Common use of Marshaling Clause in Contracts

Marshaling. Each Guarantor consents and agrees, to the fullest extent permitted by applicable law, that: (a) each holder of Notes shall be under no obligation to marshal any assets in favor of such Guarantor or against or in payment of any or all of the Guaranteed Obligations; and (b) to the extent the Company or another Guarantor makes a payment or payments to any holder of Notes, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, or required, for any of the foregoing reasons or for any other reason, to be repaid or paid over to a custodian, trustee, receiver, or any other party under any bankruptcy law, common law, or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and such Guarantor shall be primarily liable for such obligation.

Marshaling. Each Guarantor of the Guarantors consents and agrees, to the fullest extent permitted by applicable law, agrees that: (a) each holder of Notes neither the Administrative Agent nor any Lender shall be under no obligation to marshal any assets in favor of such each Guarantor or against or in payment of any or all of the Guaranteed Obligations; and (b) to the extent the Company Borrower, the Subsidiary Borrower or another Guarantor any other guarantor makes a payment or payments to any holder of NotesLender, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, or required, for any of the foregoing reasons or for any other reason, to be repaid or paid over to a custodian, trustee, receiver, or any other party under any bankruptcy law, common law, or equitable cause, then to the extent of such payment or repayment, the obligation Obligations or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and such Guarantor shall be primarily remain liable for such obligationObligation.

Marshaling. Each Guarantor of the Guarantors consents and agrees, to the fullest extent permitted by applicable law, agrees that: (a) each holder of Notes the Administrative Agent shall be under no obligation to marshal any assets in favor of such Guarantor or against or in payment of any or all of the Guaranteed Guarantied Obligations; and (b) to the extent the Company any Borrower or another any other Guarantor makes a payment or payments to any holder of NotesLender, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, or required, for any of the foregoing reasons or for any other reason, to be repaid or paid over to a custodian, trustee, receiver, or any other party under any bankruptcy law, common law, or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and such Guarantor shall be primarily liable for such obligation.

Marshaling. Each Guarantor hereby consents and agrees, to the fullest extent permitted by applicable law, that: (ai) that each holder of Notes Notes, and each Person acting for the benefit of one or more of the holders of Notes, shall be under no obligation to marshal any assets in favor of such Guarantor the Guarantors or against or in payment of any or all of the Guaranteed Facility Obligations; and (bii) that, to the extent the Company or another that any Guarantor makes a payment or payments to any holder of the Notes, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside or required, for any of the foregoing reasons or for any other reason, to be repaid or paid over to a custodian, trustee, receiver, receiver or any other party under any bankruptcy lawBankruptcy Law, other common or civil law, or equitable cause, then then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said such payment or payments had not been made and such the Guarantor shall be primarily liable for such obligation.

Marshaling. Each Guarantor consents of the Guarantors hereby consent and agrees, to the fullest extent permitted by applicable law, thatagree: (ai) that each holder of Notes Notes, and each Person acting for the benefit of one or more of the holders of Notes, shall be under no obligation to marshal any assets in favor of such Guarantor the Guarantors or against or in payment of any or all of the Guaranteed Guarantied Obligations; and (bii) that, to the extent the Company or another that any Guarantor makes a payment or payments to any holder of the Notes, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside or required, for any of the foregoing reasons or for any other reason, to be repaid or paid over to a custodian, trustee, receiver, receiver or any other party under any bankruptcy lawBankruptcy Law, other common or civil law, or equitable cause, then then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said such payment or payments had not been made and such the Guarantor shall be primarily liable for such obligation.

Marshaling. Each Guarantor of the Guarantors consents and agrees, to the fullest extent permitted by applicable law, agrees that: (a) each holder of Notes the Bank shall be under no obligation to marshal any assets in favor of such each Guarantor or against or in payment of any or all of the Guaranteed Guarantied Obligations; and (b) to the extent the Company ▇▇▇▇▇▇ ▇▇▇▇ or another Guarantor any other guarantor makes a payment or payments to any holder of Notesthe Bank, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, or required, for any of the foregoing reasons or for any other reason, to be repaid or paid over to a custodian, trustee, receiver, or any other party under any bankruptcy law, common law, or equitable cause, then to the extent of such payment or repayment, the obligation Guarantied Obligations or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and such Guarantor shall be primarily remain liable for such obligationGuarantied Obligation.

Marshaling. Each Subsidiary Guarantor consents and agrees, to the fullest extent permitted by applicable law, agrees that: (a) each holder of Notes shall be under no obligation to marshal any assets in favor of such Subsidiary Guarantor or against or in payment of any or all of the Guaranteed Obligations; and (b) to the extent the Company Company, another Subsidiary Guarantor or another Guarantor guarantor makes a payment or payments to any holder of Notes, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, or required, for any of the foregoing reasons or for any other reason, to be repaid or paid over to a custodian, trustee, receiver, or any other party under any bankruptcy law, common law, or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and such Subsidiary Guarantor shall be primarily liable for such obligation.

Marshaling. Each Guarantor consents and agrees, to the fullest extent permitted by applicable law, that: (a) that each holder Noteholder, and each Person acting for the benefit of Notes the Noteholders, shall be under no obligation to marshal any assets in favor of such Guarantor or against or in payment of any or all of the Guaranteed Guarantied Obligations; and (b) that, to the extent that the Company or another Guarantor makes a payment or payments to any holder of NotesNoteholder, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside or required, for any of the foregoing reasons or for any other reason, to be repaid or paid over to a custodian, trustee, receiver, receiver or any other party under any bankruptcy law, common law, or equitable cause, then then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said such payment or payments had not been made and such Guarantor shall be primarily liable for such obligation.