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 shareholders 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 Administrative Agent under the Loan Documents to a sale of the Property for the collection of the Indebtedness without any prior or different resort for collection or of the right of Administrative Agent to the payment of the Indebtedness out of the net proceeds of the Property in preference to every other claimant whatsoever.
Appears in 4 contracts
Sources: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Morgans Hotel Group Co.)
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 shareholders members or partners, as applicable, and others with interests in Borrower Borrower, and of the any Property, and agrees shall 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 Administrative Agent (on behalf of Lenders) under the Loan Documents to a sale of the any Property for the collection of the Indebtedness Obligations without any prior or different resort for collection collection, or of the right of Administrative Agent (on behalf of Lenders) to the payment of the Indebtedness Obligations out of the net proceeds of the any Property in preference to every other claimant whatsoever.
Appears in 3 contracts
Sources: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)
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 shareholders members or partners and others with interests in Borrower Borrower, and of the Property, and agrees shall 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 Administrative Agent under the Loan Documents to a sale of the Property for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Administrative Agent to the payment of the Indebtedness Debt out of the net proceeds of the Property in preference to every other claimant whatsoever.
Appears in 1 contract
Sources: Senior Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
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 shareholders members or partners and others with interests in Borrower Borrower, and of the Property, and agrees shall 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 Administrative Agent under the Loan Documents to a sale of the Property Collateral for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Administrative Agent to the payment of the Indebtedness Debt out of the net proceeds of the Property Collateral in preference to every other claimant whatsoever.
Appears in 1 contract
Sources: Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
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 shareholders partners or members and others with interests in Borrower Borrower, and of the Mortgaged Property, and agrees shall 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 Administrative Agent under the Loan Documents to a sale of the Mortgaged Property for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Administrative Agent to the payment of the Indebtedness Debt out of the net proceeds of the Mortgaged Property in preference to every other claimant whatsoever.
Appears in 1 contract
Sources: Facility Loan Program Agreement and Security Agreement (Seven Hills Realty Trust)
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 shareholders members or partners and -160- others with interests in Borrower Borrower, and of the Property, and agrees shall 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 Administrative Agent under the Loan Documents to a sale of the Property for the collection of the Indebtedness Debt without any prior or different resort for collection or of the right of Administrative Agent to the payment of the Indebtedness Debt out of the net proceeds of the Property in preference to every other claimant whatsoever.
Appears in 1 contract
Sources: Senior Loan Agreement (Pacific Oak Strategic Opportunity REIT, Inc.)