Common use of Waiver of Marshalling of Assets Clause in Contracts

Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s shareholders and others with interests in Borrower and of the Property, 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 Administrative Agent under the Loan Documents to a sale of the Property for the collection of the Indebtedness without any prior or different resort for collection or of the right of Administrative Agent to the payment of the Indebtedness out of the net proceeds of the Property in preference to every other claimant whatsoever.

Appears in 4 contracts

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Morgans Hotel Group Co.)

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Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s shareholders members or partners, as applicable, and others with interests in Borrower Borrower, and of the any Property, and agrees shall 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 Administrative Agent (on behalf of Lenders) under the Loan Documents to a sale of the any Property for the collection of the Indebtedness Obligations without any prior or different resort for collection collection, or of the right of Administrative Agent (on behalf of Lenders) to the payment of the Indebtedness Obligations out of the net proceeds of the any Property in preference to every other claimant whatsoever.

Appears in 3 contracts

Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s shareholders members or partners and others with interests in Borrower Borrower, and of the Property, and agrees shall 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 Administrative Agent under the Loan Documents to a sale of the Property for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Administrative Agent to the payment of the Indebtedness Debt out of the net proceeds of the Property in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Senior Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s shareholders partners or members and others with interests in Borrower Borrower, and of the Mortgaged Property, and agrees shall 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 Administrative Agent under the Loan Documents to a sale of the Mortgaged Property for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Administrative Agent to the payment of the Indebtedness Debt out of the net proceeds of the Mortgaged Property in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Loan Agreement (Seven Hills Realty Trust)

Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling marshaling of the assets of Borrower, Borrower’s shareholders partners and others with interests in Borrower Borrower, and of the Mortgaged Property, and agrees not to assert any right under any laws pertaining to the marshalling marshaling 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 rights of Administrative Agent or Lender under the Loan Documents to a sale of the Property and/or the Collateral for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Administrative Agent and Lender to the payment of the Indebtedness Debt out of the net proceeds of the Property and/or the Collateral in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Construction Loan Agreement (Allegiant Travel CO)

Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s shareholders partners or members and others with interests in Borrower Borrower, and of the PropertyUnderlying Borrowers, and agrees shall 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 Administrative Agent under the Facility Loan Documents to a sale of the any Mortgaged Property for the collection of the Indebtedness Program Debt without any prior or different resort for collection or of the right of Administrative Agent to the payment of the Indebtedness Program Debt out of the net proceeds of the any Mortgaged Property in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Loan Agreement (Seven Hills Realty Trust)

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Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrowereach of Borrower and Security Guarantor, each for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s shareholders Security Guarantor, and the members or partners and others with interests in Borrower either, and of the Property, and agrees shall 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 Administrative Agent under the Loan Documents to a sale of the Property for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Administrative Agent Lender to the payment of the Indebtedness Debt out of the net proceeds of the Property in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Loan Agreement (Playa Hotels & Resorts N.V.)

Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s shareholders members or partners and -160- others with interests in Borrower Borrower, and of the Property, and agrees shall 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 Administrative Agent under the Loan Documents to a sale of the Property for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Administrative Agent to the payment of the Indebtedness Debt out of the net proceeds of the Property in preference to every other claimant whatsoever.. Section 11.20

Appears in 1 contract

Samples: Senior Loan Agreement (Pacific Oak Strategic Opportunity REIT, Inc.)

Waiver of Marshalling of Assets. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s shareholders members or partners and others with interests in Borrower Borrower, and of the Property, and agrees shall 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 Administrative Agent under the Loan Documents to a sale of the Property Collateral for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Administrative Agent to the payment of the Indebtedness Debt out of the net proceeds of the Property Collateral in preference to every other claimant whatsoever.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

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