Common use of Waiver of Redemption, Notice and Marshalling of Assets Clause in Contracts

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 11 contracts

Sources: Credit Agreement (Five Star Senior Living Inc.), Credit Agreement (Five Star Quality Care, Inc.), Credit and Guaranty Agreement (Lannett Co Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor Grantor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor Grantor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s any election by Trustee or Beneficiary to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 7 contracts

Sources: Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Term Loan Credit Agreement (Houghton Mifflin Harcourt Co), Credit Agreement (Dean Foods Co)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Credit Agreement and the other Credit Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 6 contracts

Sources: Mortgage, Security Agreement, Assignment of Rents and Leases (Pantry Inc), Mortgage, Security Agreement, Assignment of Rents and Leases (Pantry Inc), Mortgage Agreement (Pantry Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the its actual exercise of any right, remedy or recourse provided for under the Loan Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 5 contracts

Sources: Amendment and Restatement Agreement (KAR Auction Services, Inc.), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (NorthStar Healthcare Income, Inc.), Credit Agreement (Auto Disposal of Memphis, Inc.)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s any election by Mortgagee to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Credit Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 4 contracts

Sources: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Financing Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 4 contracts

Sources: Credit Agreement (Alliance Resource Partners Lp), Credit Agreement (Alliance Holdings GP, L.P.), Credit Agreement (Dynegy Inc.)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor Grantor hereby irrevocably and unconditionally waives and releases releases (a) all benefit that might accrue to Mortgagor Grantor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s any election by Trustee or Beneficiary to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 4 contracts

Sources: Credit Agreement (Headwaters Inc), Credit Agreement (Icg Communications Inc /De/), Credit Agreement (Arterial Vascular Engineering Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s any election by Mortgagee to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 4 contracts

Sources: Credit Agreement (Revlon Inc /De/), Term Credit Agreement (Revlon Inc /De/), Credit Agreement (Polyone Corp)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Actionable Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Collateral Trust Agreement, the Credit Agreement or other Security Documents, or this Mortgage, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 4 contracts

Sources: Revolving Credit Facility (CONSOL Energy Inc), Revolving Credit Facility (CONSOL Energy Inc), Credit Agreement (Consol Energy Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, ; (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under this Mortgage or the Loan Documents, Note; and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 4 contracts

Sources: Asset Purchase Agreement (Armstrong Coal Company, Inc.), Asset Purchase Agreement (Armstrong Energy, Inc.), Asset Purchase Agreement (Armstrong Energy, Inc.)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor Grantor hereby irrevocably and unconditionally waives and releases releases (a) all benefit that might accrue to Mortgagor Grantor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s Beneficiary's election to exercise or the its actual exercise of any right, remedy or recourse provided for under the Loan Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 3 contracts

Sources: Deed of Trust (M & F Worldwide Corp), Deed of Trust (M & F Worldwide Corp), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (M & F Worldwide Corp)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, ; (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, Documents except as provided in the Credit Agreement; and (c) any right to a marshalling of assets or a sale in inverse order of alienation. The Borrowers waive the statutory right of redemption and equity of redemption.

Appears in 3 contracts

Sources: Term Loan Credit and Guaranty Agreement (Fairmount Santrol Holdings Inc.), Revolving Credit and Guaranty Agreement (Fairmount Santrol Holdings Inc.), Credit and Guaranty Agreement (Fmsa Holdings Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, ; (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Credit Documents, ; and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 3 contracts

Sources: Credit and Guaranty Agreement (TerraForm Power, Inc.), Second Lien Credit and Guaranty Agreement (X Rite Inc), First Lien Credit and Guaranty Agreement (X Rite Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s 's election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 3 contracts

Sources: Purchase and Sale Agreement (Golf Trust of America Inc), Purchase and Sale Agreement (Golf Trust of America Inc), Credit Agreement (Diamond Brands Operating Corp)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Credit Agreement or other Loan Documents, or this Mortgage, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 3 contracts

Sources: Revolving Credit Facility (CNX Midstream Partners LP), Revolving Credit Facility (CNX Resources Corp), Revolving Credit Facility (CNX Coal Resources LP)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s any election by Mortgagee to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, hereunder and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 2 contracts

Sources: Open Ended Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Central Illinois Public Service Co), Open Ended Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Central Illinois Public Service Co)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s any election by Mortgagee or the Beneficiaries to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan DocumentsDocuments or the Lender Swap Agreements, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 2 contracts

Sources: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) except as provided in the Credit Agreement, all notices of any Event of Default or of Mortgagee’s 's election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Credit Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Simmons Bedding Co), Credit and Guaranty Agreement (Simmons Co /Ga/)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s any election by Mortgagee to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, except as otherwise specifically set forth in Section 4.1 hereof or elsewhere in this Mortgage or any other Loan Document, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 2 contracts

Sources: Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Acura Pharmaceuticals, Inc), Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Dixie Group Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (ai) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (bii) all notices of any Event of Default or of Mortgagee’s 's election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Credit Documents, and (ciii) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Allegiance Telecom Inc), Credit and Guaranty Agreement (Allegiance Telecom Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, ; (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Financing Documents, ; and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Indenture (Easton-Bell Sports, Inc.)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, ; (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, ; and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, ; (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, ; and (c) any right to a marshalling of assets or a sale in inverse order of alienation. Borrower waives the statutory right of redemption and equity of redemption.

Appears in 1 contract

Sources: Credit Agreement (Ducommun Inc /De/)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s 's election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documentsany Secured Obligation Agreement, (except as set forth therein) and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Credit Agreement (Stonemor Partners Lp)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Credit Agreement, the Collateral Trust Agreement or the other Loan Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Credit Agreement (Dynegy Inc.)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit benefits that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment, ; (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the his actual exercise of any right, remedy or recourse provided for under the Loan Documents, this Mortgage; and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Mortgage (Holly Energy Partners Lp)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor Borrower hereby irrevocably and unconditionally waives and releases (ai) all benefit that might accrue to Mortgagor Borrower by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property Collateral from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment, (bii) all notices of any Event of Default or of MortgageeLender’s election to exercise or the its actual exercise of any right, remedy or recourse provided for under the Loan Documents, except as specifically required by the terms of this Security Instrument or the other Loan Documents, and (ciii) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Term Loan and Security Agreement (Techprecision Corp)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, ; (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Credit Documents, ; and (c) any right to a marshalling of assets or a sale in inverse order of alienation. Borrower waives the statutory right of redemption and equity of redemption.

Appears in 1 contract

Sources: Credit Agreement (Rockwood Holdings, Inc.)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s any election by Mortgagee or the Holders to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Note Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Open End Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing (GXS Corp)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Credit Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Second Lien Credit and Guaranty Agreement (Lannett Co Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor Borrower hereby irrevocably and unconditionally waives and releases releases (a) all benefit that might accrue to Mortgagor Borrower by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s Lender's election to exercise or the its actual exercise of any right, remedy or recourse provided for under the Loan Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Fee and Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Lasalle Hotel Properties)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Priority Lien Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Foresight Energy LP)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s any election by Mortgagee or the Lenders to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Credit Agreement (Ackerley Group Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, ; (b) all notices of any Event of Default or of Mortgagee’s 's election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Credit Documents, ; and (c) any right to a marshalling of assets or a sale in inverse order of alienation. Borrower waives the statutory right of redemption and equity of redemption.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (AbitibiBowater Inc.)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s 's election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Debt Agreement (Loewen Group Inc)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, ; (b) all notices of any Event of Default or of Mortgagee’s 's election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documents, ; and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)

Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by law, Mortgagor hereby irrevocably and unconditionally waives and releases (a) all benefit that might accrue to Mortgagor by virtue of any present or future statute of limitations or law or judicial decision exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any stay of execution, exemption from civil process, redemption or extension of time for payment, (b) all notices of any Event of Default or of Mortgagee’s election to exercise or the actual exercise of any right, remedy or recourse provided for under the Loan Documentsany Secured Obligation Agreement, (except as set forth therein) and (c) any right to a marshalling of assets or a sale in inverse order of alienation.

Appears in 1 contract

Sources: Credit Agreement (Stonemor Partners Lp)