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 benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law 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) except for notices expressly provided for herein or in the Credit Agreement all notices of any Event of Default or of Mortgagee’s intention to accelerate maturity of the Obligations or of Mortgagee’s election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the Credit Agreement; and (c) any right to a marshalling of assets or a sale in inverse order of alienation. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.
Appears in 2 contracts
Sources: Subordinate Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Ascendia Brands, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Ascendia Brands, Inc.)
Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor Trustor hereby irrevocably and unconditionally waives and releases (a) all benefits that might accrue to Mortgagor Trustor by virtue of any present or future moratorium law or other law exempting the Mortgaged Trust 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) except for notices expressly provided for herein or in the Credit Agreement Indenture, all notices of any Event of Default or of MortgageeBeneficiary’s intention to accelerate maturity of the Obligations or of MortgageeTrustee’s or Beneficiary’s election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the Credit AgreementIndenture; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Security Documents. If any law referred to in this Mortgage Deed of Trust and now in force, of which Mortgagor Trustor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.
Appears in 2 contracts
Sources: Deed of Trust (Gsi Group Inc), Deed of Trust (Gsi Group Inc)
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 benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law 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) except for notices expressly provided for herein or in the Credit Agreement Financing Agreement, all notices of any Event of Default or of Mortgagee’s 's intention to accelerate maturity of the Obligations or of Mortgagee’s 's election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the Credit Financing Agreement; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Loan Documents. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.
Appears in 1 contract
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 benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law 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) except for notices expressly provided for herein or in the Credit Agreement other Transaction Documents, all notices of any Event of Default or of Mortgagee’s intention to accelerate maturity of the Obligations or of Mortgagee’s election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the Credit Agreementother Transaction Documents; and (c) any right to a marshalling of assets or a sale in inverse order of alienation; and (d) any and all conflicts with any provisions of any of the Transaction Documents. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.
Appears in 1 contract
Sources: Securities Purchase Agreement (Minrad International, Inc.)
Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, Mortgagor the Debtor hereby irrevocably and unconditionally waives and releases releases:
(a) all benefits that might accrue to Mortgagor the Debtor by virtue of any present or future moratorium law or other law exempting the Mortgaged Property Pledged Estate 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) except for notices as expressly provided for herein or in the Credit Agreement Financing Documents, all notices of any Event of Default or of Mortgagee’s intention to accelerate maturity of the Obligations or of MortgageeSecured Party’s election to exercise or the Secured Party’s actual exercise of any right, remedy or recourse provided for hereunder or under the Credit Agreement; and Financing Documents;
(c) any right to a marshalling of assets assets, right to direct the order in which such property, if consisting of several known lots or parcels, shall be sold, or right to a sale in inverse order of alienation. If ; and
(d) the pleading of any law referred statute of limitations as a defense to in any and all Bank Payments Obligations secured by this Mortgage Deed of Trust; and now in forcecovenants not to hinder, delay or impede the execution of which Mortgagor any power herein granted or its successor or successors might take advantage despite delegated to the provisions hereofSecured Party, shall hereafter be repealed or cease but to be in force, suffer and permit the execution of every power as though no such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation laws had been made or application of the provisions hereofenacted.
Appears in 1 contract
Sources: Deed of Trust (Trex Co Inc)
Waiver of Redemption, Notice and Marshalling of Assets. To the fullest extent permitted by applicable law, the Mortgagor hereby irrevocably and unconditionally waives and releases releases:
(a) all benefits that might accrue to the Mortgagor by virtue of any present or future moratorium law or other law exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisementappraisal, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment; ;
(b) except for notices as expressly provided for herein or in the Credit Agreement Agreement, all notices of any Event of Default or of the Mortgagee’s intention to accelerate maturity of the Obligations or of Mortgagee’s 's election to exercise or the Mortgagee's actual exercise of any right, remedy or recourse provided for hereunder or under the Credit Agreement; and ;
(c) any right to a marshalling of assets assets, right to direct the order in which such property, if consisting of several known lots or parcels, shall be sold, or right to a sale in inverse order of alienation. If ; and
(d) the pleading of any law referred statute of limitations as a defense to in any and all amounts due under the Agreement secured by this Mortgage Mortgage; and now in forcecovenants not to hinder, delay or impede the execution of which Mortgagor any power herein granted or its successor or successors might take advantage despite delegated to the provisions hereofMortgagee, shall hereafter be repealed or cease but to be in force, suffer and permit the execution of every power as though no such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation laws had been made or application of the provisions hereofenacted.
Appears in 1 contract
Sources: Leasehold Mortgage, Security Agreement, Assignment of Rents and Financing Statement (Dynagen Inc)
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 benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law 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) except for notices expressly provided for herein or in the Credit Agreement Loan Agreement, all notices of any Event of Default or of Mortgagee’s 's intention to accelerate maturity of the Obligations or of Mortgagee’s 's election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the Credit Loan Agreement; and (c) any right to a marshalling of assets or a sale in inverse order of alienation. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor successors or successors assigns might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.
Appears in 1 contract
Sources: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Iron Age Corp)
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 benefits that might accrue to Mortgagor by virtue of any present or future moratorium law or other law 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) except for notices expressly provided for herein or in the Credit Agreement Indenture or required by Governmental Requirements, all notices of any Event of Default or of Mortgagee’s intention to accelerate maturity of the Obligations or of Mortgagee’s election to exercise or actual exercise of any right, remedy or recourse provided for hereunder or under the Credit AgreementIndenture; and (c) any right to a marshalling marshaling of assets or a sale in inverse order of alienation. If any law referred to in this Mortgage and now in force, of which Mortgagor or its successor or successors might take advantage despite the provisions hereof, shall hereafter be repealed or cease to be in force, such law shall thereafter be deemed not to constitute any part of the contract herein contained or to preclude the operation or application of the provisions hereof.
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