Agent’s Right to Purchase. Unless Credit Parties provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Credit Parties’ expense to protect Agent’s and Lenders’ interests in Credit Parties’ and their Subsidiaries’ Properties. This insurance need not protect Credit Parties’ and their Subsidiaries’ interests. The coverage that Agent purchases may not pay any claim that any Credit Party or any Subsidiary makes or any claim that is made against such Credit Party or any Subsidiary in connection with said Property. Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that insurance has been obtained as required by this Agreement. If Agent purchases insurance, Credit Parties will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall be added to the Obligations. The costs of the insurance may be more than the cost of insurance Credit Parties may be able to obtain on their own.
Agent’s Right to Purchase. Upon the occurrence of an Event of Default and upon the written request of Agent, which shall be received by Owner and any Assignee not later than fifteen (15) Business Days subsequent to receipt by Agent of notice (an "Event of Default Notice") from Owner or any Assignee pursuant to this Agreement that an Event of Default has occurred, Agent shall have the right, but not the obligation, not later than thirty (30) Business Days after Agent receives the notice of the Event of Default from Owner or any Assignee, to purchase all Units at a price equal to the Unit Acquisition Cost for such Units; provided that the purchase option contained in this paragraph shall only be available to Agent if the purchase price and all other amounts paid by Agent would not in the circumstances in which such payment is made constitute a preferential payment or a voidable transfer pursuant to the provisions of the Federal Bankruptcy Code in a bankruptcy proceeding by or against Agent and will not otherwise result in the payment being subject to recapture from Owner. In connection with, and as a condition to, the purchase of all Units pursuant hereto, (i) Agent shall pay at the time of purchase, in addition to the Unit Acquisition Cost, all other amounts payable by Agent under this Agreement, including, without limitation, all Accrued Default Obligations, and all transfer taxes, transfer gains taxes, mortgage recording tax, if any, recording and filing fees and all other similar taxes, fees, expenses and closing costs (including reasonable attorneys' fees) in connection with the conveyance of such Unit to Agent and all other amounts owing hereunder, and (ii) when Owner transfers title, such transfer shall be on an as-is, non-installment sale basis, without warranty by, or recourse to, Owner, except that such title shall be free of any Liens resulting from Owner's willful or knowing act or omission.
Agent’s Right to Purchase. 52 Exhibit A The Lease Agreement Exhibit B Form of AFL Unit Leasing Record Exhibit C Form of Acquisition Certificate Exhibit D Form of Interim Advance Exhibit E Form of Certificate of Substantial Completion Exhibit F Form of Certificate of Increased Cost Exhibit G Unit FF&E Specifications Exhibit H Environmental Certificate Exhibit I Operating Agreement Exhibit J Description of the Ammonia Project Exhibit K Project Parcel Exhibit L Draft of Construction Agreements for Ammonia Project Exhibit M-1 Electricity Supply Agreement Exhibit M-2 Water Supply Agreement Exhibit M-3 Form of Savonetta Pier User Agreement Exhibit N Description of OSHA Litigation Exhibit O Form of AIA Document G722
Agent’s Right to Purchase. Upon the occurrence of an Event of Default and upon the written request of Agent, which shall be received by Owner and any Assignee not later than fifteen (15) Business Days subsequent to receipt by Agent of notice (an "Event of Default Notice") from Owner or any Assignee pursuant to this Agreement that an Event of Default has occurred, Agent shall have the right, but not the obligation, not later than thirty (30)
Agent’s Right to Purchase
