Common use of Marshalling Clause in Contracts

Marshalling. Neither the Agent nor any other Lender shall be required to marshal any present or future collateral security for (including, but not limited to, this Agreement and the Collateral), 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. All of the Agent’s rights and remedies hereunder and in respect of such security and other assurances of payment shall be cumulative and in addition to all other rights, however existing or arising. To the extent that the Pledgor lawfully may, the Pledgor hereby agrees that the Pledgor will not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Agent’s rights under this Agreement or under any other instrument 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 he lawfully may, the Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 3 contracts

Sources: Stock Pledge Agreement (Higher One Holdings, Inc.), Stock Pledge Agreement (Higher One Holdings, Inc.), Stock Pledge Agreement (Higher One Holdings, Inc.)

Marshalling. Neither the The Collateral Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, this Agreement and to the Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s rights and remedies of the Collateral Agent 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 the Pledgor it lawfully may, the Pledgor Debtor hereby agrees that the Pledgor it will not invoke any law relating to the marshalling of collateral that 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 and, to the extent that he it lawfully may, the Pledgor Debtor hereby irrevocably waives the benefits of all such laws.

Appears in 3 contracts

Sources: Security Agreement (Z Trim Holdings, Inc), Security Agreement (Z Trim Holdings, Inc), Security Agreement (Z Trim Holdings, Inc)

Marshalling. Neither the Agent nor any other Lender The Trustee shall not be required to marshal any present or future collateral security for (including, but not limited towithout limitation, this Agreement and the Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s 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 the Pledgor it lawfully may, the Pledgor each Grantor hereby agrees that the Pledgor it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the AgentTrustee’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 and, to the extent that he it lawfully may, the Pledgor each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (Securus Technologies, Inc.), Security Agreement (Securus Technologies, Inc.)

Marshalling. Neither the The Collateral Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Security Agreement and the Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s 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 rights, however existing or arising. To the extent that the Pledgor it lawfully may, the Pledgor each Obligor hereby agrees that the Pledgor will it shall not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Collateral Agent’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 and, to the extent that he it lawfully may, the Pledgor each Obligor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Security Agreement (Capitalsource Inc), Security Agreement (Capitalsource Inc)

Marshalling. Neither the Administrative Agent nor any other Lender Secured Party shall be required to marshal any present or future collateral security for (including, but not limited to, including this Security Agreement and the Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s 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 rights, however existing or arising. To the extent that the Pledgor it lawfully may, the Pledgor each Grantor hereby agrees that the Pledgor will it shall not invoke any law Law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Agent’s rights of the Administrative Agent or any other Secured Party 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 and, to the extent that he it lawfully may, the Pledgor each Grantor hereby irrevocably waives the benefits of all such lawsLaws.

Appears in 2 contracts

Sources: Security Agreement (Medpace Holdings, Inc.), Credit Agreement (Medpace Holdings, Inc.)

Marshalling. Neither the Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Pledge Agreement and the Pledged Collateral), or other assurances of payment of, the Secured Obligations, Obligations or any of them, or to resort to such collateral security or other assurances of payment in any particular order. All of the AgentLender’s 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 rights, however existing or arising. To the extent that the Pledgor it lawfully may, the each Pledgor hereby agrees that the Pledgor it will not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the AgentLender’s rights under this Pledge Agreement or under any other instrument 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 he each Pledgor lawfully may, the such Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Loan and Security Agreement (Daegis Inc.), Loan and Security Agreement (Unify Corp)

Marshalling. Neither the The Collateral Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Pledge Agreement and the Pledged Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s 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 rights, however existing or arising. To the extent that the Pledgor it lawfully may, the each Pledgor hereby agrees that the Pledgor will it shall not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Collateral Agent’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 and, to the extent that he it lawfully may, the such Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 2 contracts

Sources: Pledge Agreement (Capitalsource Inc), Pledge Agreement (Capitalsource Inc)

Marshalling. Neither the Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Pledge Agreement and the Pledged Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s 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 rights, however existing or arising. To the extent that the Pledgor it lawfully may, the each Pledgor hereby agrees that the Pledgor will it shall not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Agent’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 and, to the extent that he it lawfully may, the each Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Pledge Agreement (Southern Construction Products Inc)

Marshalling. Neither the Agent nor any other The Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, this Agreement and to the Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s 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 the Pledgor it lawfully may, the Pledgor Borrower hereby agrees that the Pledgor it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Agent’s Lender'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 and, to the extent that he it lawfully may, the Pledgor Borrower hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Standard Management Corp)

Marshalling. Neither the The Administrative Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, but not limited to, this Agreement and the Security Agreement Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s rights and remedies 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 the Pledgor it lawfully may, the Pledgor each Grantor hereby agrees that the Pledgor it will not invoke any law Applicable Law relating to the marshalling of collateral that 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 and, to the extent that he it lawfully may, the Pledgor each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Nextera Enterprises Inc)

Marshalling. Neither the The Administrative Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Pledge Agreement and the Pledged Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s 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 rights, however existing or arising. To the extent that the Pledgor it lawfully may, the each Pledgor hereby agrees that the Pledgor will it shall not invoke any law relating to the marshalling of collateral that might cause delay in or impede the enforcement of the Administrative Agent’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 and, to the extent that he it lawfully may, the such Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Pledge Agreement (Capitalsource Inc)

Marshalling. Neither the The Collateral Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, this Agreement and to the Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s 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 the Pledgor it lawfully may, the Pledgor each Grantor hereby agrees that the Pledgor it will not invoke any law relating to the marshalling of collateral that 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 and, to the extent that he it lawfully may, the Pledgor each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Butler Manufacturing Co)

Marshalling. Neither the Agent nor any other The Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Pledge Agreement and the Pledged Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s 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 rights, however existing or arising. To the extent that the Pledgor it lawfully may, the each Pledgor hereby agrees that the Pledgor will it shall not invoke any law Law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Agent’s rights of the Lender 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 and, to the extent that he it lawfully may, the each Pledgor hereby irrevocably waives the benefits of all such lawsLaws.

Appears in 1 contract

Sources: Pledge Agreement (Fronteo, Inc.)

Marshalling. Neither the Agent nor any other Lender The Trustee shall not be required to marshal any present or future collateral security for (including, but not limited towithout limitation, this Agreement and the Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s 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 the Pledgor it lawfully may, the Pledgor each Grantor hereby agrees that the Pledgor it will not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Agent’s Trustee'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 and, to the extent that he it lawfully may, the Pledgor each Grantor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Security Agreement (Telequip Labs, Inc.)

Marshalling. Neither the Collateral Agent nor any other Lender shall not be required to marshal any present or future collateral security for (including, including but not limited to, to this Pledge Agreement and the Pledged Collateral)) for, or other assurances of payment of, the Secured Obligations, Obligations or any of them, them or to resort to such collateral security or other assurances of payment in any particular order. All , and all of the Agent’s 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 rights, however existing or arising. To the extent that the Pledgor it lawfully may, the each Pledgor hereby agrees that the Pledgor will it shall not invoke any law relating to the marshalling of collateral that which might cause delay in or impede the enforcement of the Collateral Agent’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 and, to the extent that he it lawfully may, the each Pledgor hereby irrevocably waives the benefits of all such laws.

Appears in 1 contract

Sources: Pledge Agreement (Southern Construction Products Inc)