Assignee’s Remedies Sample Clauses

Assignee’s Remedies. In the event of the termination of this Agreement by ASSIGNEE pursuant to Section 11.19.1(b) or 11.19.1(d), ASSIGNEE shall be entitled to initiate the Alternative Dispute Resolution procedure set forth in Section 11.3 in order to have the arbitrators determine compensatory damages. Other than ASSIGNEE’s right to seek specific performance pursuant to Section 11.22, the remedy set forth in this Section 11.19.2(b) shall be ASSIGNEE’s sole and exclusive remedies for any breach by ASSIGNOR giving rise to a termination by ASSIGNEE under Section 11.19.1(b) or Section 11.19.1(d), and ASSIGNEE hereby expressly waives and releases all other remedies (except as provided in Section 11.19.3).
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Assignee’s Remedies. Lessee will at all times fully perform and comply with all terms, covenants, conditions and warranties imposed on or assumed by it as tenant under the Lease. If Lessee shall fail to do so, Assignee may, but shall not be obligated to, take any action Assignee deems necessary or desirable to prevent or to cure any default by Lessee in the performance of or compliance with any of Lessee’s covenants or obligations under the Lease after Assignee has provided Lessee with written notice of the default and a reasonable time within which for Lessee to cure such default. On receipt by Assignee from the Lessor under the Lease of any written notice of default by the tenant thereunder, Assignee may rely thereon and take any action stated above (subject to Assignee’s obligation to provide notice to Lessee and an opportunity to cure) to cure the default even though the existence of the default or the nature of the default is questioned or denied by Lessee or by any party on behalf of Lessee. Lessee hereby expressly grants to Assignee, and agrees that Assignee shall have, the absolute and immediate right to enter in and on the Subject Property or any part of them to such extent and as often as Assignee, in its sole discretion, deems necessary or desirable in order to prevent or to cure any such default by Lessee. Assignee may pay and expend such sums of money as Assignee in its sole discretion deems necessary to cure any such default by Lessee, and Lessee hereby agrees to pay to Assignee, promptly following demand by Assignee and reasonable evidence to Lessee of such expenses, and demand, all such sums so paid and expended by Assignee, together with interest thereon from the date of such payment at the default rate for the Indebtedness. All sums so paid and expended by Assignee and the interest thereon shall be added to the balance due on the Indebtedness and be secured by this Assignment.
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Assignee’s Remedies. Upon failure of ASSIGNOR to perform any of the obligations to be performed by ASSIGNOR prior to and on the Closing Date, ASSIGNEE, at ASSIGNEE's sole option, may (i) enforce specific performance, or (ii) terminate this Agreement and receive back the Performance Deposit (without interest) from ASSIGNOR. The remedies set forth in this Section 11.19.2 shall be ASSIGNEE's sole and exclusive remedies for such default, and ASSIGNEE hereby expressly waives and releases all other remedies (except as provided in Section 11.19.4).
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Assignee’s Remedies. This Assignment is primary in nature to the obligation evidenced and secured by the Loan, the Loan Documents and any other document given to secure and collateralize the indebtedness secured by the Loan Documents. Lessee agrees that Assignee may enforce this Assignment without first resorting to or exhausting any other security or collateral; provided, however, that nothing herein contained shall prevent Assignee from suing on the Loan, foreclosing the Loan Documents or exercising any other right under any document securing the payment of the Loan.
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Assignee’s Remedies. (i) If Assignor fails to transfer the LLC Interests to Assignee when required to do so hereunder or materially breaches its obligations under
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Assignee’s Remedies. If Assignor breaches its obligations under this Agreement, the Deposit shall be returned to Assignee and, in addition, Assignee shall be entitled to either (i) collect from Assignor the sum of Two Hundred Fifty Thousand Dollars ($250,000) as full compensation for any and all damages suffered by Assignee as a result of Assignor's breach or (ii) bring an action for specific performance of Assignor's obligations; provided that no default or breach by Assignor under the ERPA or any Related Agreement shall, solely by reason thereof, constitute a default or breach by Assignor under this Agreement.
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Assignee’s Remedies. (i) If Assignor fails to transfer the Distributed GF LLC Interests to Assignee when required to do so hereunder or materially breaches its obligations under Section 6(b) hereof, then Assignee, as its sole and exclusive remedy therefor may either (x) elect to terminate this Agreement by written notice to Assignor and Escrow Agent stating that such failure has occurred, and in such event, subject to the dispute mechanism in Section 1(b), the Xxxxxxx Money shall be returned to Assignee and this Agreement shall terminate, or (y) enforce specific performance of Assignor’s obligation, provided that as a condition precedent to Assignee exercising any right to bring an action for specific performance as the result of such failure, Assignee must commence such action within thirty (30) days after the occurrence of such failure, and Assignee agrees that its failure timely to commence such an action for specific performance within such thirty (30) day period shall be deemed a waiver by it of its right to commence such an action , and (ii) if Assignor otherwise defaults with respect to any other material covenant or obligation under this Agreement, and such default remains uncured for ten (10) business days after written notice from Assignee, then Assignee, as its sole and exclusive remedy therefor, may elect to terminate this Agreement by written notice to Assignor and Escrow Agent stating that such default has occurred, and in such event, the Xxxxxxx Money shall be returned to Assignee and this Agreement shall terminate.. The remedies provided in this Section 1(d) are exclusive, and Assignee expressly waives all other remedies, claims and causes of action (including any right to obtain lost profits or actual, consequential, special or any other damages from Assignor or its affiliates) for Assignor’s failure in performance or default.
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Related to Assignee’s Remedies

  • Lenders Rights and Remedies Subject to my right to notice of default and right to cure the default(s), to the extent required by law, if an Event of Default occurs, Lender has the following rights and remedies (“Rights and Remedies”), subject to applicable law:

  • UCC Remedies (a) Upon the occurrence of and during the continuance of an Event of Default under this Agreement or the other Financing Documents, Agent, in addition to all other rights, options, and remedies granted to Agent under this Agreement or at law or in equity, may exercise, either directly or through one or more assignees or designees, all rights and remedies granted to it under all Financing Documents and under the UCC in effect in the applicable jurisdiction(s) and under any other applicable law; including, without limitation:

  • Default Rights and Remedies If an Event of Default exists, the Agent shall have the following rights and remedies:

  • 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.

  • Banks Rights and Remedies 8.1 Upon the occurrence of an Event of Default by Borrower under this Agreement, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:

  • Termination Remedies Section E.1.

  • Termination and Remedies Provided no TO is outstanding and remains to be performed by either party, this Agreement may be terminated by either party upon 30 days prior written notice to the other party. Any TO may be terminated under the following circumstances: by both Parties on mutual written agreement of the Parties; by either Party for its convenience with written notice and after the Termination Notice Period specified in the Additional Terms has expired; by Mercy Corps immediately upon written notice in the event Mercy Corps’ donor(s) terminates or withdraws funding that Mercy Corps would use to pay Contractor under the Additional Terms; by either Party due to the non-terminating Party’s breach of this Agreement and failure to correct such breach within 15 days prior notice of such breach; be either Party upon written notice if a force majeure event, including any not reasonably foreseeable war, insurrection, change in law or government action or inaction, strike, natural disaster or similar event, prevents the terminating Party from being able to fulfill its obligations under this Agreement; or by Mercy Corps immediately upon written notice if Mercy Corps using its sole discretion determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, in which case Mercy Corps may withhold any and all amounts owed to Contractor until such breach is remedied. In the event of termination due to Contractor’s breach or by Contractor for Contractor’s convenience, Mercy Corps will not be obligated to pay Contractor for any partially completed work. In the event termination is due to Mercy Corps’ breach, by Mercy Corps for Mercy Corps convenience, due to force majeure event, or due to loss of funding, Mercy Corps will be obligated to pay Contractor for its reasonable, pro-rated costs of work completed and expenses properly incurred prior to termination. However, Mercy Corps will not be responsible for any expenses incurred in anticipation of termination or suspension. If Mercy Corps determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, Mercy Corps may, in addition to any other remedies for such breach available at law or in equity, terminate this Agreement.

  • Specific Remedies Upon the occurrence of any Event of Default:

  • Lender’s Remedies If (a) any Default shall occur in respect of which Borrower is the defaulting party or (b) Lender is obligated to redeliver, or is otherwise deprived of its rights to, any Loaned Securities after their return, or is in any way required to pay their value or any related sum over, as a result of any bankruptcy, insolvency, liquidation, reorganization, or other similar proceeding relating to Borrower or pursuant to any legal requirement, including without limitation any laws relating to so-called ‘preferences’ or preferential payments, Lender shall have the right, in addition to any other remedies provided herein or under applicable law (without further notice to Borrower), (i) to purchase, within a commercially reasonable time (taking into consideration the nature of the market for the Loaned Securities), a like amount of the Loaned Securities in the principal market for such securities, (ii) or to treat the Loaned Securities as having been purchased by Borrower at a purchase price equal to the market value thereof on the day of the Default (or on the date of the event referred to in (b) above, as the case may be), and may apply the Collateral to the payment of such purchase (whether actual or deemed), after deducting therefrom all amounts, if any, due Lender under Sections 4, 7, 14 and 17 hereof. Lender may also apply the Collateral to any other obligation of Borrower under this Agreement, including distributions paid to Borrower (and not forwarded to Lender) in respect of Loaned Securities. In the event the purchase price exceeds the market value of the Collateral on the date of purchase, Borrower shall be liable to Lender for the amount of such excess (plus all amounts, if any, due to Lender hereunder) together with interest on all such amounts, in the case of purchases of Foreign Securities, at a per annum rate equal to LIBOR plus 2%, and in the case of purchases of any other securities (or other amounts, if any, due to Lender hereunder) at a per annum rate equal to the Fed Funds Rate plus 2%, as it fluctuates from day to day, from the date of such purchase until the date of payment of such excess. Lender shall have, as security for Borrower’s obligation to pay such excess, a security interest in or right of setoff against any property of Borrower then held by Lender and any other amount payable by Lender to Borrower. The purchase price of securities purchased under this Section 12 shall include broker’s fees and commissions and all other reasonable costs, fees and expenses related to such purchase or exercise of remedies including, without limitation, reasonable legal fees and expenses. Upon the satisfaction of all obligations hereunder, any remaining Collateral shall be returned to Borrower. Notwithstanding any provision of the Agreement, Lender shall not be obligated to make any payment to Borrower under the Agreement or in respect of any Loan (including without limitation any return of Collateral) at any time after a Default by Borrower has occurred unless and until Borrower has satisfied all of its obligations (contingent or otherwise) to Lender, whether or not such obligations have at the time matured.

  • Events of Default Rights and Remedies Section 7.1 Events of Default.

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