Certain Remedial Matters Clause Samples
The "Certain Remedial Matters" clause defines the rights and procedures available to parties for addressing breaches or failures under the agreement. Typically, it outlines the specific remedies that may be pursued, such as requiring the breaching party to cure the default within a set period, seeking damages, or invoking other contractual or legal remedies. This clause ensures that both parties have a clear, agreed-upon process for resolving issues, thereby minimizing uncertainty and providing a structured approach to problem resolution if contractual obligations are not met.
Certain Remedial Matters. Notwithstanding any other provision of this Agreement or any other Credit Document:
(a) the Borrower shall at all times retain to the exclusion of all other parties, all rights to Excepted Payments payable to it and to demand, collect or commence an action at law to obtain such payments and to enforce any judgment with respect thereto; and
(b) the Borrower and each Holder shall at all times retain the right, but not to the exclusion of the Agent, (i) to retain all rights with respect to insurance that Article XIV of the Lease specifically confers upon the "Lessor", (ii) to provide such insurance as the Lessee shall have failed to maintain or as the Borrower or any Holder may desire, and (iii) to enforce compliance by the Lessee with the provisions of Articles VIII, IX, X, XI, XIV and XVII of the Lease.
Certain Remedial Matters. (a) Notwithstanding any other provision of this Agreement or any other Credit Document:
(i) the Borrower shall at all times to the exclusion of the Administrative Agent retain (A) all rights to Excepted Payments and to demand, collect or commence an action at law to obtain such payments and to enforce any judgment with respect thereto and (B) all of its rights under the Participation Agreement; and
(ii) the Borrower shall at all times retain the right, but not to the exclusion of the Administrative Agent, (A) to receive from the Lessee all notices, certificates and other documents and all information that the Lessee is permitted or required to give or furnish to the "Borrower" or the "Lessor" pursuant to the Lease, the Participation Agreement or any other Operative Agreement, (B) to inspect the Properties and otherwise exercise rights of the "Lessor" under Section 10.2 of the Lease, (C) to retain all rights with respect to insurance that Section 14 of the Lease specifically confers upon the "Lessor", (D) to provide such insurance as the Lessee shall have failed to maintain or as the Borrower may desire, (E) to enforce compliance by the Lessee with the provisions of Sections 8, 9, 10, 11, 14 and 21 of the Lease, and (F) subject to the other applicable provisions of this Agreement, including, without limitation, Section 8.3(c) hereof, to perform for the Lessee under Section 17 of the Lease.
Certain Remedial Matters. 26 8.3. Release of Properties, etc...............................26 8.4.
Certain Remedial Matters. 39 9.4 Release of the Property, Etc..........................39
Certain Remedial Matters. Notwithstanding any other provision of this Agreement or any other Credit Document:
Certain Remedial Matters. 22 8.4 Release of the Property, etc........................................... 22 SECTION 9. MISCELLANEOUS.................................... 23
Certain Remedial Matters. Notwithstanding any other provision of this Agreement or any other Project Loan Document, except following the occurrence and during the continuance of an Event of Default, the Borrower shall at all times retain the right, but not to the exclusion of the Lender, (A) to receive from the Lessee all notices, certificates and other documents and all information that the Lessee is permitted or required to give or furnish to the "Borrower" or the "Lessor" pursuant to the Lease or any other Project Loan Document, (B) to inspect the Property, (C) to retain all rights with respect to insurance that Article XVI of the Lease specifically confers upon the "Lessor", in its individual capacity, (D) subject to the provisions of the Security Documents, to institute proceedings for specific performance by the Lessee with the provisions of the Lease, and (E) subject to the other applicable provisions of this Agreement, to perform for the Lessee under Article XIX of the Lease.
Certain Remedial Matters. 8 Section 6.2. Release of Property, etc...............................................................8
Certain Remedial Matters. Notwithstanding any other provision of this Agreement or any other Credit Document:
(a) the Borrower shall at all times retain all rights to Excepted Payments payable to or for the account of the Lessor and to demand, collect or commence an action at law to obtain such payments and to enforce any judgment with respect thereto (but not to terminate the Lease as a result thereof); and
(b) the Borrower shall at all times retain the right, but not to the exclusion of the Administrative Agent, (A) to receive from the Lessee all notices, certificates and other documents and all information that the Lessee is permitted or required to give or furnish to the Borrower or the Lessor pursuant to the Lease, the Participation Agreement or any other Operative Agreement, (B) to retain all rights with respect to insurance that Article XIV of the Lease specifically confers upon the “Lessor”, (C) to provide such insurance as the Lessee shall have failed to maintain or as the Borrower may desire, and (D) to enforce compliance by the Lessee with the provisions of Articles VIII, IX, X, XI, XIV and XVII of the Lease.
Certain Remedial Matters. Notwithstanding any other provision of this Agreement or any other Credit Document:
(a) the Borrower shall at all times retain all rights to Excepted Payments payable to or for the account of the Owner Trustee or any of the Holders and to demand, collect or commence an action at law to obtain such payments and to enforce any judgment with respect thereto (but not to terminate the Lease as a result thereof); and
(b) the Borrower shall at all times retain the right, but not to the exclusion of the Administrative Agent, (A) to receive from the Lessee all notices, certificates and other documents and all information that the Lessee is permitted or required to give or furnish to the Borrower or the Lessor pursuant to the Lease, the Participation Agreement or any other Operative Agreement, (B) to retain all rights with respect to insurance that ARTICLE XIV of the Lease specifically confers upon the "Lessor", (C) to provide such insurance as the Lessee shall have failed to maintain or as the Borrower may desire, and (D) to enforce compliance by the Lessee with the provisions of ARTICLES VIII, IX, X, XI, XIV AND XVII of the Lease.