Marshalling. The Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor hereby agrees that it shall not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor hereby irrevocably waives the benefits of all such laws.
Appears in 8 contracts
Sources: Guarantee and Collateral Agreement (CareView Communications Inc), Guarantee and Collateral Agreement (PNG Ventures Inc), Guarantee and Collateral Agreement (Earth Biofuels Inc)
Marshalling. The Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor the Guarantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Guarantor hereby irrevocably waives the benefits of all such laws.
Appears in 8 contracts
Sources: Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/)
Marshalling. The Agent Lenders shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its their rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lenders’ rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.
Appears in 7 contracts
Sources: Security Agreement (SANUWAVE Health, Inc.), Security Agreement (SANUWAVE Health, Inc.), Security Agreement (SANUWAVE Health, Inc.)
Marshalling. The Agent Lenders shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lenders’ rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Company hereby irrevocably waives the benefits of all such laws.
Appears in 4 contracts
Sources: Security Agreement (Smart Move, Inc.), Security Agreement (Infosmart Group, Inc.), Security Agreement (Converted Organics Inc.)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.
Appears in 3 contracts
Sources: Security Agreement (Modular Medical, Inc.), Security Agreement (SANUWAVE Health, Inc.), Security Agreement (Lydall Inc /De/)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor the Guarantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Guarantor hereby irrevocably waives the benefits of all such laws.
Appears in 3 contracts
Sources: Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each the Grantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each the Grantor hereby irrevocably waives the benefits of all such laws.
Appears in 3 contracts
Sources: Security Agreement (Ecoark Holdings, Inc.), Security Agreement (Pinnacle Data Systems Inc), Security Agreement (Mod Pac Corp)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lender's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Company hereby irrevocably waives the benefits of all such laws.
Appears in 3 contracts
Sources: Security Agreement (Precision Optics Corporation, Inc.), Security Agreement (Syndicated Food Service International Inc), Security Agreement (Cohesant Inc.)
Marshalling. The Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor the Guarantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Guarantor hereby irrevocably waives the benefits of all such laws.
Appears in 3 contracts
Sources: Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/), Security Agreement (Lydall Inc /De/)
Marshalling. The Administrative Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor hereby agrees that it shall not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Administrative Agent’s rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Second Lien Guarantee and Collateral Agreement (Spanish Broadcasting System Inc), First Lien Guarantee and Collateral Agreement (Spanish Broadcasting System Inc)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor Guarantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’s rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor Guarantor hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Security Agreement (Converted Organics Inc.), Security Agreement (Converted Organics Inc.)
Marshalling. The Agent Bank shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentBank’s rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Security Agreement (XCel Brands, Inc.), Security Agreement (XCel Brands, Inc.)
Marshalling. The Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor the Maker hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’s rights and remedies under this Security Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Maker hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Security Agreement (Evolving Systems Inc), Security Agreement (Evolving Systems Inc)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lender's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Company hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Security Agreement (Microfluidics International Corp), Security Agreement (Faraday Financial Inc)
Marshalling. The Agent SECURED PARTY shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s SECURED PARTY's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Company hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Security Agreement (Premier Exhibitions, Inc.), Security Agreement (Premier Exhibitions, Inc.)
Marshalling. The Agent Purchasers shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor Grantors hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Purchasers’ rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Pledge and Security Agreement (Visual Networks Inc), Pledge and Security Agreement (Primal Solutions Inc)
Marshalling. The Agent We shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its Our rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor You hereby agrees agree that it shall You will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Our rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor may You hereby irrevocably waives waive the benefits of all such laws.
Appears in 2 contracts
Sources: Growth Capital Loan and Security Agreement (Gevo, Inc.), Growth Capital Loan and Security Agreement (Gevo, Inc.)
Marshalling. The Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling marshaling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’s rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Company hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Security Agreement (Digipath, Inc.), Security Agreement (Gvi Security Solutions Inc)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including but not limited to this Pledge Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Beneficiary hereby agrees that it shall not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’s rights under this Pledge Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Beneficiary hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC)
Marshalling. The Agent No Lender shall not be required to marshal any present or future collateral security for (including but not limited to this Agreement and including, without limitation, the Collateral) for), or other assurances of payment of, the Secured Obligations or any of them them, or to resort to such collateral security or other assurances of payment in any particular order, ; and all of its each of such Person’s rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it they lawfully may, each Grantor Lender hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lenders’ rights and remedies under this Agreement the Security Documents or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, and to the extent that it they lawfully may, each Grantor Lender hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Intercreditor Agreement (Electronic Cigarettes International Group, Ltd.), Intercreditor Agreement (Electronic Cigarettes International Group, Ltd.)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security for (including but not limited to this Agreement and the Stock Collateral) for), or other assurances of payment of, the Secured Obligations or any of them them, or to resort to such collateral security or other assurances of payment in any particular order, and all . All of its the Lender's rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Pledgor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which that might cause delay in or impede the enforcement of the Agent’s Lender's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, and to the extent that it lawfully may, each Grantor may the Pledgor hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Stock Pledge Agreement (Pc Ephone Inc), Stock Pledge Agreement (Pc Ephone Inc)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including including, but not limited to to, this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lender's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Fourth Agreement of Amendment, Fourth Agreement of Amendment (Qep Co Inc)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’s rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Company hereby irrevocably waives the benefits of all such laws.
Appears in 2 contracts
Sources: Security Agreement (Converted Organics Inc.), Security Agreement (Converted Organics Inc.)
Marshalling. The Neither the Agent nor any Institution shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s 's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor Company hereby irrevocably waives the benefits of all such laws.
Appears in 1 contract
Marshalling. The Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to this Security Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor hereby agrees that it shall not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’s 's rights under this Security Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor hereby irrevocably waives the benefits of all such laws.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Reliant Resources Inc)
Marshalling. The Agent Center shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the any Collateral) for, or other assurances of as payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor Grantors hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Center's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by whereby which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor Grantors hereby irrevocably waives the benefits of all such laws.
Appears in 1 contract
Sources: Share Exchange Agreement (Social Investment Holdings, Inc.)
Marshalling. The Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Group hereby agrees that it shall will not invoke any law relating to the marshalling marshaling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’s rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Group hereby irrevocably waives the benefits of all such laws.
Appears in 1 contract
Sources: Security Agreement (Ipsidy Inc.)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral Collateral which might cause delay in or impede the enforcement of the Agent’s Lender's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.
Appears in 1 contract
Marshalling. The Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.
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Sources: Security Agreement (Lydall Inc /De/)
Marshalling. The Agent Investor shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor the Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Investor's rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Company hereby irrevocably waives the benefits of all such laws.
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Marshalling. The Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.
Appears in 1 contract
Sources: Security Agreement (Lydall Inc /De/)
Marshalling. The Agent Investor shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor Company hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentInvestor’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor Company hereby irrevocably waives the benefits of all such laws.
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Sources: Security Agreement (Emtec Inc/Nj)
Marshalling. The Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’s rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor hereby irrevocably waives the benefits of all such laws.
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Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentLender’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Debtor hereby irrevocably waives the benefits of all such laws.
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Marshalling. The Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling marshaling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor hereby irrevocably waives the benefits of all such laws...
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Marshalling. The Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor Debtor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor Debtor hereby irrevocably waives the benefits of all such laws.
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Marshalling. The Agent HSI shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and including, without limitation, the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentHSI’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor hereby irrevocably waives the benefits of all such laws.
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Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s Lender's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Borrower hereby irrevocably waives the benefits of all such laws.
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Marshalling. The Agent NMT shall not be required to marshal any present or ----------- future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Guarantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Agent’s NMT's rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor the Guarantor hereby irrevocably waives the benefits of all such laws.
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Sources: Loan and Security Agreement (Nitinol Medical Technologies Inc)
Marshalling. The Agent Purchaser shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor Issuers hereby agrees agree that it shall they will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the AgentPurchaser’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor Issuers hereby irrevocably waives waive the benefits of all such laws.
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Marshalling. The Collateral Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling marshaling of collateral which might cause delay in or impede the enforcement of the Collateral Agent’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor hereby irrevocably waives the benefits of all such laws.
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Marshalling. The Administrative Agent shall not be required to marshal any present or future collateral security (including including, but not limited to to, this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its the rights of the Administrative Agent hereunder and or in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which might cause delay in or impede the enforcement of the Administrative Agent’s rights under this Agreement or under any other instrument Instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor hereby irrevocably waives the benefits of all such laws.
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Marshalling. The Agent shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the Collateral) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its the rights of the Agent and the Secured Parties hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each the Grantor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which that might cause delay in or impede the enforcement of the Agent’s 's or the Secured Parties' rights under this Agreement or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each the Grantor hereby irrevocably waives the benefits of all such laws.
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Marshalling. The Agent Beneficiary shall not be required to marshal any present or future collateral security (including but not limited to this Agreement and the CollateralPersonal Property) for, or other assurances of payment of, the Secured Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such collateral security and other assurances of payment shall be cumulative and in addition to all other rightsrights and remedies, however existing or arising. To the extent that it lawfully may, each Grantor Trustor hereby agrees that it shall will not invoke any law relating to the marshalling of collateral Personal Property which might cause delay in or impede the enforcement of the AgentBeneficiary’s rights and remedies under this Agreement Deed of Trust or under any other instrument creating or evidencing any of the Secured Obligations or under which any of the Secured Obligations is outstanding or by which any of the Secured Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, each Grantor Trustor hereby irrevocably waives the benefits of all such laws.
Appears in 1 contract
Sources: Leasehold Deed of Trust (Utah Medical Products Inc)
Marshalling. The Agent Lender shall not be required to marshal any present or future collateral security for (including but not limited to this Agreement and the Stock Collateral) for), or other assurances of payment of, the Secured Obligations Liabilities or any of them them, or to resort to such collateral security or other assurances of payment in any particular order, and all . All of its the Lender's rights hereunder and in respect of such collateral security security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that it lawfully may, each Grantor the Borrower hereby agrees that it shall will not invoke any law relating to the marshalling of collateral which collateral that might cause delay in or impede the enforcement of the Agent’s Lender's rights under this Agreement or under any other instrument creating or instrument evidencing any of the Secured Obligations Liabilities or under which any of the Secured Obligations Liabilities is outstanding or by which any of the Secured Obligations Liabilities is secured or payment thereof is otherwise assured, and, and to the extent that it lawfully may, each Grantor may the Borrower hereby irrevocably waives the benefits of all such laws.
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