Accounting for Remedy Proceeds Sample Clauses

Accounting for Remedy Proceeds. The Secured Party, a Receiver or an Attorney is not obliged to account to the Grantor for any money relating to the exercise by any of them of any Power until money is actually received in immediately available funds and is not required to be disgorged.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Accounting for Remedy Proceeds. The Secured Party, a Receiver or an Attorney is not obliged to account to the Grantor for any money relating to the exercise by any of them of any Power until money is actually received in immediately available funds and is not required to be disgorged, including if any of them sells the Secured Property on terms whereby: (a) any part of the purchase price remains unpaid (whether secured or unsecured) after transfer of the Secured Property to the purchaser; or (a) the purchase price is payable in instalments on or before the transfer of the Secured Property to the purchaser.
Sample 1
Accounting for Remedy Proceeds. The Chargee, any Receiver or any Attorney is not obliged to account to Nord Australex for any moneys relating to the exercise by any of them of any right until moneys are actually received in immediately available funds and, without limitation, if any of them sell the Charged Property on terms whereby: (a) any part of the purchase price remains unpaid (whether secured or unsecured) after transfer of the Charged Property to the purchaser; or (b) the purchase price is payable in instalments on or before the transfer of the Charged Property to the purchaser, they are not obliged to account for the purchase price before it is actually received in immediately available funds.
Sample 1
Accounting for Remedy Proceeds. The Mortgagee, any Receiver or any Attorney is not obliged to account to Nord Australex for any moneys relating to the exercise by any of them of any right until moneys are actually received in immediately available funds and, without limitation, if any of them sell the Secured Property on terms whereby: (a) any part of the purchase price remains unpaid (whether secured or unsecured) after transfer of the Secured Property to the purchaser; or (b) the purchase price is payable in instalments on or before the transfer of the Secured Property to the purchaser, they are not obliged to account for the purchase price before it is actually received in immediately available funds.
Sample 1
Accounting for Remedy Proceeds. The Mortgagee, any Receiver or any Attorney is not obliged to account to the Mortgagor for any moneys relating to the exercise by any of them of any right until moneys are actually received in immediately available funds and, without limitation, if any of them sell the Secured Property on terms whereby: 153 (a) any part of the purchase price remains unpaid (whether secured or unsecured) after transfer of the Secured Property to the purchaser; or (b) the purchase price is payable in instalments on or before the transfer of the Secured Property to the purchaser, they are not obliged to account for the purchase price before it is actually received in immediately available funds.
Sample 1

Related to Accounting for Remedy Proceeds

  • CUSTOMER REMEDIES 5.1. If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s), the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights to: 5.1.1. terminate the Agreement with immediate effect by giving written notice to the Supplier; 5.1.2. reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; 5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; 5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables; 5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; 5.1.6. recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; 5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and 5.1.8. claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach. 5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice. 5.3. These Terms shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 5.4. The Customer’s rights under the Agreement are in addition to its rights and remedies implied by statute and common law.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!