No Marshalling of Assets Clause Samples

The "No Marshalling of Assets" clause prevents a creditor from being required to exhaust one asset or class of assets before proceeding against another to satisfy a debt. In practice, this means that if a debtor has multiple assets securing a loan, the creditor can choose which assets to pursue for repayment, rather than being forced to follow a specific order. This clause is commonly used in loan agreements to protect the creditor's rights and flexibility in recovering the debt. Its core function is to ensure that creditors are not restricted in their remedies, thereby reducing the risk of delayed or incomplete recovery due to asset prioritization rules.
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No Marshalling of Assets. Lender may proceed against any Collateral and against parties liable therefor in such order as it may elect, and neither Borrower nor any surety or guarantor for Borrower nor any creditor of Borrower shall be entitled to require Lender to marshal assets. The benefit of any rule of law or equity to the contrary is hereby expressly waived.
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No Marshalling of Assets. Borrower agrees that notwithstanding the existence of any security interests, collateral or liens on any personal or real property held by Lender, Lender shall have the right to determine the order in which all or any portion of its collateral or other security for payment of the all amounts owed under the Note and/or the Loan Documents shall be subjected to the remedies provided in this Agreement, the Note, the Mortgage and any other Loan Documents or applicable law. Lender shall have the right to determine the order in which any or all portions of the obligations of Borrower are satisfied from the proceeds realized upon the exercise of such remedies. Borrower waives any and all right to require a marshalling of assets by Lender.
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No Marshalling of Assets. HRCP may proceed against any collateral securing the Guaranteed Obligations and against parties liable therefor in such order as it may elect, and Guarantor shall not be entitled to require HRCP to ▇▇▇▇▇▇▇▇ assets. The benefit of any rule of law or equity to the contrary is hereby expressly waived.
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No Marshalling of Assets. The Subordinated Note Trustee hereby waives any and all rights to have the Common Collateral, or any part thereof, marshaled upon any foreclosure or other enforcement of the Senior Note Liens.
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No Marshalling of Assets. Lenders shall not be obligated to take any steps necessary to preserve their rights in any Collateral against other persons claiming an interest therein, but may do so at Lenders' option. At their option, Lenders may discharge any taxes, liens, security interest, or other encumbrances to which any Collateral is at any time subject and may, upon the failure of Debtor to do so, purchase insurance on any Collateral and pay for the preservation thereof, and Debtor shall reimburse Lenders on demand for any payments made or expenses incurred by Lenders pursuant to the foregoing authorization together with interest at the rate provided in the Notes.
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No Marshalling of Assets. Lender may proceed against collateral securing the Obligations and against parties liable therefor in such order as it may elect, and neither Borrower nor any surety or guarantor for Borrower nor any creditor of Borrower shall be entitled to require Lender to marshal assets. The benefit of any-rule of law or equity to the contrary is hereby expressly waived.
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Related to No Marshalling of Assets

  • Waiver of Marshalling of Assets To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all rights to a marshalling of the assets of Borrower, Borrower’s partners and others with interests in Borrower, and of the Property, and agrees not to assert any right under any laws pertaining to the marshalling of assets, the sale in inverse order of alienation, homestead exemption, the administration of estates of decedents, or any other matters whatsoever to defeat, reduce or affect the right of Lender under the Loan Documents to a sale of the Property for the collection of the Debt without any prior or different resort for collection or of the right of Lender to the payment of the Debt out of the net proceeds of the Property in preference to every other claimant whatsoever.

  • No Marshalling Each Guarantor consents and agrees that no Guarantied Party or Person acting for or on behalf of any Guarantied Party shall be under any obligation to marshal any assets in favor of any Guarantor or against or in payment of any or all of the Obligations.

  • No Marshaling Secured Party shall not be required to marshal any present or future collateral security (including this Security Agreement and the Collateral) for, or other assurances of payment of, the Obligations or any of them or to resort to such collateral security or other assurances of payment in any particular order. To the extent that it lawfully may, Grantor hereby agrees that it will not invoke any law relating to the marshaling of collateral which might cause delay in or impede the enforcement of Secured Party's rights under this Security Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Grantor hereby irrevocably waives the benefits of all such laws.

  • Marshalling Secured Party shall not be required to marshal any present or future Collateral for, or other assurances of payment of, the Obligations or to resort to such Collateral or other assurances of payment in any particular order, and all of its rights and remedies hereunder and in respect of such Collateral and other assurances of payment shall be cumulative and in addition to all other rights and remedies, however existing or arising. To the extent that it lawfully may, Debtor hereby agrees that it will not invoke any law relating to the marshalling of Collateral which might cause delay in or impede the enforcement of Secured Party’s rights and remedies under this Agreement or under any other instrument creating or evidencing any of the Obligations or under which any of the Obligations is outstanding or by which any of the Obligations is secured or payment thereof is otherwise assured, and, to the extent that it lawfully may, Debtor hereby irrevocably waives the benefits of all such laws.

  • PLEDGE OF ASSETS Mortgage, pledge, grant or permit to exist a security interest in, or lien upon, all or any portion of Borrower's assets now owned or hereafter acquired, except any of the foregoing in favor of Bank or which is existing as of, and disclosed to Bank in writing prior to, the date hereof.