Common use of Waiver of Marshaling Clause in Contracts

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (a) Secured Party is under no obligation to marshal any Collateral; (b) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 18 contracts

Samples: Pledge Agreement (Lytus Technologies Holdings PTV. Ltd.), Pledge Agreement (QC Holdings, Inc.), Pledge Agreement (Tri-S Security Corp)

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Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (ai) Secured Party is under no obligation to marshal any Collateral; (bii) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 7 contracts

Samples: Financing Agreement (Gart Sports Co), Financing Agreement (Sports Authority Inc /De/), Loan and Security Agreement (Network Computing Devices Inc)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (ai) Secured Party is under no obligation to marshal any Collateral; (bii) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Each Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 6 contracts

Samples: Stock Pledge Agreement (National Media Corp), Stock Pledge Agreement (Stormedia Inc), Stock Pledge Agreement (Futurelink Corp)

Waiver of Marshaling. Each of the Pledgor and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (a) the Secured Party is under no obligation to marshal any Collateral; (b) may, in its his absolute discretion, realize upon the Collateral in any order and in any manner it he so elects; and (c) may, in its his absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it he so elects. The Pledgor and the Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 4 contracts

Samples: Pledge Agreement (Organic Plant Health Inc.), Stock Pledge Agreement (Decor Products International, Inc.), Stock Pledge Agreement (Open Energy Corp)

Waiver of Marshaling. Each of Pledgor and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Pledged Collateral, the Secured Party: (ai) Secured Party is under no obligation to marshal any Pledged Collateral; (bii) may, in its absolute discretion, realize upon the Pledged Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, shall apply the proceeds of any or all of the Pledged Collateral to the Secured Obligations in any order and in any manner it so electsaccordance with the Purchase Agreement. Each Pledgor and the Secured Party waive any right to require the marshaling of any of the Pledged Collateral.

Appears in 3 contracts

Samples: Pledge Agreement, Pledge Agreement (Vintage Capital Group, LLC), Pledge Agreement (Caprius Inc)

Waiver of Marshaling. Each of the Pledgor and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (a) the Secured Party is under no obligation to marshal any Collateral; (b) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. The Pledgor and the Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 2 contracts

Samples: Stock Pledge Agreement (Helix Wind, Corp.), Stock Pledge Agreement (Helix Wind, Corp.)

Waiver of Marshaling. Each of the Pledgor and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral, the Secured Party: (a) Secured Party is under no obligation to marshal any Collateral; (b) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. The Pledgor and the Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 2 contracts

Samples: Stock Pledge Agreement (National Storm Management Inc.), Pledge and Security Agreement (GTJ REIT, Inc.)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (ai) Secured Party is under no obligation to marshal any Collateral; and (bii) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 2 contracts

Samples: Stock Pledge Agreement (Family Restaurants), Stock Pledge Agreement (Family Restaurants)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges acknowledge and agrees agree that in exercising any rights under or with respect to the Collateral: (ai) Secured Party is under no obligation to marshal any Collateralcollateral pledged to it; (bii) may, in its absolute discretion, realize upon the such Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the such Collateral to the Secured Obligations obligations secured by the Collateral in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 2 contracts

Samples: Stock Pledge Agreement (United Heritage Corp), Stock Pledge Agreement (Continental Resources Inc)

Waiver of Marshaling. Each of the Pledgor and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral, the Secured Party: (a) Secured Party is Is under no obligation to marshal any Collateral; (b) mayMay, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) mayMay, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. The Pledgor and the Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 2 contracts

Samples: Fourth Amended and Restated Stock Pledge Agreement (National Storm Management Inc.), Stock Pledge Agreement (National Storm Management Inc.)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (a) Secured Party is under no obligation to marshal any Collateral; (b) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the CollateralXxxxxxxxxx.

Appears in 2 contracts

Samples: Pledge Agreement (Tri-S Security Corp), Pledge Agreement (QC Holdings, Inc.)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (ai) Secured Party is under no obligation to marshal any Collateralcollateral pledged to it; (bii) may, in its absolute discretion, realize upon the such Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the such Collateral to the Secured Obligations obligations secured by the Collateral in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 2 contracts

Samples: Stock Pledge Agreement (Whittier Energy Corp), Stock Pledge Agreement (Whittier Energy Corp)

Waiver of Marshaling. Each of the Pledgor and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (a) the Secured Party is under no obligation to marshal any Collateral; (b) may, in its the Secured Party’s absolute discretion, realize upon the Collateral in any order and in any manner it the Secured Party so elects; and (c) may, in its the Secured Party’s absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it the Secured Party so elects. The Pledgor and the Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 2 contracts

Samples: Stock Pledge Agreement (Hydrocarb Energy Corp), Stock Pledge Agreement (Hydrocarb Energy Corp)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (a) Secured Party is under no obligation to marshal any Collateral; (b) may, in its Secured Party’s absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its Secured Party’s absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Bireme LTD)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral, Secured Party: (ai) Secured Party is under no obligation to marshal any Collateral; (bii) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so electselects to the extent permitted under the Loan Documents and applicable law. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Stock Pledge Agreement (Sands Regent)

Waiver of Marshaling. Each of Pledgor and Secured Party -------------------- acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (ai) Secured Party is under no obligation to marshal any Collateral; (bii) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Security Agreement (QMS Inc)

Waiver of Marshaling. Each of Pledgor Debtor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (ai) Secured Party is under no obligation to marshal any Collateralcollateral pledged to it; (bii) may, in its absolute discretion, realize upon the such Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the such Collateral to the Secured Obligations obligations secured by the Collateral in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Stock Pledge Agreement (Carrizo Oil & Gas Inc)

Waiver of Marshaling. Each of Pledgor the Pledgors and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (a) the Secured Party is under no obligation to marshal any Collateral; (b) may, in its his absolute discretion, realize upon the Collateral in any order and in any manner it he so elects; and (c) may, in its his absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it he so elects. Pledgor The Pledgors and the Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Stock Pledge Agreement (CenterStaging Corp.)

Waiver of Marshaling. Each of Pledgor the Pledgors and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (ai) the Secured Party is under no obligation to marshal any Collateral; (bii) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so reasonably elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so reasonably elects. Pledgor The Pledgors and the Secured Party waive any right to require the marshaling of any of the Collateral. 20.

Appears in 1 contract

Samples: Escrow and Stock Pledge Agreement

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (a) Secured Party (i) is under no obligation to marshal any Collateral; (bii) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Stock Pledge Agreement (Majestic Investor Capital Corp)

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Waiver of Marshaling. Each of Pledgor the Debtor and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral, the Secured Party: (a) Secured Party is under no obligation to marshal any Collateral; (b) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor The Debtor and the Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Libor Cap Security Agreement (GTJ REIT, Inc.)

Waiver of Marshaling. Each of Pledgor the Pledgors and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (ai) the Secured Party is under no obligation to marshal any Collateral; (bii) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so reasonably elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so reasonably elects. Pledgor The Pledgors and the Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Escrow and Stock Pledge Agreement (Luminent Inc)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (a) Secured Party is under no obligation to marshal any Collateral; (b) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Each Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Crown Media Holdings Inc)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to of the Collateral: (a) Secured Party is under no obligation to marshal any Collateral; (b) it may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Eastern Resources, Inc.)

Waiver of Marshaling. Each of Pledgor and each Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral, Secured Parties: (a) Secured Party is are under no obligation to marshal any Collateral; (b) may, in its their absolute discretion, realize upon the Collateral in any order and in any manner it they so electselect; and (c) may, in its their absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it they so electselect. Pledgor and Secured Party Parties waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Mortgage Assistance Center Corp)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral, Secured Party: (a) Secured Party is under no obligation to marshal any Collateral; (b) may, in its his absolute discretion, realize upon the Collateral in any order and in any manner it he so elects; and (c) may, in its his absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it he so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Ssgi, Inc.)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Pledged Collateral: (ai) Secured Party is under no obligation to marshal any Pledged Collateral; (bii) may, in its absolute discretion, realize upon the Pledged Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the Pledged Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Pledged Collateral.

Appears in 1 contract

Samples: Stock Pledge Agreement (Party City Corp)

Waiver of Marshaling. Each of Pledgor Pledgors and Secured Party each acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (ai) Secured Party is under no obligation to marshal any Collateral; and (bii) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor Pledgors and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: , and Consolidated Stock Pledge Agreement (Prandium Inc)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (ai) Secured Party is under no obligation to marshal any Collateral; (bii) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor Pledgors and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Stock Pledge Agreement (Stormedia Inc)

Waiver of Marshaling. Each of the Pledgor and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Pledged Collateral: (ai) the Secured Party is under no obligation to marshal any Pledged Collateral; (bii) may, in its absolute discretion, realize upon the Pledged Collateral in any order and in any manner it so elects; and (ciii) may, in its absolute discretion, apply the proceeds of any or all of the Pledged Collateral to the Secured Obligations Liabilities in any order and in any manner it so elects. The Pledgor and the Secured Party waive any right to require the marshaling of any of the Pledged Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Right Start Inc /Ca)

Waiver of Marshaling. Each of the Pledgor and the Secured Party acknowledges and agrees that in exercising any rights under or with respect to the CollateralCollateral the Secured Party: (a) Secured Party is under no obligation to marshal any Collateral; (b) may, in its the Secured Party’s absolute discretion, realize upon the Collateral in any order and in any manner it the Secured Party so elects; and (c) may, in its the Secured Party’s absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it the Secured Party so elects. The Pledgor and the Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Stock Pledge Agreement (XTI Aerospace, Inc.)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges -------------------- and agrees that in exercising any rights under or with respect to the Collateral: (a) Secured Party is under no obligation to marshal any Collateral; (b) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the Collateral.

Appears in 1 contract

Samples: Pledge Agreement (Western Goldfields Inc)

Waiver of Marshaling. Each of Pledgor and Secured Party acknowledges and agrees that in exercising any rights under or with respect to the Collateral: (a) Secured Party is under no obligation to marshal any Collateral; (b) may, in its absolute discretion, realize upon the Collateral in any order and in any manner it so elects; and (c) may, in its absolute discretion, apply the proceeds of any or all of the Collateral to the Secured Obligations in any order and in any manner it so elects. Pledgor and Secured Party waive any right to require the marshaling of any of the CollateralCxxxxxxxxx.

Appears in 1 contract

Samples: Mortgage Warehousing Agreement (Intuit Inc)

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