Common use of Waiver of Marshalling of Assets Clause in Contracts

Waiver of Marshalling of Assets. To the fullest extent permitted by law, each Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrowers and others with interests in any Borrower, and of the Projects, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the Mortgages, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Agent or Lenders under the Loan Documents to a sale of the Projects for the collection of the Indebtedness without any prior or different resort for collection or of the right of Lenders to the payment of the Indebtedness out of the net proceeds of the Projects in preference to every other claimant whatsoever. In addition (but subject to any applicable statute or law governing deficiencies remaining after the sale of any collateral), each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the Mortgages, any equitable right otherwise available to any Borrower which would require the separate sale of the Projects or require Agent to exhaust its remedies against any individual or any combination of the Projects before proceeding against any other Project or combination of Projects; and further in the event of such foreclosure each Borrower hereby expressly consents to and authorizes, at the option of Agent, the foreclosure and sale either separately or together of any combination of the Projects, to the extent permitted by any applicable statute or law.

Waiver of Marshalling of Assets. To the fullest extent permitted by law, each Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrowers any Borrower, any Borrower’s partners and others with interests in any Borrower, and of any Property or the ProjectsIP, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the MortgagesMortgage, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Agent or Lenders Lender under the Loan Documents to a sale of any Property and/or the Projects IP for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Lenders Lender to the payment of the Indebtedness Debt out of the net proceeds of the Projects Properties and/or the IP in preference to every other claimant whatsoever. In addition (but subject addition, to any applicable statute or law governing deficiencies remaining after the sale of any collateral)fullest extent permitted by law, each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the MortgagesMortgage, any equitable right otherwise available to any such Borrower which would require the separate sale of any Property and/or the Projects IP or require Agent Lender to exhaust its remedies against any individual or any combination of Property and/or the Projects IP before proceeding against any other Project or combination of ProjectsProperty and/or the IP; and further in the event of such foreclosure foreclosure, each Borrower does hereby expressly consents consent to and authorizesauthorize, at the option of AgentLender, the foreclosure and sale either separately or together of any combination of the Projects, to Properties and the extent permitted by any applicable statute or lawIP.

Waiver of Marshalling of Assets. To the fullest extent permitted by lawApplicable Law, each Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrowers Borrower, Borrower’s partners and others with interests in any Borrower, and of the ProjectsProperty, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the MortgagesSecurity Instrument, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Agent or Lenders Lender under the Loan Documents to a sale of the Projects Property for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Lenders Lender to the payment of the Indebtedness Debt out of the net proceeds of the Projects Property in preference to every other claimant whatsoever. In addition (but subject to any applicable statute or law governing deficiencies remaining after the sale of any collateral)addition, each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all part of the MortgagesSecurity Instrument, any equitable right otherwise available to any Borrower which would require the separate sale of the Projects Property or require Agent Lender to exhaust its remedies against any individual or any combination of the Projects Property before proceeding against any other Project or combination of ProjectsCollateral; and further in the event of such foreclosure each Borrower does hereby expressly consents to and authorizes, at the option of AgentLender, the foreclosure and sale either separately or together of any combination of the Projects, to the extent permitted by any applicable statute or lawProperty.

Waiver of Marshalling of Assets. To the fullest extent permitted by law------------------------------- Borrower may legally do so, each Borrower, for itself and its successors and assigns, Borrower waives all rights to a marshalling of the assets of Borrowers Borrower, Borrower's partners, if any, and others with interests in any Borrower, and of the ProjectsMortgaged Property, or to a sale in inverse order of alienation in the event of foreclosure of all or any of the Mortgagesinterests hereby created, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Agent or Lenders Lender under the Loan Documents to a sale of the Projects Mortgaged Property for the collection of the Indebtedness related Debt without any prior or different resort for collection or collection, of the right of Lenders Lender or any deed of trust trustee to the payment of the Indebtedness related Debt out of the net proceeds of the Projects Mortgaged Property in preference to every other claimant whatsoever. In addition (but subject to any applicable statute or law governing deficiencies remaining after the sale of any collateral)addition, each Borrower, for itself and its successors and assigns, waives in the event of foreclosure of any or all of the MortgagesMortgage, any equitable right otherwise available to any Borrower which would require the separate sale of the Projects or require Agent to exhaust its remedies against any individual or any combination portions of the Projects before proceeding against any other Project or combination of Projects; and further in the event of such foreclosure each Borrower hereby expressly consents to and authorizes, at the option of Agent, the foreclosure and sale either separately or together of any combination of the Projects, to the extent permitted by any applicable statute or lawMortgaged Property.