Common use of Buyer’s Rights and Remedies Clause in Contracts

Buyer’s Rights and Remedies. If at any time an Early Termination Date has been designated with respect to Seller, then, unless Seller has paid in full all of its obligations that are then due under this Confirmation Agreement, Buyer may exercise one or more of the following rights and remedies: (i) all rights and remedies available to a secured party under applicable law with respect to Performance Assurance held by Xxxxx; (ii) the right to set-off any amounts payable by Seller with respect to any obligations under this Confirmation Agreement against any Performance Assurance held by Buyer (or any obligation of Buyer to Transfer that Performance Assurance); (iii) any other rights and remedies available to Buyer under the terms of any Performance Assurance.

Buyer’s Rights and Remedies. If at any time an Early Termination Date has been designated with respect to Seller, then, unless Seller has paid in full all of its obligations that are then due under this Confirmation Agreement, Buyer may exercise one or more of the following rights and remedies: (i) all rights and remedies available to a secured party under applicable law with respect to Performance Assurance held by XxxxxBuyer; (ii) the right to set-off any amounts payable by Seller with respect to any obligations under this Confirmation Agreement against any Performance Assurance held by Buyer (or any obligation of Buyer to Transfer that Performance Assurance); (iii) any other rights and remedies available to Buyer under the terms of any Performance Assurance.