administrative Agent Lenders 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 they lawfully may, each Pledgor of the Pledgors 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 Administrative Agent’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 such Pledgor may, each of the Pledgors hereby irrevocably waives waive the benefits of all such laws.

Appears in 1 contract

Samples: Securities Pledge Agreement (EPL Intermediate, Inc.)

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