Rights and Remedies of Purchaser Clause Samples

The 'Rights and Remedies of Purchaser' clause defines the specific actions and legal options available to the buyer if the seller breaches the contract or fails to fulfill their obligations. This clause typically outlines remedies such as the right to demand performance, seek damages, or terminate the agreement, depending on the nature of the breach. By clearly stating what recourse the purchaser has, the clause ensures that the buyer is protected and provides a framework for resolving disputes, thereby allocating risk and promoting fairness in the transaction.
Rights and Remedies of Purchaser. The Purchaser will not have the right to initiate any suit, action or proceeding in equity or at law for the enforcement of this Indenture or for the execution of any trust related thereto or for the appointment of a receiver or any other remedy hereunder, unless a Default has occurred and is continuing of which the Company has been notified, it being understood and intended that the Purchaser will not have any right in any manner whatsoever to affect, disturb or prejudice any mortgage or lien imposed by a Lender or Lenders or the lien of this Indenture by its actions or to enforce any right hereunder except in the manner herein provided. Nothing in this Indenture will, however, affect or impair the right of the Purchaser to enforce the payment of the principal of and premium, if any, and interest on the Bonds, at and after the maturity thereof, or the obligation of the Issuer to pay the principal and interest on the Bonds at the time and place provided in this Indenture or in the Bonds.
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Rights and Remedies of Purchaser. The Purchaser will not have the right to institute any suit, action or proceeding in equity or at law for the enforcement of this Amended and Restated Indenture or for the execution of any trust related thereto or for the appointment of a receiver or any other remedy hereunder, unless a Default has occurred and is continuing of which the Company has been notified, it being understood and intended that the Purchaser will not have any right in any manner whatsoever to affect, disturb or prejudice any mortgage or lien imposed by a Lender or Lenders or the lien of this Amended and Restated Indenture by its actions or to enforce any right hereunder except in the manner herein provided. Nothing in this Amended and Restated Indenture will, however, affect or impair the right of the Purchaser to enforce the payment of the principal of and premium, if any, and interest on the Amended Bond, at and after the maturity thereof, or the obligation of the Companyto pay the principal and interest on the Amended Bond at the time and place provided in this Amended and Restated Indenture or in the Amended Bond.
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Rights and Remedies of Purchaser. 15.2.1 Subject to the Closing, in the event that any Leakage has occurred since the Effective Date until the Closing Date, Purchaser shall have the right to require, by notice to Seller, that Seller pays to Purchaser an amount equal to the amount of such Leakage, plus (to the extent not already covered by Section 6.1(d)(ii)) interest on such Leakage for the period from (and including) the later of the Effective Date and the date of such Leakage to (but excluding) the date of repayment at the rate specified in Section 6.1(d)(iv) or (v) as applicable, less any actual saving or benefit or any actual or future Tax saving of the Target Companies arising therefrom ("Leakage Amount"), provided that Seller shall first be given the opportunity to reverse the Leakage (e.g., by returning the relevant amount or benefit to the Target Company) but only until the notification of the relevant Leakage as Known Leakage pursuant to Section 15.2.
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Rights and Remedies of Purchaser. (a) If an Early Termination Date has been designated under Section 5.02 or 6.02 and Seller has not paid the amounts due under Section 5.02 or Section 6.03 when such amounts are due, then Purchaser: (i) shall have the right to exercise any and all rights and remedies available to it under any Transaction Document or available at law or equity, including calling upon the Surety Bond in accordance with the terms of Section 5.04; and (ii) shall have the right and be entitled, at its option, to offset balances held by it for account of Seller or Guarantor at any of its offices or other amounts owed to it under any Transaction Document, in U.S. Dollars or in any other currency, against any Termination Payments or Unpaid Amounts (regardless of whether such balances are then due to Seller or Guarantor), in which case it shall promptly notify Seller or Guarantor thereof, provided that Purchaser's failure to give such notice shall not affect the validity thereof. Purchaser's right to offset balances held by it for the account of Guarantor pursuant to this Section 5.05 shall be subject to the limits set forth in the Guaranty Agreement. (b) All proceeds received after an Early Termination Date shall be applied first to reimbursement of expenses and indemnities provided for in this Agreement and other Transaction Documents owed by Seller to Purchaser and then to the Termination Payment and any Unpaid Amounts; and any excess shall be paid to Seller or as otherwise required by any governmental requirement.
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Related to Rights and Remedies of Purchaser

  • When Rights and Remedies Not Waived In no event shall the making by Triumph of any payment to Grantee constitute or be construed as a waiver by Triumph of any breach of covenant or any default which may then exist, on the part of Grantee, and the making of such payment by Triumph while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to Triumph with respect to such breach or default.

  • Rights and Remedies Not Waived No act, omission or delay by the Collateral Agent shall constitute a waiver of the Collateral Agent's rights and remedies hereunder or otherwise. No single or partial waiver by the Collateral Agent of any default hereunder or right or remedy that it may have shall operate as a waiver of any other default, right or remedy or of the same default, right or remedy on a future occasion.

  • Rights and Remedies Generally Upon the occurrence and during the continuance of any Event of Default, the Lender shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any Borrower’s premises, at the Borrowers’ expense, pending sale or other disposition of such Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s premises, at the Borrowers’ expense, or elsewhere, on such occasion or occasions as the Lender may see fit.

  • Other Rights and Remedies Not Affected The indemnification rights of the parties under this Article X are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

  • Other Rights and Remedies Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise.