Common use of Marshalling of Assets Clause in Contracts

Marshalling of Assets. Nothing in this Agreement will be deemed to require either the Receivables Agent or the Lenders Agent (i) to proceed against certain property securing the Lenders Claim (or any other obligation or liability under the Credit Agreement or any other Loan Documents) or the Receivables Claim (or any other obligation or liability under the Receivables Documents), as applicable, prior to proceeding against other property securing such Claim or obligations or liabilities or against certain persons guaranteeing any such obligations or (ii) to marshal the Lenders Collateral (or any other collateral) or the Receivables Assets (as applicable) upon the enforcement of the Lenders Agent’s or the Receivables Agent’s remedies under the Loan Documents or Receivables Documents, as applicable.

Appears in 2 contracts

Sources: Receivables Purchase Agreement (Wesco International Inc), Credit Agreement (Wesco International Inc)

Marshalling of Assets. Nothing in this Agreement will be deemed to require either the Receivables Collateral Agent or the Lenders Banks' Agent (i) to proceed against certain property securing the Lenders Bank Claim (or any other obligation or liability under the Credit Agreement or any other Loan Documents) or the Receivables Claim (or any other obligation or liability under the Receivables Documents), as applicable, prior to proceeding against other property securing such Claim or obligations or liabilities or against certain persons guaranteeing any such obligations or (ii) to marshal marshall the Lenders Bank Collateral (or any other collateral) or the Receivables Receiv▇▇▇▇▇ ▇▇ogram Assets (as applicable) upon the enforcement of the Lenders Banks' Agent’s 's or the Receivables Collateral Agent’s 's remedies under the Loan Documents or Receivables Documents, as applicable.

Appears in 2 contracts

Sources: Intercreditor Agreement (Avondale Inc), Credit Agreement (Avondale Inc)

Marshalling of Assets. Nothing in this Agreement will be deemed to require either the Receivables Agent or the any Lenders Agent (i) to proceed against certain property securing the any Lenders Claim (or any other obligation or liability under the Credit Agreement Agreements or any other Loan Documents) or the Receivables Claim (or any other obligation or liability under the Receivables Documents), as applicable, prior to proceeding against other property securing such Claim or obligations or liabilities or against certain persons guaranteeing any such obligations or (ii) to marshal the Lenders Collateral (or any other collateral) or the Receivables Assets (as applicable) upon the enforcement of the any Lenders Agent’s or the Receivables Agent’s remedies under the applicable Loan Documents or Receivables Documents, as applicable.

Appears in 2 contracts

Sources: Credit Agreement (Wesco International Inc), Receivables Purchase Agreement (Wesco International Inc)

Marshalling of Assets. Nothing in this Agreement will be deemed --------------------- to require either the Receivables Collateral Agent or the Lenders Lender Agent (i) to proceed against certain property securing the Lenders Lender Claim (or any other obligation or liability under the Credit Agreement or any other Loan Documents) or the Receivables Claim (or any other obligation or liability under the Receivables Documents), as applicable, prior to proceeding against other property securing such Claim or obligations or liabilities or against certain persons guaranteeing any such obligations or (ii) to marshal the Lenders Lender Collateral (or any other collateral) or the Receivables Assets (as applicable) upon the enforcement of the Lenders Lender Agent’s 's or the Receivables Collateral Agent’s 's remedies under the Loan Documents or Receivables Documents, as applicable.

Appears in 1 contract

Sources: Intercreditor Agreement (United States Steel Corp)

Marshalling of Assets. Nothing in this Agreement will be deemed to require either the Receivables Purchaser Agent or the Lenders Lender Agent (i) to proceed against certain property securing the Lenders Lender Claim (or any other obligation or liability under the Credit Agreement or any other Loan DocumentsDocument) or the Receivables Claim (or any other obligation or liability under the any other Receivables DocumentsDocument), as applicable, prior to proceeding against other property securing such Claim or obligations or liabilities or against certain persons guaranteeing any such obligations or (ii) to marshal the Lenders Lender Collateral (or any other collateral) or the Receivables Assets (as applicable) upon the enforcement of the Lenders Lender Agent’s 's or the Receivables Purchaser Agent’s 's remedies under the Loan Documents or Receivables Documents, as applicable.

Appears in 1 contract

Sources: Intercreditor Agreement (Ak Steel Holding Corp)

Marshalling of Assets. Nothing in this Agreement will be deemed to require either the Receivables Agent Purchaser or any of the Lenders Agent ABL Secured Parties (i) to proceed against certain property securing the Lenders ABL Claim (or any other obligation or liability under the ABL Credit Agreement or any other Loan Documents) or the Receivables Claim (or any other obligation or liability under the Receivables Documents), as applicable, prior to proceeding against other property securing such Claim or obligations or liabilities or against certain persons Persons guaranteeing any such obligations or (ii) to marshal ▇▇▇▇▇▇▇▇ the Lenders ABL Collateral (or any other collateral) or the Receivables Assets (as applicable) upon the enforcement of the Lenders ABL Agent’s or the Receivables AgentPurchaser’s rights and remedies under the Loan Documents or Receivables Documents, as applicable.

Appears in 1 contract

Sources: Credit Agreement (Constellium N.V.)

Marshalling of Assets. Nothing in this Agreement will be deemed to require either the Receivables Collateral Agent or the Lenders Lender Agent (i) to proceed against certain property securing the Lenders Lender Claim (or any other obligation or liability under the Credit Agreement or any other Loan Documents) or the Receivables Claim (or any other obligation or liability under the Receivables Documents), as applicable, prior to proceeding against other property securing such Claim or obligations or liabilities or against certain persons guaranteeing any such obligations or (ii) to marshal the Lenders Lender Collateral (or any other collateral) or the Receivables Assets (as applicable) upon the enforcement of the Lenders Lender Agent’s or the Receivables Collateral Agent’s remedies under the Loan Documents or Receivables Documents, as applicable.

Appears in 1 contract

Sources: Intercreditor Agreement (United States Steel Corp)

Marshalling of Assets. Nothing in this Agreement will be deemed to require either the Receivables Collateral Agent or the Lenders Lender Agent (i) to proceed against certain property securing the Lenders Lender Claim (or any other obligation or liability under the Credit Agreement or any other Loan Documents) or the Receivables Claim (or any other obligation or liability under the Receivables Documents), as applicable, prior to proceeding against other property securing such Claim or obligations or liabilities or against certain persons guaranteeing any such obligations or (ii) to marshal the Lenders Lender Collateral (or any other collateral) or the Receivables Assets (as applicable) upon the enforcement of the Lenders Lender Agent’s 's or the Receivables Collateral Agent’s 's remedies under the Loan Documents or Receivables Documents, as applicable.

Appears in 1 contract

Sources: Intercreditor Agreement (United States Steel Corp)

Marshalling of Assets. Nothing in this Agreement will be deemed to require either the Receivables Collateral Agent or the Lenders Banks' Agent (i) to proceed against certain property securing the Lenders Bank Claim (or any other obligation or liability under the Credit Agreement or any other Loan Documents) or the Receivables Claim (or any other obligation or liability under the Receivables Documents), as applicable, prior to proceeding against other property securing such Claim or obligations or liabilities or against certain persons guaranteeing any such obligations or (ii) to marshal ▇▇▇▇▇▇▇▇ the Lenders Bank Collateral (or any other collateral) or the Receivables Program Assets (as applicable) upon the enforcement of the Lenders Banks' Agent’s 's or the Receivables Collateral Agent’s 's remedies under the Loan Documents or Receivables Documents, as applicable.

Appears in 1 contract

Sources: Intercreditor Agreement (Avondale Inc)